JUDGMENT :

Vishwajith Shetty, J.

This intra court appeal is filed by the unsuccessful petitioners assailing the order dated 15.12.2010 passed by the learned Single Judge of this Court in W.P.Nos.39277-278 of 2010.

2. Heard the learned counsel's appearing for the parties and also

3. Brief facts of the case as revealed from the records which perused the materials placed on record. may be necessary for the purpose of disposal of this appeal are, the appellants claim to be the owners of land bearing Survey No.104/2 to 104/7 at Gottigere Village, Bannerghatta Road, Bengaluru South Taluk which totally measures 13 acres 7 guntas (hereinafter referred to as 'the lands in question'). The lands in question were acquired by the Karnataka Industrial Area Development Board (hereinafter referred to as the 'Board' for short) for the purpose of construction of interchange, ramp and service road to the peripheral road that was being built by respondent Nos.12 & 13 pursuant to Frame Work Agreement (FWA) entered into between respondent No.12 and the State Government on 03.04.1997.

4. The State Government, therefore, had issued notification under Sections 3 (1) and 1(3) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as the 'Act of 1966' for short) on 24.01.2003. Thereafter, preliminary notification under Section 28 (1) of the Act of 1966 was issued on 29.01.2003. The appellants herein had filed objections to the said preliminary notification and also challenged the preliminary notification by filing W.P.No.20729-34/2003 before this Court which was disposed of on 18.11.2005 directing the concerned authorities to consider whether the lands in question were actually required for the project and proceed thereafter.

5. In the meanwhile on 12.02.2004 the State Government had approved the ODP and the proposed alignment in the ODP including construction of interchange, ramp and service road to the peripheral road (hereinafter referred to as ODP of 2004). Subsequently the State Government issued notification dated 04.11.2006 superseding the ODP of 2004 and this notification dated 04.11.2006 was questioned before this Court by respondent No.12 herein in W.P.No.3568/2007. The order dated 12.02.2004 was challenged before this Court in W.P.No.15973/2005 and the said writ petition was dismissed by this Court and the order passed therein has attained finality.

6. The objections filed by the appellants to the preliminary notification issued under Section 28 (1) of the Act of 1966 was considered and rejected by the Special Land Acquisition Officer vide order dated 02.02.2007 and a recommendation was also made by him for issuance of Section 28 (4) notification in respect of the lands in question. However, the Department of Public Works Department which is the nodal department of the State for the purpose of implementing the project had recommended for de-notification of the lands in question and considering the same, the State Government had issued a notification under Section 4 of the Act of 1966 on 19.10.2007 and in the said notification itself, it was made clear that the order of de-notification would be subject to the order of this Court in W.P.No.3568/2007 & W.P.No.17550/2006 and other matters which were pending consideration before this Court. Subsequently W.P.Nos.3568/2007 & 17550/2006 were allowed by this Court on 19.03.2009 and the notification dated 04.11.2006 was quashed and thereby the ODP of 2004 was restored and this Court taking into consideration that the notification dated 19.10.2007 issued under Section 4 of the Act of 1966 was made subject to the result of the said writ petitions, had reserved liberty to the acquiring authority to proceed further with the acquisition proceedings if the lands in question were required for construction of the peripheral road as per the ODP of 2004.

7. The State, thereafter, on 02.09.2009 had issued final notification under Section 28 (4) of the Act of 1966 and the appellants had filed