2019 Supreme(Kar) 1711

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B.V.NAGARATHNA, J.
Mrs. Premakala Prabhakara Reddy W/o. Mr.M. Prabhakara Reddy – Appellant
Versus
State of Karnataka – Respondent
Writ Petition No.23812 of 2016 & Writ Petition Nos.32798-32816 of 2016 (LA-KIADB)
Decided on : 07-03-2019

Headnote:

Karnataka Industrial Areas Development Act, 1966 - Section 28(1) and 3(1) and 3(2) - Interim order of status quo - Acquisition of land – Land acquired for purpose of Water Supply & Sewerage Board - Seeking vacating interim order of status quo granted and thereafter extended on subsequent days, with consent of the learned counsel on both sides they are heard finally - Whether petitioners who are subsequent purchasers are entitled to seek a declaration that on account of non-passing of the awards in respect of lands in question, acquisition has lapsed - If answer to point No.1 is in the affirmative whether the petitioners are entitled to such a declaration - First respondent-State published a notification under Sections 3(1) and 3(2) of the KIAD Act, declaring 35 acres and 02 guntas of land as an industrial area. - Held, There is no declaration sought under Section 24(2) of 2013 Act in the instant case. Hence, point No.1 is answered in favour of petitioners and it is held that these writ petitions are maintainable – It is clear if a period is prescribed under the Act for issue of a final declaration as well as for passing of award, if final declaration is not issued and award is not passed within stipulated period, the entire acquisition lapses, unless it is shown by virtue of any order of stay or injunction issued by any Court, authorities were precluded from completing acquisition proceedings – It is necessary to consider factual matrix in instant case and analyze as to why award was not passed till filing of these writ petitions. Although I have adverted to the filing of the earlier cases by petitioners before this Court as well as Hon’ble Supreme Court, it is necessary to recount the same - Court and orders of status quo granted by the Hon’ble Supreme Court till the dismissal of S.L.P. there was no way in which respondent Nos.2 and 3 could have passed any award in respect of the lands in question - it is held that the petitioners are not entitled to any such declaration as sought for by them - Writ petitions dismissed.