(1.) IN this writ petition, petitioner is challenging the order dated 25. 04. 2009 passed by the Special Land Acquisition Officer, KIADB, bangalore Mysore Infrastructure Corridor Project (for short, hereinafter referred to as 'the BMICP') and the Preliminary and Final Notifications issued by the State of Karnataka on 19. 12. 1998 and 02. 06. 2009 vide annexures-B and R respectively. Petitioner has also sought for a declaration that his converted land bearing Sy. No. 154/10 measuring 2 acres of Kengeri Village, Kengeri Hobli, Bangalore South Taluk, Bangalore district, is not under acquisition as per the Preliminary Notification,
(2.) THIS is a second round of litigation. Earlier, the petitioner was before this Court in W. P. No. 24867/2005 challenging the Final Notification along with the Corrigendum and the sketch prepared by the Special Land Acquisition officer, KIADB. The question raised before the Court was with regard to the identity of the land as to whether the land belonging to the petitioner herein sri P. Parthasarathy was under acquisition or was it the land belonging to the 4th respondent therein Sri Puttegowda. In this background, this Court in paragraph-11 of the writ petition observed as under:
(3.) PURSUANT to the order passed by this Court, the Special Land acquisition Officer. KIADB has conducted a fresh enquiry after giving notice to the concerned parties, including the petitioner and the 4th respondent herein. As can be seen from the impugned order, the land was needed for the purpose of peripheral road at the interchange and the same is identified by preparing a sketch on measurement by the surveyor. Land required for the road has been identified on joint measurement in the presence of the parties. The Land Acquisition Officer has come to the conclusion that 2 acres 33 guntas of land comprised in Survey No. 154/10 as identified after measurement and after preparation of the sketch by the surveyor is required for the public purpose for formation of the road and the objections raised by the respective parties were only individual grievances which could not prevail over the public purpose. Pursuant to the said order which is passed in exercise of the powers under Section 28 (3) of the Karnataka Industrial Areas Development Act, the State government has issued the impugned Final Notification dated 02. 06. 2009 acquiring the said portion of 2 acres 33 guntas of land comprised in Sy. No. 154/10. Aggrieved by this the present Writ Petition is filed.