NARAYAN P. PATEL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have assailed the validity of the Final Notification at Annexure-'N' dtd. 21/2/2017.

(2.) Sri S.Sreevatsa, learned Senior Counsel appearing on behalf of the petitioners would submit that the only question to be decided is as to the interpretation to be placed on the wordings in the order dtd. 13/4/2007 passed in W.P.No.28019/2003 and as to whether the order has the effect of having quashed the acquisition notifications and setting aside the acquisition proceedings, while reserving liberty to the Authority to proceed for acquisition in accordance with law. It is submitted that, if this were to be the understanding, the procedure of respondent - Karnataka Industrial Areas Development Board (KIADB) in continuing the acquisition proceedings as if the Final Notification was only set aside and the Preliminary Notification remained in tact, is clearly a misleading of the order.

(3.) The facts that are made out are that the petitioner is stated to the owner of the land bearing Survey No.71 of Doddathoguru Village, Begur Hobli, Bangalore South Taluk, measuring an extent of 6 acres 23 guntas. It is brought out from the facts that the petitioners have got an extent of 6 acres 23 guntas of land in Survey No.71 converted for industrial purpose. It is further averred in para-7 of the writ petition that on 11/9/1996, the KIADB had given its no objection to the mother of the petitioners to develop the industries and it is only in pursuant to such action, the petitioners had made preparations for establishment of their enterprise.