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2007 Supreme(Kar) 720

S.R.BANNURMATH, A.S.BOPANNA
SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, BANGALORE – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates appeared
Sri S.T. Mahesh, Advocate for Appellants in W.A. No. 288 of 200G and for Respondents-2 and 3 in W.A. No. 289 of 2006.
Smt. Kavitha H.C., Advocate for Appellant in W.A. No. 289 of 2006 and for Respondent-2 in W.A. No. 288 of 2006.
Smt. Vidhya, Government Advocate for Respondents- 1 and 4 in W.A. No. 288 of 2006 and for Respondents-1 and 5 in W.A. No. 289 of 2006.
M/s. Sreevatsa Associates. Advocates for Respondent-:3 in W.A. No. 288 of 2006 and for Respondent-4 in W.A. No. 289 of 2006;
Sri G. Krishnamurthy, Advocate for Respondents-5 and 6 in W.A. No. 288 of 2006 and for Respondents- 6 and 7 in W.A. No. 289 of 2006;
Sri J. Prashanth, Advocate for Respondent-7 in W.A. No. 288 of 2006;
M/s. Lex firm, Advocates for Respondents-8 to 14 in W.A. No. 289 of 2006;
Respondents-8, 9, 14, 16 and 18 are served through paper publication but unrepresented in W.A. No. 288 of 2006.
Sri M.Y. Vedhachala, Advocate for Respondents-10, 11, 12, 13, 15, 17 and 19 in W.A. No. 288 of 2006;
Respondents- 14 to 17 are served through paper publication in W.A. No. 289 of 2006.
Respondents-18 to 20 are served in W.A. No. 289 of 2006.

JUDGMENT (S.R. Bannurmath, J.)

The appellants in W.A. No. 288 of 2006 were respondents 2 and 4 in W.P. No. 4148 of 2005, respondents 2 and 3 in W.P. No. 1058 of 2005 and respondent 2 in W.P. No. 1393 of 2005. The appellant in W.A. No. 289 of 2006 was respondent 3 in W.P. No. 4148 of 2005 and W.P. No. 1393 of 2005. The petitioners in the said writ petitions had questioned the notification dated 27-1-2004 issued under Section 3(1) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as the 'KIADB Act' for short) whereunder the lands in Sy. Nos. 110 (3 acres 15 guntas), 112 (3 acres 38 guntas), 113/1 (00-07 guntas), 113/2 (00-07 guntas), 113/3 (1 acre 2 guntas), 113/4 (00-23 guntas), 114 (1 acre 25 guntas), 115 (1 acre 35 guntas), 116 (1 acre 14 guntas), 126 (1 acre 20 guntas) and 127 (00-20 guntas), situate at Mahadevapura Village, K.R. Puram Hobli, Bangalore South Taluk, were declared as Industrial Area. Further, the notification dated 4-12-2004 issued under Section 28(4) and the notices under Section 28(6) of the KIADB Act were also questioned and consequential relief was also sought. The learned Single Judge on considering the rival contentions has allow









































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