A. ALBERT VICTOR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Mr. Nataraj R, learned counsel for the petitioner. Mr. MR.V. Shivareddy, learned High Court Government Pleader for respondent No.1.

(2.) In this writ petition under Article 226 of the Constitution of India the petitioner inter alia seeks a writ of certiorari for quashment of acquisition proceedings initiated by respondent No.1 in terms of final notification dated 25.09.2008 and notification dated 16.02.2012 as having been lapsed under Section 24(2) of the Right to Fair Compensation, Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013. The petitioner also seeks quashment of the final notification issued by respondent No.1 dated 25.09.2008 under Section 25(4) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'the Act' for short) as well as corrigendum issued by respondent No.1 dated 16.02.2012 as arbitrary, discriminatory insofar as it pertains to the land of the petitioner. The petitioner has also sought for a writ of prohibition restraining the respondents from interfering or disturbing the possession of the petitioner in respect of the land in question.

(3.) Facts leading to filing of the writ petition briefly stated are that by sale deeds dated 22.12.1993, 04.01.1994 and 13.01.1994, the petitioner purchased 12 acres of land in Sy.No.6 of Singahalli. On 07.08.2006, the respondent issued a Notification under Sections 3(1) and 1(3) of the Act in respect of 1209 acres and 19.5 guntas of land situate in four villages including Singahalli. The respondent No.1 published a Notification on 07.08.2006 under Section 28(1) of the Act proposing to acquire the aforesaid lands. It is the case of the petitioner that his land was not included in the preliminary notification. Thereafter, the respondent No.3 published a notification under Section 28(1) in Kannada Prabha Daily dated 28.09.2006. It is averred in the writ petition that in the aforesaid publication also the particulars of the lands of the petitioner have not been mentioned.