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2022 Supreme(Kar) 144

ALOK ARADHE, MS.J.M.KHAZI
Karnataka Industrial Area Development Board – Appellant
Versus
Franciscan Service Society of Bangalore Rep. By its Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. BASAVARAJ V. SABARAD, FOR MR. H.L. PRADEEP KUMAR, ADV.,)
For the Respondent: MR. C.M. NAGABUSHANA, FOR C/R1 MR. S. RAJASHEKAR, Adv

JUDGMENT :

This intra court appeal under Section 4 of Karnataka High Court Act, 1961 has been filed against an order dated 12.02.2020 passed by the learned Single Judge by which the preliminary notification dated 16.12.2006 and the notification under Section 28(3) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as 'the Act') have been held to be abandoned and lapsed and the writ petition preferred by Respondent No.1 has been allowed.

2. Facts leading to the filing of this appeal briefly stated are that the appellant No.1 is Board constituted under Section 5 of the Act and is engaged in promoting and assisting in the rapid and orderly establishment, growth and development of industries. The appellant also develops the industrial areas and provides industrial infrastructure facilities and amenities in industrial areas. The respondent No.1 (hereinafter referred to as 'the Society' for short) is a society established for religious and charitable purposes for the benefit of Christian community.

3. One Nanjappa was the owner of the land bearing Sy.No.100/2 and Sy.No.101/2 measuring 1 Acre and 28 Guntas each, situate at Hoovinayakanahall, Jala Hobli, Bengalur

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