Acquisition of agricultural land is permissible if a majority consents, even if some landowners contest, provided legal processes are observed.

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by memos dated 12.07.2016 and 20.01.2020 petitioner No.4 and petitioner No.1 sought dismissal of writ petition as withdrawn as far as their claim was concerned.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and by another order dated 05.02.2020 writ petition as regards the petitioner Nos.4 and 1 respectively was dismissed as withdrawn.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 owner of land in Sy.No.100/1P4 measuring 0.08 guntas, Sy.No.100/1P1 measuring 0.15 guntas, Sy.No.100/3P1 measuring 2.29 and 1/2 guntas, Sy.No.96/4P measuring 2 acres 31 guntas, Sy.No.96/3 measuring 0.13 guntas, all situated in Sarathi village, Harihara Taluk, Davanagere District.

4. Case of the petitioners is that aforesaid lands are the fertile lands and that they have been growing paddy, coconut, sugarcane, jowar and cotton and other agricultural crops in the aforesaid lands, which is the only source of their livelihood. That they have made improvements upon the aforesaid lands investing huge sums of money for digging bore wells, laying pipelines, constructing RCC machine rooms and the cattle sheds for cows etc.

5. That by the impugned notifications respondents sought to acquire an area of 286.02 acres and 13.30 acres in Sarathi and Kurubarahalli villages respectively for the purpose of development of industrial area. That the Special Land Acquisition officer without giving opportunity to the petitioners to establish their contentions and without considering their objections and without even considering the nature of the land, recommended for acquisition by holding that 90% of the farmers were agreeable to give up their lands at Rs.25 to 28 lakhs per acre and under the circumstances, objections of remaining 10% of the farmers need not be considered. The order thus passed by the Special Acquisition Officer under Section 28 (3) of the Act, is illegal and unjustified.

6. That the State Government issued notification under Section 3(1) of the Act without application of mind without holding survey or any preliminary inquiry as regards the need for formation and development of industrial area in Sarathi and Kurubarhalli villages. That Harihar town is at a distance of about 12 Kilometers from the Sarathi village. The State Government had earlier acquired vast extent of agricultural lands near Harihar town for the purpose of developing industrial area. All the aforesaid acquired lands have remained fallow without any use. Industrial sheds have become dilapidated and are on the verge of collapse. None of the industries are functioning in the said industrial area. Some of the industries and factories w