KEMPAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have challenged the notification dated 15.05.2007 as well as the notification dated 26.03.2008, issued by respondent No.1 under the provisions of Karnataka Industrial Area Development Act, 1966 (hereafter referred to as 'the KIAD Act' for short).

(2.) The petitioners are claiming to be the absolute owners of all the piece and parcel of the land bearing survey No.117/2 measuring 32 guntas in Kengeri village, Kengeri Hobli, Bengaluru South Taluk, Bengaluru district. It is contended that originally the land bearing survey No.117/2 totally measuring 2 acres 32 guntas belonged to one Sri Dasappa, after his demise, the petitioners being the legal heirs succeeded to the said property. Out of the 2 acres 32 guntas of land, 2 acres of land was alienated under the registered sale deed dated 30.03.2007 in favour of M/s.Good Earth Estates and the balance 32 guntas of land has been retained by the petitioners for the benefit of the members of their family.

(3.) Sri S.K.V. Chalapathy, learned senior counsel for Sri V. Sanjay Krishna, learned counsel appearing for the petitioners submitted that the notification under Sections 3(1) and 1(3) of the KIAD Act was issued on 15.05.2007 and published in the Karnataka Gazette on 17.05.2007 notifying an extent of 26 acres 8 guntas of land in Kengeri and Doddabele villages out of the total extent of the 29 acres for the purpose of establishment of industries. No preliminary notification under Sec. 28 (1) of the said Act was issued with regard to the land in survey No.117/2, a portion of which is described herein or in other words, the said notification related only to the lands in survey Nos.118, 119/1, 119/2 of Kengeri Village and survey No.8/1 of Doddabele village. Survey No.117/2 was not included. However on misconception, objections were filed by petitioner No.1 - the Kathedar on 13.07.2007 on the advice given by the officials of the second respondent. Respondent Nos.1 to 3 have issued the preliminary notification under Sec. 28(1) of the KIAD Act in respect of the survey No.117/2 measuring 2 acres 32 guntas on 26.03.2008. However, the final notification dated 26.03.2008 was issued in respect of 26 acres 8 guntas. Again the notification under Sec. 21 of the General Clauses Act, 1897 was issued on 10.11.2008, notifying that the earlier notification issued under Sec. 4 of the KIAD Act is rescinded or dropped in respect of the lands measuring 26 acres 8 guntas, out of total extent of 29 acres. Surprisingly, respondent Nos.1 to 3 issued another notification dated 19.08.2009, under Sec. 21 of the General Clauses Act, 1897 to the effect that the entire notification under Sec. 4 dated 10.11.2008, is ordered to be rescinded.