Subhash B. Adi, J. In this Writ Petition, petitioners have questioned the Notification dated 21.5.1998 produced at Annexure- `F1' issued under Section 28(1) of the Karnataka Industrial Area Development Act, (hereinafter referred to as the Act') and Notification dated 9.10.2006 produced at Annexure 'K' issued under Section 28(4) of the Act, and for restraining respondents No.5 and 6 from setting up of ash pond in the petitioners land and further to conduct the study on the impact of dumping ash and for injunction restraining respondents No.1, 2 to 4 from taking possession.

2. Respondent No.1- State initiated acquisition proceedings for the benefit of respondent No.3 through respondents No.2 and 4. Respondent No.3 has proposed to establish a Coal Thermal Power Project in State of Karnataka and in this regard the State has sought to acquire lands for the said purpose. In this Writ Petition, the lands sought to be acquired is for formation of ash pond.

3. Though initially under the preliminary notification issued under Section 28(1) of the KIDB Act, land measuring 509 acres and 76 cents was proposed, however, by the final notification under Section 28(4) of the Act, the acquisition was confined only to the extent of 132 acres 36 cents.

4. The Writ Petition was opposed by respondent No.3 by filing statement of objection. Respondent No.3 contended that, it is a company registered under the provisions of Companies Act. Central Government in XI Five Year Plan considered commissioning of power project to achieve energy. 3rd respondent Company will supply power at a very competent tariff which would help the consumers in the State and other places and will assured good quality of power at low cost. The proposal of the Thermal Power Project was considered by the Central Government. The proposed project involves establishing, operating and maintaining of 1015 MW Thermal Power Project at Yellur, Santhur, Thenka villages of Udupi District. It involves investment of an amount of Rs.35,000/-crores. The establishment of the project is done with utmost care for the environment and it is a environment friendly project.

5. On detailed consideration, Central Government and State Government have accorded approval of the project. In this regard, respondent No.3 approached various statutory authorities for necessary permissions and sanctions, and authorities have sanctioned the permission, such as, Environment, clearance from Government of India, Ministry of Environment and Forest, Government of India, State Pollution Control Board etc.

6. State Government clearance dated 27.8.2001 was challenged before this Court and this Court in a judgment which is reported in ILR 2002 Kar. 1715 directed the State Government to reconsider the matter meaningfully. State Government on reconsideration of the entire matter has granted permission on 16.2.2004.

7. It is further stated that, as regards to the compensation, Land Price Advisory Committee has been constituted by the State Government to fix the price of the land. The said committee consists of land owners, representatives from the Karnataka Industrial Area Development Board, the District Administration namely the Deputy Commissioner, Tahasildar and the Revenue Officer and the representative of the 3rd respondent. The said Committee in its meeting held on 31.1.2007 has fixed the land value at Rs.6 lakhs per acre. It is also stated that, company has invested 538 crores on the project and 187 crores have been spent on various other activities till March 2007 and in all Company had spent Rs.725 crores till then. It is also stated that, earlier lands were earmarked for power project for the N.T.P. C. for production of 2420 MW thermal power plant. The said plant could not come up due to disintegration of the earlier Soviet, Russia-USSR, half of the land was given to the 1000 MW Mangalore Power Project (Cogentrix) and balance half of the Northern side of Konkan Railway was given to the 3' respondent, the