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ALOK ARADHE, S. VISHWAJITH SHETTY
Siddegowda – Appellant
Versus
Karnataka Industrial Development Board – Respondent
JUDGMENT/ORDER
VISHWAJITH SHETTY,J. - This intra court appeal has been filed by the unsuccessful petitioner assailing the order dtd. 24/5/2012 passed by the learned Single Judge of this Court in W.P.No.26862/2009.
2. Heard the learned counsel appearing for the parties.
3. Brief facts of the case as revealed from the record which are relevant for the purpose of disposal of this appeal are, the appellants herein claim to be the owners in possession of the lands bearing survey No.106/3 and survey No.106/4 of Mogarahalli Village and survey No.136/1 and survey No.136/2 of Anaganahalli Village, Srirangapatna Taluk, Mandya District. The said lands were notified for acquisition by the Karnataka Industrial Areas Development Board (hereinafter referred to as "the Board") and preliminary notification under Sec. 28(1) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as "Act of 1966") was issued on 7/12/2005 and the final notification under Sec. 28(4) of the Act of 1966 was issued on 31/8/2006 in respect of 168 acres 26 1/2 guntas of land in Mogarahalli Village and 22 acres 19 guntas of land in Anaganahalli Village and thereby totally land measuring 191 acres 5 1/
The main legal point established in the judgment is that once the Final Notification is issued under the Karnataka Industrial Areas Development Act, 1966, the land vests in the State, and objections ....
An argument to contrary blurs boundary lines of schemes of acquisition envisaged under these statutes and thus, runs counter to scope of section 28 of 1966 Act.
Timely challenges are essential in land acquisition disputes; relief cannot be granted due to inordinate delay as established by the court's reaffirmation of the principle of laches.
Once possession is taken and an award is passed, challenges to land acquisition proceedings are not maintainable, and remedies for compensation must be sought through reference proceedings.
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