GOVINDA RAJU M. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE facts of the case are as follows: The petitioners claim to have inherited land bearing Survey No. 6/10, measuring 5 acres and 30 guntas, situated at Peenya village, Bangalore North Taluk. It is stated that even during the life time of the predecessor in title, in the year 1970, the land had been notified for acquisition under the provisions of the Karnataka Industrial Area Development Act, 1966 (Hereinafter referred to as the 'KIAD Act', for brevity). And the same had been challenged before this court in a writ petition in WP 4707/1970. The said writ petition was allowed and the proceedings were quashed by an order dated 28.11.1973.

(2.) RESPONDENTS 2 and 3, namely, the KIADB and the Land Acquisition Officer (LAO) have entered appearance through counsel and have filed objections to the petition contending that the petition is barred by res judicata in view of the earlier proceedings as admitted by the petitioners themselves.

(3.) IN the light of the above facts and circumstances, it is seen that the present petitioners claim to be legal heirs of the erstwhile land owner, who had unsuccessfully challenged the acquisition proceedings. In the present petition, they seek to question the manner of allotment of the acquired land to beneficiaries, albeit on the ground that Respondent No. 4, an allottee, was not an industry nor could be termed as an institution which is an 'industrial infrastructural facility', and on the ground that the allotments have been made by the Minister for Industries in an arbitrary and opaque manner and hence the acquisition proceedings ought to be set at naught. This would essentially require this court to examine the locus standi of the petitioners in raising such a challenge notwithstanding that the petitioners would be precluded from challenging the acquisition proceedings for a second time as it were, in view of the earlier proceedings having attained finality.