VENKATESHAPPA Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) Petitioners claiming to be joint owners of immovable properties measuring 5 acres 29 guntas in Sy.No.46; 5 acres 17 guntas in Sy.No.48; and 5 acres 29 guntas in Sy.No.52 of Jakkasandra Village, Malur Taluk, Kolar District, aggrieved by the acquisition proceeding by the State of Karnataka issuing preliminary notification dated 13/3/2012 proposing to acquire the said lands for and on behalf of the Karnataka Industrial Area Development Board (for short 'KIADB'), under the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act'), when issued with notices, entered appearance before the Special Land Acquisition Officer by name S.G.Somashekar and filed objections, Annexures G, G1 and G2 interalia pointing out that 4 acres out of 5 acres 29 guntas in Sy.No.46 was permitted to be diverted for use to non-agricultural industrial purpose and another extent of 4 acres from out of 5 acres 29 guntas in Sy.No.52, for the very same purpose, by common order dated 13/8/2007, Annexure-C of the Deputy Commissioner, under Section 95 of the Karnataka Land Revenue Act, 1964 following which a brick industry was established. In addition it was pointed out that land in Sy.No.48 measuring 5 acres 17 guntas contained residential house and other buildings.

(2.) The Special Land Acquisition Officer S.G.Somashekar having held a spot inspection, submitted a report dated 14/6/2012 (not in dispute) stating that 30 guntas in Sy.No.46 and 1 acre in Sy.No.52 were put to use for non-agricultural activity and 20 guntas in Sy.No.48 consisted of house, temple and other buildings, but made no reference to the order dated 13/8/2007 Annexure 'C' permitting diversion of the use of lands from agricultural to non-agricultural purpose, more particularly 4 acres each in Sy.No.46 and 52, while however recommending that the aforesaid extents ie., 30 guntas in Sy.No.46 from out of 5 acres 29 guntas; 20 guntas in Sy.No.48 from out of 5 acres 17 guntas; and 1 acre in Sy.No.52 from out of 5 acres 29 guntas required to be deleted from acquisition. The State Government having considered the said report and acting under Sub-Sec.(4) of Section 28 of the KIAD Act, issued a final notification dated 4/12/2012 for acquisition of the balance extent of lands.

(3.) Petitioners asserting that the portions of lands are put to use for non-agricultural activity, while the balance is garden fertile land, have presented these petitions to declare invalid, the notifications, both preliminary and final.