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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.G.S. KAMAL J
Karibasappa S/o Holiyappa Duggavathi – Appellant
Versus
State of Karnataka – Respondent
ORDER :
1. Petitioners are before this Court seeking quash of notifications dated 20.10.2012 issued under Sections 1 (3) and 28(1) of the Karnataka Industrial Area Development Act, 1966 as per Annexure “A” and “B” respectively as well as the Notification dated 06.09.2013 issued under Section 28 (4) of the said Act as per Annexure "C" in so far as the lands of the petitioners are concerned.
2. Before adverting to the facts of the case, necessary to note that originally four petitioners filed the above writ petition. Subsequently, by memos dated 12.07.2016 and 20.01.2020 petitioner No.4 and petitioner No.1 sought dismissal of writ petition as withdrawn as far as their claim was concerned. Accordingly by order dated 10.08.2016 and by another order dated 05.02.2020 writ petition as regards the petitioner Nos.4 and 1 respectively was dismissed as withdrawn. Therefore this writ petition is to be considered only in respect of case of the petitioner Nos.2 and 3.
3. Petitioner No.2 claims to be the owner of land bearing Sy.No.100/3P3 measuring 1 acre 33 guntas, Sy.No.100/3P2 measuring 0.36.8, Sy.No.100/1P2 measuring 0.08, Sy.No.100/1P3 measuring 0.08 guntas. Petitioner No.3 claims to be the ow
Acquisition of agricultural land is permissible if a majority consents, even if some landowners contest, provided legal processes are observed.
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.
Administrative bodies must provide reasoned orders when rejecting objections, ensuring fair deliberation, especially in land acquisition cases.
The court affirmed that compliance with the Land Acquisition Act, 1894 is essential for valid land acquisition, particularly regarding notifications and public interest.
Acquisition proceedings are invalid if statutory requirements for notice and consideration of objections are not met, emphasizing the necessity of procedural equity.
The main legal point established in the judgment is that delay and laches in challenging acquisition proceedings can result in the dismissal of a writ petition, and the provisions contained under Ord....
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