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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.HEMALEKHA
Parvathamma, W/o. Late Munivenkatappa – Appellant
Versus
State Of Karnataka Department Of Industry & Commerce, Rep. By Its Chief Secretary – Respondent
| Table of Content |
|---|
| 1. challenge to land acquisition notifications (Para 1 , 2 , 3) |
| 2. arguments on consideration of objections and land status (Para 5 , 6) |
| 3. court's analysis of objection handling in land acquisition (Para 7 , 8 , 9 , 10) |
| 4. invalidation of acquisition due to non-consideration of objections (Para 11) |
ORDER :
K.S. HEMALEKHA, J.
1. These two writ petitions challenged the preliminary notification dated 07.02.2022 and the final notification dated 27.02.2023 issued under Sections 28 (1) and 28(4) of the Karnataka Industrial Areas Development Act, 1966 (‘KIAD, Act’ for short).
Brief facts:
2. W.P.No.20840/2023 is preferred by the Parvathamma, who claims to be the owner of 1 acre in Sy.No.67/3 (‘petition property’ for short) acquired under a registered partition deed dated 24.04.2019. It is stated that the petition property is her only remaining land, her earlier lands in Sy.No.64/3, 64/11, 83 and 84 were already acquired for NH-207 including her house. It is stated that land is fertile, yield two crops annually and is located within the gramathana limits, abutting rajakaluve and D.C. quarters nearby.
3. W.P.No.19272/2023 is preferred by Muniraju, who claims to be the owner of 5 gu
Administrative bodies must provide reasoned orders when rejecting objections, ensuring fair deliberation, especially in land acquisition cases.
Acquisition proceedings are invalid if statutory requirements for notice and consideration of objections are not met, emphasizing the necessity of procedural equity.
Inordinate delay of 14 years in land acquisition invalidates the process, necessitating quashing of prior notifications and ensuring entitlement to compensation under the 2013 Act.
The Circular dated March 3, 2007, providing for the exclusion of lands diverted for non-agricultural purposes and garden lands, must be uniformly applied by the State Government in acquiring land for....
Acquisition of agricultural land is permissible if a majority consents, even if some landowners contest, provided legal processes are observed.
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