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2021 Supreme(Kar) 337

ALOK ARADHE, HEMANT CHANDANGOUDAR
S. JALAJA W/O N. MALLIKARJUNAIAH – Appellant
Versus
UNION OF INDIA MINISTRY OF RURAL DEVELOPMENT GOVERNMENT OF INDIA KRISHI BHAVAN DR. RAJENDRA PRASAD ROAD – Respondent


Advocates Appeared:
For The Appellant : SRI. P.N. RAJESWARA, ADV.,
For The Respondent: SRI. PRABHULING K. NAVADAGI, B.B. PATIL, SRI. SHIVAKUMAR, SRI. SHIVAPRABHU S. HIREMATH

JUDGMENT :

In these intra Court appeals, the appellant namely Karnataka Industrial Areas Development Board (hereinafter referred to as 'the Board', for short) has assailed the validity of the interim order dated 19.04.2017 by which learned Single Judge has held as follows:

    “POINT NO. (i) : The State Government cannot any longer exercise power under Section 3 of the KIAD Act without conforming to the pre-requisites as prescribed under the 2013 Act, nor work the other provisions of the Act without also adhering to other mandatory provisions of the 2013 Act and the Rules there under. The Scheme under the KIAD Act as it prevails is inconsistent with the provisions of the 2013 Act in terms of Article 254(2) of the Constitution of India and is hence no longer valid as an independent enactment.

POINT NO. (ii) : Section 24(2) of the 2013 Act is applicable to an acquisition initiated under the provisions of the KIAD Act.

POINT NO. (iii) : By virtue of Section 24(2) at whatever point of time the vesting of land may have taken place, there is a divesting, in terms thereof, as it provides for

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