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2015 Supreme(Kar) 1172

RAM MOHAN REDDY
Rathnamma – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Neeraja Karanth for K. Shrihari, Advocate
For the Respondents:K. Vidyavati, Additional Government Advocate and P.V. Chandrashekar, Advocate

ORDER :

Ram Mohan Reddy, J.

1. Land measuring 2 acres 2 guntas in Sy. No. 43/1 and 2 acres in Sy. No. 43/2 of Jakkasandra Village, Kasaba Hobli, Malur Taluk, Kolar District, belonging to the petitioner when proposed for acquisition by the State Government in the preliminary notification dated 13-3-2012 under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'KIAD Act, 1966' for brevity) followed by the final notification dated 4-12-2012 under Section 28(4) of the KIAD Act, 1966, has presented this petition, to quash the said notifications on the premise that:

"(i) petitioner obtained permission to divert use of the said lands from agriculture to non-agriculture residential purpose, by an order of the Deputy Commissioner under Section 95 of the Karnataka Land Revenue Act, 1964;

(ii) paid the conversion fee to the State Government;

(iii) obtained a sanction of the layout plan from the Urban Development Authority, under the Karnataka Town and Country Planning Act, 1961 and paid development charges; and

(iv) formed the layout of residential sites."

According to the learned Counsel, petitioner when permitted and sanction accorded by the authoriti






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