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2009 Supreme(Kar) 356
IN THE HIGH COURT OF KARNATAKA
THE HONOURABLE MR. JUSTICE MOHAN SHANTANAGOUDAR
Zakirunnissa & Others
Versus
State of Karnataka Rep. by its Secretary Commerce & Industries Department & Others
Writ Petition No.14296 of 2008 (LA-KIADB)
Decided on 11-06-2009
For the Petitioner:Vardhaman V. Gunjal, Advocate.
For the Respondents:R1, Udaya Holla, Advocate General, along with Keshava Reddy, GA., R2 & R3, Jayakumar S. Patil, Senior Counsel for P.V. Chandrashekar, R4, Udaya Holla, Sr. Advocate for AAREN Associates, R6 & R9, Ashok Harnahalli, R8, Gangadhar Sangolli, R9, Shwetha Anand, Advocates.
Headnote:KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966 - Sections 2 & 28: [Mohan Shantanagoudar, J] Applicability of Act-Acquisition proceedings - Properties acquired for locating Metro Railway station - Held, Section 2(7-a) of the Act deals with the definition of "industrial infrastructural facilities." Said definition clearly reveals that the industrial infrastructural facilities would mean facilities which contribute to development of industries established in industrial area such as research and development, communication, transport, Banking, Marketing. Technology parks and Townships for purpose of establishing trade and tourism center etc., Thus, it is clear that transport is one of industrial infrastructural facility. Such a facility is being provided to industrial workers, employees, officers and general public by implementing Metro Rail project. As Bangalore is a hub of Information Technology lakhs of workers have indulged in Business Process Outsourcing. They work day and night in shifts. Their problems of transportation will be solved when project is completed. Thus, it cannot be said that provisions of the Act are not applicable. Moreover, the metro rail which runs across Bangalore city will necessarily solve the problem relating to travel of industrial workers and other people at large in the city of Bangalore form place. Also project will assist employees and workers who work during night hours. Load or traffic on roads will be reduced to a considerable extent. Hence setting up of a metro rail project, including setting up of metro railway station amounts to setting up of an industry thus acquisition of land for purpose of establishing metro railway station is within purview of the Act.
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966 - Section 28: [Mohan Shantanagoudar, J] Acquisition proceedings - Notice issued pursuant to final notification challenged - Held, Once properties are vested in State, State has right to demand possession from erstwhile owner. Since neither preliminary nor final notification was challenged, Notice cannot be quashed.
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966 - Section 28: [Mohan Shantanagoudar, J] Acquisition proceedings - Properties acquired for establishing metro to railway station - Action of authorities shifting place earmarked earlier to place wherein properties of petitioners-situated - Alleged to be mala fide to save properties of certain wealthy influential persons - However said shifting done after taking into consideration various aspects - Held, It cannot be tainted with mala fides. Also court cannot interfere in policy decision of Government.
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966 - Section 28: [Mohan Shantanagoudar,J] Acquisition proceedings - Properties acquired for establishing metro to railway station - Petitioner alleging that metro railway ought to have established underground and establishing such project above grounds may resulting sound and air pollution and vibrations - According to authorities metro rail would run with help of electricity which would not result in pollution and no vibration would cause. Also there are Pollution Control Boards and other authorities to monitor and control pollution if any, caused by metro rail. Question whether metro rail should be under ground or not is a policy decision abased on technical expertise. Court cannot interfere in such policy decision.
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966 - Section 28: [Mohan Shantanagoudar, J] Acquisition proceedings -Properties acquired for establishing metro railway station - Challenged on ground that design or railway station was not ready on day of acquisition - Held, Once acquisition process is complete, Design will be made ready. Nobody could insist Government or other authorities to prepare design within particular time limit.
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966 - Section 28: [Mohan Shantanagoudar,J] Acquisition proceedings - Suitability of land -Land acquired for establishing metro railway station - Petitioner alleging that alternative land belonging to State Government is available near to acquired place would be suitable for said project - held, It is for concerned authority to decide suitability of place. Court cannot render technical advice and direct State Government or other authorities to establish railway station in any particular place.
