C PRAKASH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE order of the learned Single Judge in W.P.No.17819/2005, dated 19/11/2012 is assailed in this appeal.

(2.) THE relevant facts of the case are that land bearing Sy.No.74, measuring 25 Guntas at Hebbal village, Kasaba Hobli, Bangalore North Taluk along with other parcels of land were subject matter of acquisition under Karnataka Industrial Areas Development Act, 1966 [hereinafter, referred to as the "Act"]. According to the appellant, fourth respondent, which is a private limited company incorporated under the provisions of the Companies Act, 1956, had approached the State Government in the year 2000, with an intention to establish "Unicare Tourist Center", comprising a resort, five star hotel, amusement park, water park, health club, recreation facilities and other infrastructural facilities. That the fourth respondent had negotiated with certain land owners at Hebbal and Hebbal Ammanikere village, to purchase 33 Acres of land. The fourth respondent required additional 37 Acres of land and therefore, had placed a proposal before the State High Level Committee (hereinafter, referred to as the "Committee"), to examine its project. The Committee had cleared the project and resolved on 28/06/2000 that an extent of 37 Acres could be acquired under the Act, which was accepted by the State Government on 10/07/2000. The Committee had made a further resolution on 14/08/2001 that fourth respondent in fact required 70 Acres of land and therefore, the entire extent could be acquired under the Act. Accordingly, Notifications under Sections 3(1) and 1(3) of the Act were issued on 25/11/2002 declaring to establish an industrial area to an extent of 63.33 Acres. On the same day, Notification under Section 28(1) of the Act, was issued proposing to acquire 46.20 Acres in Hebbal village and 15.22 Acres in Hebbal Ammanikere village, in all measuring 62.02 Acres. After considering objections of the land owners, a final declaration under Section 28(4) of the Act, was issued on 11/05/2004 proposing to acquire 40.12 Acres in Hebbal village and 13.14 Acres in Hebbal Ammanikere village, totally 53.26 Acres.

(3.) WHEN the matter stood thus, State Government also issued Notifications under Section 17 and 19 of the Bangalore Development Authority Act, 1976 on 03/02/2003 and 03/02/2004 respectively, intending to acquire the very same extent of land for the formation of a residential layout called "Arkavathi Layout". Those Notifications were assailed before this Court and by order dated 20/05/2005, the Notifications were quashed.