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2021 Supreme(Kar) 314

P.S.DINESH KUMAR
JINDAL ALUMINUM LTD – Appellant
Versus
GOVERNMENT OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRY VIDHANA SOUDHA BENGALURU – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SHRI. UDAYA HOLLA, SENIOR ADVOCATE FOR SHRI. GANAPATI HEGDE NARAYAN, ADVOCATE
For the Respondent:SHRI. H.K. BASAVARAJ, SHRI. ASHOK HARANAHALLI, SENIOR ADVOCATE FOR SHRI. P.V. CHANDRA SHEKAR, SHRI. S.S. NAGANAND, SENIOR ADVOCATE FOR SHRI. K. KRISHNA, ADVOCATE

ORDER :

Jindal Alluminium Ltd., and M/s. Prestige South City holdings have jointly presented this writ petition with a prayer inter alia to:

    • Quash three impugned notifications dated 30.06.2020 issued under Section 1(3), Section 3(1), and Section 28(1) of the Karnataka Industrial Area Development Act, 1966['KIAD Act' for short]; and

• Notification dated 05.09.2020 issued under Section 28(4) of the Karnataka Industrial Area Development Act, 1966, all issued by Respondent No.1 (vide Annexure A, B, C and W respectively).

2. Summary of facts averred in the writ petition and submissions of Shri. Uday Holla, learned Senior Advocate are:

    • First petitioner is the absolute owner of land measuring 33 acres 25 guntas in Sy. Nos. 29/2, 28/4, 31/1, 31/2, 36/1, 32/1 and 32/2 of Chikkabidarakallu Village, Dasanapura Hobli, Bangalore North Taluk and site bearing No.332 measuring East to West 40 feet, North to South 62 feet on the eastern side and 63 feet on the western side in Ravi Kirloskar Layout;

• During 2016, petitioners have entered into a Joint Development Agreement to develop the land and to construct residential flats. Second petitioner has spent about Rs.540 Crores for the development of th

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