NAGAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Sri. Gopal V. Bilalmane, learned counsel accepts notice for respondents 2 to 4. Statement of objections has also been filed. The same is taken on record.

(2.) Petitioner along with others are stated to be the owners of an extent of 4 acres in Sy. No. 222 of Hosahudya Village, Kasaba Hobli, Bagepalli Taluk, Chikkaballapur District. It is submitted that the 1 st respondent issued notification under Sec. 28(1) of the Karnataka Industrial Areas Development Act, 1966 (for short 'the Act') on 11/12/2009 and the Sy. No. 222 and its sub numbers consisting various extents have been notified which finds mention at Sl. Nos. 14 to 17 of the Preliminary Notification at Annexure-A.

(3.) It is submitted that though the name of petitioner is not found in the preliminary notification, petitioner has interest in the said lands in light of the revenue entries entered in the name of the petitioner though at a later point of time. Learned counsel for the petitioner further submits that the acquisition proceedings have not been concluded or reached finality in terms of the procedure prescribed under the Act and in light of lapse of 13 years, failure to exercise power to complete the acquisition proceedings has conferred vested right in the petitioner to have a declaration that the acquisition proceedings has lapsed. Reliance is placed on the judgment of the Co-ordinate Bench in W.P.No.10139/2021.