JUDGMENT:

HARJIT SINGH BEDI, J.

1. Leave granted.

2. This appeal arises out of the following facts.

3. The 3rd respondent, the Karnataka Industrial Area Development Board (hereinafter called the 'Board') issued a Notification dated 6th April 2004 under Section 28(1) of the Karnataka Industrial Area Development Board Act, 1966 (for short the 'Act') proposing acquisition of land bearing serial Nos. 114,115 and 116 in village Kannamangala for the purpose of constructing a trumpet interchange and access road from National Highway No. 7 to the Bangalore Airport. This land was notified for acquisition on the basis of a comprehensive feasibility report submitted by the Technical Consultant for the project, Sikon Private Ltd. The Karnataka State Industrial Investment and Development Corporation (for short "KSIIDC") in the meantime proposed a change in the location of the trumpet interchange and the access road on the ground that only 53 Acres of land needed for these two projects whereas the Notification was dated 6th April 2004 pertaining to 80 acres and 27 gunthas was far in excess of the requirement and therefore suggested reconsideration of the matter. Vide letter dated 24th August 2004 the Bangalore Airport Ltd. informed the KSIIDC that the proposed location of the trumpet interchange and the access road was final and that there was no reason to make a change in their alignment. Notwithstanding the aforesaid communication the Board issued a fresh Notification under section 28(1) of the Act on 5th December 2005 releasing the land proposed to be acquired by the earlier Notification dated 6th April, 2004, and proposing acquisition of the land bearing serial Nos.118-119. The appellants who had in the meanwhile purchased the aforesaid land vide two Registered Sale Deeds dated 23rd and 26th November 2005 appeared in the enquiry under Section 28(3) of the Act before the second respondent i.e. the Special Land Acquisition Officer and submitted their objections, inter-alia, pointing out that the land now notified for acquisition had been converted to non-agricultural use by orders of the Revenue Authorities and that they proposed to put up a commercial complex at that place. They also pointed out that that there were other alternative Government lands available for construction of the trumpet interchange and access road which could be utilized thus sparing the lands of the appellants from acquisition. The second respondent, however, overruled the objections on various grounds particularly highlighting that the change had been necessitated as the earlier proposal had not been found to be technically sound. The Board also issued a notification dated 3rd June 2006 under section 28(4) of the Act acquiring the land belonging to the appellants. The appellants thereupon filed a writ petition challenging the acquisition primarily on the ground that a large chunk of Government land was available which could be utilized and that the acquisition of private land was therefore not justified. It was also pleaded that the second respondent had not given a personal hearing to the appellants as envisaged under section 28(3) of the Act and that the reports submitted by the said respondent to the State Government did not adequately meet the issue raised before him. It was also submitted that the acquisition was motivated by malafides as there were no sound and technical reasons for the sudden change in the alignment that was now proposed. The learned Single Judge in his judgment and order of 9th August 2007 found that the allegations of malafide had not been made out and the contention that the personal hearing envisaged under section 28(3) of the Act had not been given also deserved to be rejected. The learned Judge also opined that the change had been necessitated on account of technical reasons and having held as above, dismissed the writ petition. The matter was then taken in appeal before the Division Bench. Similar arguments were raised before the Bench w