SANNAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE petitions are filed in respect of acquisition of properties, by the respondent KIADB. For developing and establishment of industrial area, the KIADB issued notifications under S. 1 (3), 3 (1) and 28 (1)on 15-9-2000 for which the petitioners filed objections. Pursuant to the objections filed and also pursuant to the directions issued by the chief Executive Officer and the Executive member, the Development Officer concluded the acquisition proceedings on 24-10-2000, as dropped. Even in the meeting held on 7-11-2003, it was resolved to drop the land from acquisition by the 2nd respondent. The 3rd respondent pursuant to the directions of the board issued on 10-12-2003 withdrew the notifications so published. The 3rd respondent issued a letter dated 8-7-2004 regarding publication of notification once again. However, final notification was issued on 28-4-2005 acquiring the land of the petitioners on 13-5-2005. As per the report of the Development officer, the Board proposed to acquire 221. 18 acres of land in different survey numbers of pura and Anganahalli Village of Mandya District for formation of industrial area. The lands identified by the Board is adjacent to the existing industrial area and the lands are in mandya District. 40% of the area is covered by green belt and in an extent of 37. 23 acres the owners have developed teak wood plantations. In Anaganahalli Village also 37. 23 of land is of coconut plantation, mango trees, etc. In Pura Village to the extent of 5. 28 acres there are coconut and mango trees found. A very big natural valley is passing in between the two villages and huge development expenditure incurs for development of this area. The demand for industrial land in Mysore for the past three years is meagre when compared to the availability of vacant land and an extent of 60. 00 acres has been allotted from the last three years. An extent of 125 acres of vacant land is available for allotment in Mysore Industrial Area and the same extent of land is available for allotment at Nanjangud and thandya Industrial Area in Mysore. There is acute water shortage in Mysore whereas surplus water is available in Nanjangud and thandya and lastly, the report states that if the proposed land is acquired and developed, the cost of industrial land approximately works out to Rs. 9 lacs per acre which is not feasible as the prevailing rate in Mysore for industrial land is Rs. 5 lacs per acre.

(2.) IN view of the observations noted above, the Development Officer concluded that the acquisition proceedings be dropped. In the resolution of the 253rd Board Meeting, a decision was taken to drop the acquisition proceedings. By letter dated 7-11-2003 and the 2nd respondent communicated to the 3rd respondent to take further action to drop all the proceedings. Pursuant to the same, he withdrew the notification by order dated 10-12-2003 published under S. 3 (1), 1 (3) and 28 (1)of the KIADB Act. Accordingly, he ordered for publication by letter dated 8-7-2004.

(3.) ACCORDING to the petitioners, respondents after accepting the objections resolved to withdrew the notification under S. 28 (1 ). Once again, they proposed to acquire the lands by notification dated 13-5-2005 under S. 28 (4 ). The said final notification was published after four years eight months after publication of the preliminary notification and also called for tenders for development of industrial area.