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2017 Supreme(SC) 85

A.K.SIKRI, R.K.AGRAWAL
SPECIAL LAND ACQUISITION OFFICER, KIADB, MYSORE – Appellant
Versus
ANASUYA BAI (D) BY LRS. – Respondent


Advocates Appeared:
For the Appellants :S.J. Amith, Dr. (Mrs.) Vipin Gupta, Advocates.
For the Respondents:Manjunath Meled, Ms. Vijayalaxmi, Anil Kumar, Ms. Anitha Shenoy, Advocates.

JUDGMENT

A.K. Sikri, J.

The question of law that has been raised in this appeal by the appellants, for consideration by this Court, is:

Whether provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (for short, "New LA Act"), are applicable in the instant case when the land is acquired under the provisions of KIAD Act?

2. Factual narration that is required to be noted, giving rise to the aforesaid question of law, is stated hereinbelow:

Respondents is the owner of land bearing Sy. No. 123/1 measuring 4 acres 9 guntas and Sy. No. 123/2 measuring 1 acre situated at Anganahalli Village, Belagola Hobli, Srirangapatna Taluk, Madhya District, Karnataka.

3. The appellants issued a preliminary notification under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as "KIAD Act") as it wanted to acquire certain lands, including that of the respondents for the purpose of developing the said lands as an Industrial Area and the same was published in the Karnataka Gazette on 15th September, 2000.

4. After issuing the necessary notices and following the procedure prescribed under the KIAD Act,




































































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