PANDURANGA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) LAND of the appellant comprised in Sy. No. 39 was acquired for the benefit of the Karnataka Industrial Area Development Board. Preliminary notification under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (for short, 'the Act') was issued on 22 -11 -1984. By a consent award passed, market value at Rs. 24,000/ - per acre was fixed for the acquired land belonging to the appellant. As the award was a consent award, the matter attained finality. Subsequently, on 17 -12 -1992, by way of another preliminary notification, land comprised in Sy. No. 41 was notified for acquisition for the benefit of the KIADB. This was a converted land and an industry had been established there. The Land Acquisition Officer passed an award fixing market value of this land at Rs. 62,400/ - per acre. On reference, Civil Court has enhanced the same to Rs. 7,40,520/ -. On the basis of the said determination made by the Civil Court, appellant made a representation requesting the respondent to pay the same compensation at Rs. 7,40,520/ - for his land. This request was not considered. Hence, the appellant filed writ petition before this Court.

(2.) THE learned Single Judge has dismissed the writ petition holding that appellant was not entitled to take advantage of the award made in favour of of the owner of Sy. No. 41 as the said land was acquired much later on 17 -12 -1992, whereas the appellant's land had been acquired on 22 -11 -1984.