NANDI INFRASTRUCTURE Vs. RATHNA S. REDDY

JUDGEMENT

(1.) Heard Mr. Dhyan Chinnappa, learned Senior Counsel assisted by Mr. Nitin Prasad, learned counsel for the appellant, Mr. H.N. Shashidhar, learned Senior Counsel assisted by Mr. H.S. Suhas, learned counsel for respondent No.1 and Mr. Ravindra V Reddy, learned Special Counsel for respondent Nos.2 and 3 - State.

(2.) The present intra Court appeal has been filed challenging the land acquisition proceedings initiated by the State Government under the provisions of the Karnataka Industrial Area Development Act (hereinafter referred to as 'the KIAD Act') in respect of the petitioner's land as their land was the subject matter of the preliminary notification dtd. 14/6/2006 under Sec. 28(1) of the KIAD Act and final notification dtd. 16/10/2008 issued under Sec. 28(4) of the said Act. The aforesaid land came to be acquired for the purpose of Bangalore-Mysore Infrastructure Corridor Project, (for short 'the BMICP'). The said project has remained a distinct dream of the residents of Bangalore and the State. But, admittedly till date no award has been passed in respect of the petitioner's land and their land is said to have been acquired finally by the notification dtd. 16/10/2008.

(3.) The petitioner places reliance on the endorsement dtd. 5/6/2025 issued by the Bangalore- Mysore Infrastructure Corridor Area Planning Authority stating that no ramp, interchange, link alignment or BMICP facility exists or is proposed on the petitioner's land in Sy No.41/5 and consequently, that said land is not required for the BMICP.