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966 - Section 28: [Mohan Shantanagoudar,J] Acquisition proceedings - Final notification -Challenged on ground that objections filed by petitioner were not duly considered -However, as per acquiring authorities and records maintained by Development Board shows that objections were duly considered and after rejecting objections final notification issued - Held, Allegation that objections were not considered is not tenable.
MYSORE TRAMWAYS ACT, 1906 - Sections 47A & 3(6): [Mohan Shantanagoudar,J] Applicability of Act - Acquisition proceedings under Act - Land acquired for setting up metro railway station - held, State Government is empowered to construct tramway within any area to be worked by steam or electrical power. Tramway means and includes tramway station also as specified under Section 3(5) of the Act. It cannot be said metro rail cannot be established under provisions of said Act.
(This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to quash Annexure-F the Notification dated 17.1.2006 issued by the R3 and Annexure-G and G1 & G2 dated 15.5.2008 issued by R1 and R2 for and on behalf of R1 and R3 in so far petitioners properties are concerned and the acquisition of such properties which if acquired affects the petitioner rights by issuing a writ of certiorari.)
Petitioners have questioned the Notification vide Annexure-“F” dated 17.1.2009 issued by the 3rd respondent-The Special Land Acquisition Officer under Section 3(1) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as KIAD Act for short), as also the notices issued under Section 28(6) of the KIAD Act vide Annexures ‘G-1’ and ‘G-2’ dated 15.5.2008, calling upon the petitioners to hand over the possession of the acquired properties. The petitioners have also prayed in the writ petition that the South End Metro Railway Station may be located in Survey No.6/1 and 6/2 of Dasarahalli (Jayanagar Extension). Alternatively, it is prayed that a direction be issued to the respondents to construct the South End Metro Railway Station as per the original approved design and alignment vide proceedings at Annexure-‘A’ on the property earlier earmarked for South End Metro Railway Station.
2. The averments in the writ petition disclose that the petitioners herein are the owners of (a) C.T.S.No. 2458, B.B.M.P. Khata No.16, Corporation Ward No.50, V.V. Puram, Bangalore, East-West measuring 12.30 x 12.35 sq.mtrs. and North-South measuring 15.90 x 15.90 sq.mtrs, and (b) C.T.S.No831, B.B.M.P. Khata No.75/2, Corporation Ward No.50, V.V. Puram, Bangalore, East-West measuring 9.90 x 9.90 sq.mtrs. and North-South measuring 12.50 12.60 sq.mtrs. The aforesaid two properties are some of the properties which are sought to be acquired for the purpose of mega project called “Bangalore Metro Rail Project”, along with other adjoining properties. The petition properties and the adjoining properties are being acquired for locating South End Metro Railway Station. According to the petitioners, the report of the proceedings of Government of Karnataka dated 28.2.2004 vide Annexure-‘A’ fixes the place wherein the South End Metro Railway Station is to be established; the properties at SI.Nos.59, 60, 61 and 62 found in Annexure-‘A’ are the places earmarked earlier for establishing the South End Metro Railway Station and those properties do not include the petition properties. Later, at the behest of the owners of those properties and the Chief Secretary of the Government of Karnataka, the South End Metro Railway Station is now being shifted about 200 meters away from the earlier place, north side. According to the petitioners, there is no application of mind on the part of respondents 1 to 4 while preparing the report pertaining to Bangalore Metro Rail project; that while preparing the project report, the authorities have copied certain ingredients from other projects; and that the Mysore Tramways Act, 1996 cannot be made use of for establishing the Bangalore Metro Railway Station or to the acquisition of the land for establishing railway station; that the metro railways to be established by the respondents 1 to 4 under the provisions of Mysore Tramways Act, 1906, is improper, that the project in question will result in sound pollution and will generate lot of dust and vibration in the adjoining areas; that the metro rail project could have been established wholly underground and not above the ground as is being done for the present; that the South End Metro Railway Station is badly planned, inasmuch as, there are hospitals, schools, markets, commercial buildings etc., in the nearby vicinity and consequently, people are put to greater hardship; that there will be no place for parking of the vehicles, in case, if the station is established in the present location; that the State Government’s property is vacant and
