PUSHPAVATHI Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE order dated 29.11.2013 passed by the learned Single Judge in writ petition Nos. 82948 -955/2013 (LA -KIADB) is called in question in these appeals by the land losers.

(2.) THE records reveal that the writ petitioners/appellants herein are the owners of various agricultural lands; the Government of Karnataka issued a notification under Section 28(1) of the Karnataka Industrial Area Development Act, 1966 Thereinafter referred to as 'the Act', for short) expressing its intention of acquiring the land to an extent an extent of 3490.22 acres. Prior to the issuing of said notification, a notification was issued under Section 3(1) of the Act, to which the petitioners had filed their statement of objections. The petitioners filed the statement of objections to the notification issued under Section 28(1) of the Act, also. According to the writ petitioners/appellants, though statement of objections are filed, they were not notified and consequently were not heard by the concerned authorities before issuing the final notification. The final acquisition notification issued under Section 28(1) of the Act is questioned by the petitioners in respect of their lands by filing writ petition Nos. 82948 -955/2013. The learned Single Judge after hearing the parties on both sides, dismissed the writ petitions by the impugned order dated 29.11.2013.

(3.) SRI Hanumanthareddy Sahukar, learned advocate for the appellants submits that the appellants/writ petitioners were not notified after filing the statement of objections and consequently they were not orally heard in the matter before issuing the final notification under Section 28(4) of the Act. The lands in question are fertile and are yielding two crops in a year and therefore, the same ought not have been acquired by the respondents contrary to the circular dated 03.03.2007 issued by the State Government.