ZAREENTAJ Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is before this Court assailing the notification dated 05.04.2012 published in the Gazette on 23.08.2012 and the notification dated 18.09.2013 published in the Gazette on 03.10.2013 impugned at Annexures -D and H to the petition.

(2.) THE petitioner is the owner of the land bearing Sy. No. 53 of Kalenahalli Village, Kasaba Hobli, K.R. Nagar Taluk, Mysore District. In the said land measuring 4 acres 23 guntas, the petitioner having secured conversion of the same by the order dated 23.05.2009 has formed a layout consisting of 65 sites. In the preliminary notification dated 05.04.2012, an extent of 10 guntas in the said survey number belonging to the petitioner along with certain other lands were notified for acquisition for the benefit of the fourth respondent to draw the sewage line and also to construct the S.T.P. Wet Well Tanks. Subsequent to the preliminary notification, a notice was issued to the petitioner and the petitioner had filed objections to the said acquisition on 24.09.2012 as at Annexure -F to the petition. Notwithstanding such objection being filed by the petitioner, the respondents by the final notification dated 18.09.2013 have included the land belonging to the petitioner as well. It is in that view, the petitioner claiming to be aggrieved is before this Court.

(3.) THE learned counsel for the petitioner has relied on the decision of the Hon'ble Supreme Court in the case of M/s. Usha Stud and Agricultural Farm Private Ltd. and Ors -vs - State of Haryana and Ors () with specific reference to Paragraph No. 33 therein.