S S DARSHAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These two petitions are filed challenging the legality of the acquisition of certain lands pursuant to notification dated 16-7-1994 as at Annexure-A issued under Sections 4(1) and 17 of the Land Acquisition Act (L.A. Act) by respondent 2 and also the notification issued under Section 6 of the L.A. Act on 22nd August, 1994 issued by the 1st respondent-State. It is also prayed that Section 17(1) of the L.A. Act be declared ultra vires and illegal. While Writ Petition No. 23530 of 1994 is filed by a Company, the other petition is filed by one of the Directors thereof, who also own some part of the land.

(2.) In Writ Petition No. 23530 of 1994, the lands are those comprised in Sy. Nos. 110/2, 115/2 and 115/3 which also bear House List No. 995/1 to 6 measuring in all about 1 acre situate in Pattandur Agrahara village of Bangalore South Taluk. The lands with which we are concerned in Writ Petition No. 25555 of 1994 are also situate in the same village comprised in Sy. Nos. 115/1, 110/1 and 111/2 measuring about 10 acres 36 guntas. It is stated that the land comprised in Sy. No. 110/1 measuring about 3 acres 1/ guntas is a garden land. So is the land comprised in Sy. No. 115/1 measuring about 34 guntas and 6 acres 14 guntas is stated to be dry land.

(3.) First we shall take up for consideration the facts and contentions as arising in Writ Petition No. 25555 of 1994. The petitioner claims to be the owner in possession and enjoyment of the properties referred to above. He started in one acre after conversion to non-agricultural purpose, an Agro-based industry called 'Honey Rex Products Private Limited' which is a partnership firm having its office at Madras and was dependent on honey produced in the Southern States. For purpose of expansion and providing production from its own sources and also to have research and development, the petitioner and his close relatives purchased the land in the year 1985 for raising fruit bearing trees which are necessary for Bee-Keeping. These lands have been developed by the petitioner by planting various types of trees in the land for the last ten years and are now ready for Bee-Keeping. The nature of the land, the climate and the varied flora and the plenitude of the florescence in the area are suitable for Bee-Keeping. It is claimed by the petitioner that himself and his close relatives have made huge investment. The Horticulture Farm developed by the petitioner is also known as 'Madhuvan Farm' consisting of mango, coconuts, guava trees etc., giving an yield of about Rs. 3.47 lakhs per annum. The petitioner's Farm and the Associated concerns provide employment to about 250 persons and in addition, over 2000 families are dependent upon these concerns as the honey is purchased by the petitioner's Agro-based industry from the Bee-Keeping Co-operative Societies and individual Bee-Keeping in the State of Karnataka. By reason of the impugned acquisition the industry is going to be destroyed and it is rather sad that it should be so.