RATHNAMMA Vs. STATE AND ORS.

JUDGEMENT

(1.) Land measuring 2 acres 2 guntas in Sy.No.43/1 and 2 acres in Sy.No.43/2 of Jakkasandra Village, Kasaba Hobli, Malur Taluk, Kolar District, belonging to the petitioner when proposed for acquisition by the State Government in the preliminary notification dated 13.03.2012 under Section 28(1) of The Karnataka Industrial Areas Development Act, 1966, (hereinafter referred to as 'KIAD Act, 1966' for brevity) followed by the final notification dated 04.12.2012 under Section 28(4) of the KIAD Act, 1966, has presented this petition, to quash the said notifications on the premise that :

(2.) According to the learned Counsel, petitioner when permitted and sanction accorded by the authorities under the relevant statutes, on the verge of disposing of the sites by way of sale, the notifications have come in her way hence calls for interference.

(3.) Learned Counsel for the respondent Nos.2 and 3- KIADB submits that the notification under Section 3(1) of the KIAD Act, 1966, issued along with the preliminary notification proposing acquisition, declares the said lands as "industrial area" and that merely because petitioner has made some development subsequent to the preliminary notification, there can be no challenge to the acquisition notifications.