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2009 Supreme(Kar) 253

ASHOK B.HINCHIGERI
Poojari Peddanna – Appellant
Versus
State of Karnataka, Rep by its Secretary, Department of Industry and Commerce – Respondent


Advocates appeared:
For the Petitioner:H. Mohan Kumar, Navkesh Batra, M/s. Nandi Law Chambers, K. Subramanyam, EN. Venkat Reddy, Advocates. For the Respondents:R1, Devdas, AGA, R2, Basavaraj V. Sabrad, R3, S. Shekar Shelly, R4, M/s Lexplexus, R5 & R6, T.I. Abdulla, R4 to R6, Jayakumar S Patil, Advocates.

JUDGMENT :-

Ashok B. Hinchigeri, J.

The acquisition of land vide preliminary Notification, dated 2nd June, 2006 and final Notification (declaration), dated 16th August, 2006 under Karnataka Industrial Areas Development Act, 1966 (hereinafter called `the KIAD Act' for short) is being assailed in these three petitions. The land in question measures 1 acre 35 guntas at Survey No.41 of Kadubisanahalli Village, Varthur Hobli, Bangalore East Taluk. The acquisition of the said land is for the benefit of the third respondent.

2. Sri Navkesh Batra, the learned Counsel for the petitioner in W.P.No.15716/06 has urged the following contentions:

(i) There is no valid Notification for bringing Chapter VII of the KIAD Act into force. In the absence of the Notification under Section 1(3) of KIAD Act, resorting to the acquisition proceedings under Section 28 of KIAD Act is bad in law.

(ii)(a) The acquisition of land under the KIAD Act is always for the purpose of establishing an industrial area or estate or for creating an amenity or the industrial infrastructure in the industrial estate to be established. In the instant case, admittedly, the land in question is acquired for housing P.G Block, Elect

















































































































































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