N. ANUSUYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have approached this Court assailing the acquisition proceedings initiated under the provisions of Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act'), in respect of their lands situated at Mudhigere Kavalu Village, Kasaba Hobli, Sira Taluk, Tumakuru District. They seek to quash the preliminary notification dtd. 24/4/2010 and final notification dtd. 19/8/2010, contending that despite the lapse of more than 14 years, no award has been passed, possession has not been taken and no steps whatsoever has been undertaken to complete the acquisition.

(2.) The petitioners claim to be the absolute owners of the lands bearing Survey Nos. 122, 123, 126 and 127 acquired under registered sale deeds of 2000-2001. The preliminary notification dtd. 24/4/2010 was issued under Sec. 28 (1) of the KIAD Act proposing acquisition of 2,051.24 acres including the petitioners land. The final notification dtd. 19/8/2010 under Sec. 28(4) of the KIAD Act came to be issued including the petitioners' land. According to the petitioners no award has been passed even after a lapse of 14 years, no possession has been taken and no development of the notified industrial area has been taken place. It is contended that only a notice was issued in the year 2024 calling upon for fixing compensation, which demonstrates complete abandonment and non-compliance with the statutory mandate.

(3.) Learned counsel appearing for the petitioners submits that the proceedings have lapsed only due to inordinate delay of 14 years without passing an award or taking possession. It is further submitted that power of eminent domain must be exercised within a reasonable time, failing which the acquisition becomes arbitrary. Reliance is placed on the following decisions :