1. All the petitioners are owners of agricultural lands comprised in different survey numbers situated in Amani Belandur Khane Village, Varthur Hobli, Bengaluru East Taluk. By preliminary notification dated 06.02.2006 published in the Karnataka Gazette dated 08.02.2006, the lands in question were proposed to be acquired under Section 28(1) of the Karnataka Industrial Area Development Act, 1966 (for short, ‘the KIAD Act’) for establishing and developing industries by the Karnataka Industrial Area Development Board (for short, ‘KIADB’). This was preceded by declaration of industrial area made under Section 3(1) of the KIAD Act. It is urged by the petitioners that by virtue of the action of the Bengaluru Development Authority (for short, ‘BDA’), which is the planning authority for approving a comprehensive development plan for the city of Bengaluru, particularly the publication of the revised Master Plan, 2015 showing land use for each parcel of lands within the planning area, lands belonging to the petitioners have been classified as residential. It is also urged by them that as KIADB did not proceed with the acquisition for a long time petitioners were under bona-fide belief that the proposed acquisition had been given up. It is also further urged that when petitioner No.1 desired to sell his land comprised in Sy.No.371/1 and as the purchasers wanted certificate disclosing non-acquisition of land, petitioner No.1 sought for such a certificate whereupon the officers of KIADB disclosed on 19.09.2014 that the lands were under acquisition hence they could not issue any no objection certificate and they were also shown final notification dated 17.12.2007 issued by the State Government as per Annexure-F. It is only thereafter, by obtaining further details as regards the acquisition proceedings, they could approach this court challenging the acquisition. Thus the petitioners have challenged the acquisition of their land.

2. Petitioners have contended that they were not issued with any notice of the proposed acquisition of the lands of petitioners for setting up sewage treatment plant by Bengaluru Water Supply and Sewage Board (for short ‘BWSSB’) – respondent No.4 herein. They have urged that petitioners were completely kept in dark about the said proceedings and all further proceedings pursuant to the final notification. They have also urged that notices pertaining to the award was not issued to them, nor the amount of compensation was paid or deposited. Petitioners have produced a copy of RTI application submitted to the Special Land Acquisition Officer, KIADB and the reply given by the KIADB at Annexures- G and G1 respectively showing that admittedly the compensation amount was neither paid, nor deposited. Petitioners have also contended that in all the revenue records in respect of lands in question, names of the petitioners were shown as owners and they have been in possession and enjoyment of the properties. They have further contended that mahazar drawn allegedly taking over possession of lands is a created one wherein false statements have been made stating that villagers have refused to sign the mahazar.

3. Petitioners have urged that in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘the new Act’) entire acquisition proceedings stand lapsed as no compensation was paid, nor possession was taken even though period of 5 years and more had lapsed after passing of the award as on the date of commencement of the new Act. It is also urged by the petitioners that the new Act applied to acquisition of the land for various public sector undertakings for public purpose including for various infrastructural projects and also for water harvesting and water conservation structures and sanitation. Therefore, as the lands of the petitioners have been acquired for public purpose for the benefit of BWSSB – respondent No.4 herein to set up a sewage treatme