GREGORY PATRAO AND ORS. Vs. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD AND ORS.

JUDGEMENT

(1.) Petitioners have assailed notice dated 08.12.2014 (Annexure 'A' to the writ petitions). That notice has been issued pursuant to order dated 23.09.2014 passed by this Court in W.P. No. 26742/2013 and connected matters.

(2.) These writ petitions have a checkered history. Respondent No. 1 had inter alia, sought acquisition of subject lands situate in Kalavaru Village, Mangaluru District, for the benefit of 2nd respondent - Refinery and Petro Chemicals Unit. Petitioners had assailed the acquisition in as much as the notifications issued under Ss. 3(1), 1(3), 28(1) and 28(4) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'the Act', for the sake of brevity) were challenged in W.P. Nos. 35148 -35157/2009. This Court, by order dated 09.03.2010, dismissed the writ petitions. It however observed that for the purpose of passing of the award, the date of preliminary notification must be construed as 03.03.2006. That order has attained finality. Thereafter, 1st respondent has taken steps to take possession of the subject lands under sub -sections (6) and (7) of Sec. 28 of the said Act. Though awards had been passed prior to disposal of the aforesaid writ petitions on 09.03.2010, 1st respondent passed fresh awards by construing the preliminary notification as one being issued on 03.03.2006. Since the 2nd respondent could not get actual possession of the subject lands, it approached this Court in W.P. No. 26742/2013 and connected matters seeking a direction to respondents in those writ petitions to consider their representations and to hand over actual vacant possession of the subject lands. This Court by order dated 23.09.2014, disposed the writ petitions by directing respondent No. 3 therein i.e., respondent No. 1 herein to consider representation of petitioner therein i.e., respondent No. 2 herein and hand over possession to respondent No. 2 herein, provided the amount as awarded to land owners is paid to them. Pursuant to that order, 1st respondent has issued notice dated 08.12.2014, which is impugned in these writ petitions.

(3.) I have heard learned counsel for petitioners and learned counsel for 1st respondent - KIADB and learned counsel for respondent No. 2 and perused the material on record.