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2023 Supreme(Kar) 1060

KRISHNA S.DIXIT
M. V. Guruprasad – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared:
Veeranna G Tigadi, Advocate, Sridhar Hegde, Advocate, P V Chandrashekar, Advocate

JUDGMENT

Krishna S Dixit, J.

The tone for this judgment can be set by adverting to the words of Saint Augustine (354 - 430 A.D.) in his book, The City of God, Volume 1 (426 A.D):

    'Without justice, what else is the State but a great band of robbers ...?'

2. Petitioners being the owners of lands in question are knocking at the doors of Writ Court grieving against their acquisition vide Preliminary Notification dated 09.01.2007 issued under Section 28(1) followed by the Final Notification dated 17.05.2007 issued under Section 28(4) of the Karnataka Industrial Areas Development Act, 1966.

3. Learned counsel for the Petitioners seeks voiding of the acquisition on the following grounds that:

    (i) His clients were already owners of the subject lands and therefore, their names ought to have figured in the acquisition notifications;

(ii) Petitioners vide Letter dated 09.01.2013 had requested the KIADB to pass the award and pay compensation; there has been a stony silence; payment of compensation is a precondition for sustaining acquisition;

(iii) Alternatively, the compensation should be paid to his clients under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, an

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