M R SUJATHA Vs. KARNATAKA INDUSTRIAL AREAS

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned Counsel for respondent Nos. 1 and 2.

(2.) THE facts in brief are as follows: The petitioner claims to have purchased the land to a total extent of 2 acres of agricultural land in several survey numbers of Chellur village, Maralavadi Hobli, Kanakapura Taluk, Bangalore Rural District, under a registered sale deed dated 06.04.2005. The details of the land are as follows: <table class="tablestyle" width="60%" border="1" align="center" cellpadding="1" cellspacing="1" style="font -family:Verdana"> <div align="center">29 guntas <div align="center">185/3 <div align="center">9 guntas <div align="center">186/1 <div align="center">22 guntas <div align="center">371/2 <div align="center">13 guntas <div align="center">370/P2 <div align="center">7 guntas <div align="center">Total <div align="center">2.00 acres

(3.) THE petitioner is said to have purchased the land for setting -up a textile processing industrial unit for manufacturing readymade garments. The petitioner's proposed unit was registered with the Directorate of Industries and Commerce, Government of Karnataka. It was indicated in the application before the authority, that the textile industry would be located in the land referred to above. The petitioner then sought for conversion of the land for non -agricultural use. In the meanwhile, notifications were issued under the provisions of Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'the Act' for brevity), whereby the State Government declared and notified several extent of lands in Bannikuppe, Devarakaganahalli, Jakkasandra and Chellur villages of Kanakapura Taluk, Bangalore Rural District as an industrial area and sought to acquire the said lands as indicated under the preliminary notification issued under Section -28(1) of the Act dated 25.10.2006. The lands belonging to the petitioner bearing three survey numbers 186/1 measuring 22 guntas, 371/2 measuring 13 guntas and 370/P2 measuring 7 guntas, a total extent of 1 acre, 2 guntas were sought to be acquired.