H N NANJE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this petition is a public interest petition stating that it affects the people of State of Karnataka and especially the innumerable number of small land holders, agricultural labourers, household workers and small cultivators who have been granted occupancy rights under the Land Reforms Act in bangalore north taluk and devanahalli taluk of Bangalore rural district. The background leading to this petition is issue of a notification dated 9-6-1994 under Section 28(1) of the Karnataka industrial areas development Act, 1966 ('act' for short) extending chapter vii of the act and another notification issued on 7-7-1994 proposing to acquire 5033 acres 36 guntas of land in Bangalore north taluk and devanahalli taluk which are spread over in ten villages of devanahalli taluk and four villages in Bangalore north taluk:

(2.) the allegation made in the petition is that the first respondent has decided constructing an international airport near devanahalli north of Bangalore north taluk. For that purpose, it wanted to acquire land roughly measuring 8848.30 acres with provision for providing infrastructure connected with the construction of international airport. It is alleged that the first respondent has signed a memorandum of undertaking (m.o.u.) with the fourth respondent-m/s. Tata consultants for the construction of the international airport. A letter was addressed by the petitioner to the chief minister on 2-6-1995 to furnish him a copy of the m.o.u. between the first and fourth respondents. After the petition was filed, it is stated that a reply has been sent to the petitioners on 17th august, 1995 stating that the m.o.u. between the Karnataka industrial areas development board and the consortium is yet to be finalised. It is claimed in the petition, in the absence of a copy of the m.o.u., the petitioners have gathered the necessary information from the proceedings of the third respondent-board and the correspondence that has ensued between the department and the first and second respondent.

(3.) the board of directors of the third respondent in the meeting held on 25-4-1994 took a decision to establish an international airport near devanahalli north of yelahanka and the first respondent was approached to make available about 5,062 acres of land there. It is also stated that the government had appointed a department to monitor the implementation of the international airport scheme and the Karnataka industrial areas development board-third respondent had been authorised to acquire the required land under the act for the establishment of the international airport. It is further alleged that the third respondent had been requested to transfer and also to acquire the necessary land out of which it is stated that 2,787.14 acres were government land and the balance is private land. In addition to these lands, further land is also sought to be acquired. It is next averred that with reference to certain proceedings of the board of directors on the basis of a report made by s. Ramanathan committee indicating the extent of land that is needed for the purpose of acquisition and the location of the airport, it is stated that a minimum space of 6.5 kms. Long and 2.5 kms. Width would be required for the purpose. Based on this information, the land required had been determined. The third point made out is that the executive member was authorised to cause issue of notification under the act for acquisition after determination of the exact extent of land required for the purpose. Thus, it is contended, on 25-4-1994, the exact extent of land required for the purpose of locating the airport was not yet determined. What was made known at that time was that 4,186 acres were available in ten villages of devanahalli taluk and four villages in Bangalore north taluk. Thus it is contended that there is total non-application of mind both as regards the location of the airport and the extent of land needed for the purpose.