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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S. HEMALEKHA
Mohan Babu, S/o Ramanna – Appellant
Versus
State Of Karnataka, Represented By Its Secretary, Department Of Industries & Commerce – Respondent
ORDER :
K.S. HEMALEKHA, J.
The petitioners in all these Writ Petitions are seeking to quash the declaration/notification dated 27.02.2023 issued by the second respondent under Section 28 (4) of the Karnataka Industrial Area Development Act, 1966 (‘KIAD Act’ for short).
2. The petitioners are owners and cultivators of small extent of agriculture and residential land situated at Konagatta Village, Kasaba Hobli, Doddaballapur Taluk, Bangalore Rural District, and their lands form part of the acquisition initiated by the Karnataka Industrial Areas Development Board (‘KIADB’ for short) under the Preliminary Notification dated 07.02.2022 issued under Section 28 (1) of the KIAD Act.
3. In W.P No. 4285 of 2024, the petitioner claims to be the absolute owner of land bearing Survey No. 65/2B, measuring 1 acre 23 guntas comprising of extensive grape plantation, horticulture trees, bore well and pump houses, the said land being the sole source of his livelihood. They state that detailed objections under Section 28 (2) of the KIAD Act were filed, but the authorities mechanically rejected them through an order dated 20.01.2023 under (3) and thereafter issued Final Notification dated 27.02.2023
Acquisition proceedings are invalid if statutory requirements for notice and consideration of objections are not met, emphasizing the necessity of procedural equity.
Administrative bodies must provide reasoned orders when rejecting objections, ensuring fair deliberation, especially in land acquisition cases.
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 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 ....
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