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2006 Supreme(Kar) 83

2006(3) Kar. L.J. 24
In The High Court Of Karnataka At Bangalore
V. Gopala Gowda, J.
H.G. Sheela
V
State Of Karnataka And Others
Writ Petition No. 4148 of 2005 (LA-KIADB) connected with Writ Petition Nos. 1058 and 1393 of 2005.
24th January, 2006

Advocates appeared
Sri Steevatsa Associates, Advocates for Petitioner in W.P. No. 4148 of 2005;
Sri G. Krishna Murthy, Advocate for Petitioners in W.P. No. 1058 of 2005;
Sri S. Vijaya Shankar, Senior Counsel for Sri M.V. Vedachala, Advocate for Petitioners in W.P. No. 1393 of 2005;
Sri R.K. Hatti, High Court Government Pleader for Respondent-1 in W.P. No. 1393 of 2005 and for Respondents-1 and 4 in W.P. Nos. 4148 and 1058 of 2005;
Sri R.N. Narasimha Murthy, Senior Counsel for Sri S.T. Mahesh, Advocate for Caveator-Respondent - 2 in W.P. Nos. 4148 and 1393 of 2005 and for CaveatorRespondents-2 and 3 in W.P. No. 1058 of 2005;
Sri Jayakumar S. Patil, Senior Counsel for Smt. H.C. Kavitha, Advocate for Respondent-3 in W.P. No. 4148 of 2005;
Sri Vijayakumar A. Patil, Advocate for Respondent-3 in W.P. No. 13930f2005.

ORDER

By consent of the learned Counsels for the parties these writ petitions were heard together and disposed of by this common order as the lands involved are same and common questions of fact and law are involved.

2. By a Notification dated 27-1-2004 issued under Section 3(1) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'the Act'), produced as Annexure-H in W.P. No. 4148 of 2005 and Annexure-A in W.P. No. 1393 of 2005, the State Government declared the following lands of Mahadevapura Village, K.R. Puram Hobli, Bangalore South Taluk as "Industrial Area".-

Sl. Nos. Sy. Nos. Extent

02. 110 03-15

03. 112 03-38

04. 113: 1 00-07

05. 113:2 00-07

05. 113:3 01-02

06. 113:4 00-23

07. 114 01-25

08. 115 01-35

09. 116 01-14

10. 126 01-20

11. 127 00-20

Pursuant to such declaration, Notification dated 4-12-2004, produced as Annexure-B in W.P. No. 4148 of 2005 and Annexure-C in W.P. No. 1393 of 2005, was issued under Section 28(4) of the Act proposing to acquire the said lands in favour of respondent 3 in W.P. No. 4148 of 2005 S.B.G. SOFTWARE Private Limited (hereinafter referred to as "3rd respondent-Company"). The petitioners in the two writ petitions, who are the owners of the lands mentioned in the aforesaid writ petitions, are seeking to quash the aforesaid two notifications. In addition to that, the petitioner in W.P. No. 4148 of 2005 is seeking to quash the notice at Annexures-Q and R, dated 7-12-2004 issued under Section 28(6) of the Act asking to handover possession of the lands. Further, the petitioner in W.P. No. 1393 of2005 is also seeking (i) to declare the proceedings at Annexure-D of 235th Meeting of the State Level Single Window Agency dated 15-11-2003 on Subject No. 10 as illegal only insofar as it pertains to 3rd respondent; (ii) to declare Section 3(1) of the Act as illegal; and (iii) to direct the State Government to conduct enquiry against the officers of Karnataka Industrial Areas Development Board (hereinafter referred to as 'the KIADB').

3. So far as the petitioners in W.P. No. 1058 of 2005 are concerned, the first petitioner is a company registered under the provisions of the Companies Act, 1956 and the 2nd petitioner is one of the promoters of first petitioner-Company. He acquired the lands mentioned in Annexure-A. The Company formulated a Scheme to establish a Software Technology Park, for which the 2nd petitioner offered his lands. The total extent of land of these petitioners is 36-08 acres but the relief is confined only to an extent of 1-14 acres of land in Sy. No. 116 of Mahadeuapura Village. The prayer made in their writ petition is to quash the order at Annexure-P, dated 8-3-2004 passed by the 2nd respondent-Special Land Acquisition Officer rejecting the objections filed to the acquisition of the lands and directing to issue Notification under Section 28(4) of the Act. The further prayer is to quash the consequential Notification issued at Annexure-Q, dated 4-12-2004 only insofar as it relates to the aforementioned extent. Annexure-G is the Project Report of these petitioners and the same is approved by the Government under Annexure-J, dated 2-7-2003. As per Annexure-K, dated 12-11-2004 the Bangalore Development Authority has recommended for change of land use. The project plan is produced as Annexure-M. In paragraph 8 of the writ petition the petitioners have highlighted their project as hereunder:

"8. The petitioners submit that the State High Level Committee has agreed to provide infrastructural facilities on concession under certain terms and conditions. The BESCOM has agreed to provide 20,000 KV A power supply to the petitioner subject complying with the provisions of KERC Code. Under the provisions of Karnataka Electricity Regulatory Commission (Electricity Supply and Distribution) Code, 2000-01, as amended by Order No. KPTCUB11/3014(3)2001-02 under Chapter III, under SYSTEM AND CLASSIFICATION OF SUPPLY, alte




































































































































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