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2023 Supreme(Kar) 730

KRISHNA S.DIXIT
Doddamma – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Shivananda Meti, Advocate, Sridhar Hegde, Advocate, P.V. Chandrashekar, Advocate, Vardhaman V. Gunjal, Advocate, E.V. Gopalakrishnan Potty, Advocate, B. Ramesh, Advocate

JUDGMENT/ORDER

1. All these petitions broadly having common law and facts, are filed by the land owners for laying a challenge to the acquisition of their lands under the provisions of the Karnataka Industrial Areas Development Act, 1966.

2. Learned advocates appearing for the Petitioners seek to falter the acquisition making the following submissions:

(i) The acquisition of the land is not for public purpose and their objections filed to the proposal for acquisition have not been duly considered.

(ii) The opinion of the government as to requirement of the lands, is unfounded since KIADB itself recommended for their denotification;

(iii) The lands being adjacent to the villages could not have been notified for acquisition.

(iv) The acquired lands are sought to be given to some others not connected with industry;

(v) The acquisition is not accomplished within the statutory period and possession has not been taken till date; neither award has been passed nor compensation has been paid; and

(vi) In any event, acquisition if at all to be saved from challenge, the compensation has to be paid under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Res

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