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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
R.DEVADAS, K.V.ARAVIND
Aaress Iron And Steel Limited, Represented By Its Authorised Signatory, Mr. Hanamant Rao Desai – Appellant
Versus
State Of Karnataka, Department Of Commerce And Industries, Rep. By Its Secretary – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 2 , 3) |
| 2. arguments presented by both parties. (Para 4 , 5 , 6 , 7) |
| 3. court's observations and legal analysis. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. final conclusion is dismissal of the appeal. (Para 16) |
JUDGMENT :
K.V. ARAVIND, J.
Heard Sri Ashok Haranahalli, learned Senior Counsel appearing for Sri Shivaraj C. Bellakki, learned counsel for the appellants; Sri Praveen Y. Devareddy, learned High Court Government Pleader along with Sri J.M. Gangadhar, learned Additional Advocate General appearing for respondent No.1; Sri Basavaraj V. Sabarad, learned Senior Counsel appearing for Sri G.I. Gachchinamath, learned counsel for respondent Nos.2 and 4; Sri G.S. Kannur, learned Senior Counsel appearing for Sri G.I. Gachchinamath, learned counsel for respondent No.3; Sri Suresh S. Shettammanavar, learned counsel for respondent Nos.5 to 8 and 10 to 23; and Sri Veeresh R. Budihal, learned counsel for respondent No.9.
2. This writ petition is filed under Section 4 of the High Court Act, 1961, seeking to challenge the order passed in Writ Petition No.27387/2016 dated 11.03.2025. Appellant No.1 is the writ petitioner. Appellant No.2 states
Approval conditions for land acquisition must be met to establish vested rights; public interest considerations prevail in land allocation disputes.
Possession without formal allotment does not confer rights; non-compliance with statutory conditions justifies resumption of land under the Karnataka Industrial Areas Development Act.
Petitioners cannot assert rights for land allotments when their claims are contingent on another party's pending applications, especially after such approvals have expired.
The acquisition proceedings under the Right to Fair Compensation Act lapsed due to non-payment of compensation and failure to take possession, rendering subsequent notifications void and constituting....
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