R UMASHANKAR Vs. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD

JUDGEMENT

(1.) The petitioner has challenged the preliminary notification dated 22.07.2006 and the final declaration dated 23.09.2015 at Annexures-B and P respectively insofar as it relates to acquisition of the petitioner's land bearing Sy.No.113 measuring 2 acres 39 guntas, Sy.No.114 measuring 1 acre 04 guntas and Sy.No.117 measuring 4 acres in admeasuring 8 acres 03 guntas situated at Medamaranahalli village, Harohalli Hobli, Kanakapura Taluk, Ramanagara District inter alia challenging the order dated 30.07.2014 passed by the respondent No.2 in respect of the aforesaid lands at Annexure-N whereby an order has been passed under section 28[3] of the Karnataka Industrial Area Development Act, 1966 ['KIAD Act' for short].

(2.) The petitioner is claiming to be the absolute owner of the lands mentioned aforesaid. It transpires that the notification under Section 28[1] of the Act was issued notifying the said lands for acquisition with other lands on 22.07.2006. Final declaration was issued under Section 28[4] of the Act on 31.01.2007. The petitioner had filed W.P.No.14265/2008 questioning the land acquisition proceedings before this Court. The learned Single Judge dismissed the petition. However, on appeal filed by the petitioner in W.A.No.17176/2011, the Division Bench of this Court was pleased to allow the appeal with a direction to the respondents to consider the case along with the other connected matters in order to find out whether the petitioner's land is also fully developed and construction activities has not been placed or not. KIADB was directed to pass similar order, in the present petitioner's case also considering the case of this petitioner.

(3.) In pursuance to the orders passed in W.A.No.17176/2011 the respondent No.2 has issued notice to the petitioner to file objections, if any. The petitioners have filed detailed objections. The respondent No.2 has passed the order under Section 28 of the Act deciding to acquire the present lands pursuant to which the respondent No.3 has issued final notification dated 23.09.2015 and further the respondent No.2 has issued notice dated 05.11.2015 to handover possession of the lands in question. Being aggrieved by the same, the petitioner is before this Court.