N LAKSHMIPATHI BABU Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is the owner of the land measuring 4 acres 30 guntas standing at Sy. Nos. 27/2 and 29 of Talagattapura Village has raised the challenge to the preliminary notification, dated 2-6-1999 issued under Section 28(1) of Karnataka Industrial Areas Development Act, 1966 ('K.I.A.D. Act' for short). Further, the petitioner has also sought the relief of declaration that the said lands are free from any acquisition. Sri Udaya Holla, learned Senior Counsel appearing for Suraj Govindaraj for the petitioner submits that the issues raised in this writ petition are no more res Integra; they are fully covered by this Court's order, dated 22-2-2016 passed in W.P. Nos. 30353 and 30476 to 30479 of 2015. In the said case, this Court has held that the State has abandoned the lands from acquisition proceedings as the acquisition proceedings have not progressed from 1999, the year of the issuance of the preliminary notification. He submits that in the instant case also no proceedings whatsoever have taken place ever since the issuance of the preliminary notification, 17 years ago.

(2.) Sri Sunil Dutt Yadav, learned Special Government Counsel appearing for the respondents 1, 4, 5 and 8 submits that these petitions are premature. He submits that the issuance of the preliminary notification does not give any firm cause of action to any party. He submits that the preliminary notification is only in the nature of intendment or proposal. He submits that if, as and when the final notification is issued, the party gets the firm cause of action to approach this Court.

(3.) Sri Yadav submits that the pendency of a series of litigations are coming in the way of the speedy conclusion of the enquiry proceedings.