B. R. SRINIVAS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Mr.Jayakumar S.Patil, Learned Senior Counsel for Mr.M.B.Chandrachooda, learned counsel for the petitioner.

(2.) In these petitions under Articles 226 & 227 of the Constitution of India, the petitioner inter alia seeks quashment of the Notifications dated 25.04.2005 and 05.08.2005 issued by respondent No.1 insofar as it pertains to land bearing Sy.No.3/1 measuring 1 acre 25 guntas of Kadubeesana Halli Village Bengaluru East Taluk. The petitioner also seeks a declaration that Notification dated 25.4.2005 and 05.08.2005 issued by respondent No.1 have lapsed on account of non implementation of the project in view of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioner has also assailed the vires of Section 28(5) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'the Act' for short), which provides for vesting of the land free from all encumbrances on the date of publication in the official gazette as ultra vires to Article 300-A and Article 19 of the Constitution of India.

(3.) Facts giving rise to filing of the writ petition briefly stated are that land measuring 2 acres 22 guntas forming part of Sy.No.3/1 situate at Kadubeesana Halli, Bengaluru East Taluk is the ancestral property of the grand father of the petitioner viz., Chikkakrishnappa. It is averred in the writ petition that on the death of the grand father of the petitioner in a family partition, land measuring 1 acres 25 guntas situated at Kadubeesana Halli has been allotted to the share of the father of the petitioner. The name of the father of the petitioner was entered in the revenue records. After the death of the father of the petitioner on 01.05.1999, the petitioner's name has been entered in the revenue records in respect of the land in question. The petitioner claims to be in possession of the aforesaid land. It is also averred in the writ petition that the petitioner has constructed a residential house and seven shops of the property in question.