INDRADHANUSH PROPERTIES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition seeks to lay a challenge to the acquisition of land vide Preliminary Notification dtd. 19/8/2022 followed by the Final Notification dtd. 18/10/2022, both issued by the 2nd respondent-BDA to the extent they comprise the petition lands.

(2.) Learned counsel for the petitioner vehemently argues that: the Notifications do not mention the name of petitioner who is the registered owner of the lands in question; the subject lands having been converted to non- agricultural user are exempted from acquisition process vide JUNJAMMA vs. THE BANGALORE DEVELOPMENT AUTHORITY, ILR 2005 KAR 608; the BDA having given NOC for conversion, cannot seek acquisition of the said lands; when the purpose for which lands are sought to be acquired would be served by the land owners themselves developing the case.

(3.) After service of notice, the State has entered appearance through the learned AGA and BDA and its LAO have entered appearance through their Panel Counsel. Learned Advocate General appearing for the respondents vehemently opposes the petition controverting the propositions which the counsel for the petitioner strenuously has put forth as mentioned above. He adds that, this acquisition is being finalized pursuant to direction of the Apex Court in BANGALORE DEVELOPMENT AUTHORITY vs. STATE OF KARNATAKA in Miscellaneous Application Nos.1614-1616/2019 in C.A.Nos.7661- 7663/2018 and that there is no discretion to disobey the mandate in the judgment. He also contends that there being no dropping of the proceedings in terms of sec. 48 of the Land Acquisition Act, 1894, no relief can be granted to the petitioner.