MOOLA INVESTMENTS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE legality and correctness of the order passed by the learned single Judge in W.P.No.15452/2007 and W.P.No.21456/2009 dated 13.04.2010 are called in question in these appeals.

(2.) HEARD the counsel for the parties.

(3.) THE Special Deputy Commissioner sent a proposal to acquire 234 acres of land for Infosys Private Limited, situated in Devarabesanna Halli, Belandur, Bellandur Ammanikane and Kariyammana Agrahara, Varthur Hobli, Bengaluru South Taluk and out of which, the Single Window Agency stated that they could grant only 100.8 acres to be acquired for Infosys and Vikas Private Limited. Later, on 10.12.2001, a notification under Section 3(1) and 28(1) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as the 'KIAD Act', for short) was published and after considering the various objections received, including the objections raised by Smt.Sarasamma and Sri.P.Narayanappa were considered and that the Appellant Company filed an application for grant of land and also to approve its project by State Level Single Window Agency. Certain extent of land was allotted to the petitioner to implement its project. Later, it was found that the land granted to the appellant was in graveyard. Therefore, sought for change of allotment to an alternate land. Accordingly, 04 acres of land was allotted to Sy.Nos.17 and 18 of Bellandur Village on 17.12.2003. In the meanwhile, the land granted to the petitioner was de -notified by the Government on 03.05.2008 dropping the acquisition of Sy.No.17 comprising of 04 acres of Bellandur Village and on 12.09.2007, de -notifying 02 acres and 19 guntas of land situated in Sy.No.18 of Bellandur Village.