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2024 Supreme(Kar) 12

M. I. ARUN
H. S. Abdul Riyaz Basha S/o H. P. Abdul Shakur – Appellant
Versus
State of Karnataka Rep. by Its Principal Secretary Industries and Commerce – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Smt. Sreekala P.A., Advocate for Sri Lakshmish G., Advocate
For the Respondent:Sri. Naveen Chandrashekar, AGA, Sri Ashok N. Nayak, Advocate

ORDER :

1. In the instant case, the preliminary notification was issued on 11.12.2009 acquiring certain lands which include 1 acre 20 guntas of land in Survey No.236 and 2 acres 27 guntas of land in Survey No.237/1 of Kondareddypalli village, Kasaba Hobli, Bagepalli Taluk, Chikkaballapura District, which the petitioner contends that it belongs to him. However, the final notification has not been issued and award has also not been passed in respect of the said lands. Hence, the present writ petition is filed with a prayer to set aside the preliminary notification.

2. The fact that the preliminary notification was issued in the year 2009 and no final notification has been issued thereafter is not disputed by the respondents.

3. The acquisition is being done as per the provisions of the Karnataka Industrial Areas Development Act, 1966 ('the Act' for short). Though the Act does not specify the time within which a final notification has to be issued, the respondents are expected to issue a final notification within a reasonable time and the delay of 14 years cannot be considered reasonable. As already stated above, even till today, after lapse of 14 years, the final notification is not iss

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