LAWS(KAR)-2017-3-155

SANTOSH BASAWANAPPA WALI Vs. STATE OF KARNATAKA

Decided On March 17, 2017
Santosh Basawanappa Wali Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) These petitions are filed challenging the notifications issued under Section 28(1) and 28(4) of the Karnataka Industrial Areas Development Act, 1966 (for brevity ' the Act' ) and to quash the Resolution passed by the 2nd respondent-KIADB thereby fixing the market value of the land acquired at Rs. 12 lakhs per acre; Land is notified for the purpose of 5th respondent-Gulbarga Cement Company Limited/A Private Ltd., Company.

(2.) The petitioners are the owners in possession of various survey numbers of Kiranagi village in Gulbarga District. Their lands totaling about 71 acres is notified for acquisition. Arguments was addressed on both sides on merits of the case, however after conclusion of arguments a Memo, dated 6.3.2017 was filed by the learned counsel for the petitioners Sri.Shivakumar Kalloor, in the Court Hall which reads thus: ' In the above writ petitions, the petitioners are restricting their claim to the market value fixed by Advisory Committee with accrued interest (Annexure-G) as per Apex Court order. The petitioners may kindly be paid compensation amount as per the Advisory Committee Resolution Annexure-G Rs. 16 lakhs with interest without prejudice to his rights questioning acquisition, in the ends of justice.'

(3.) In that view of the matter, now this Court is left with the following question: Whether the price fixed by the Advisory Committee is binding on the State, if not binding, which is the Forum for the petitioners to redress their grievance?