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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.HEMALEKHA
L.N. Srinivasa Murthy, S/o. Late Narayanaswamy – Appellant
Versus
State Of Karnataka, Rep. By Its Secretary – Respondent
ORDER :
K.S. HEMALEKHA, J.
1. The petitioners have approached this Court seeking to challenge the preliminary notification dated 09.06.2010 issued under Section 28 (1) of the Karnataka Industrial Areas Development Act, 1966 (‘KIAD Act’ for short), the order dated 24.06.2024 passed under (3) of the KIAD Act and the declaration dated 01.10.2024 issued under (4) of the said Act insofar as they relate to schedule ‘A’ property.
Facts in brief:
2. The preliminary notification proposing to acquire the petitioners’ land was issued on 09.06.2010. A notice under Section 28 (2) of the KIAD Act was issued only on 08.09.2023, to which the petitioners filed objections on 17.10.2023. The Special Land Acquisition Officer (SLAO)-respondent No.2, by order dated 24.06.2024, overruled the objections and recommended acquisition. The State Government thereafter issued a declaration under (4) on 01.10.2024.
3. The petitioners claim to be the owners of the ancestral agricultural lands bearing Sy. No.211/2 measuring 2 acres 3 guntas and Survey No.250/1 measuring 2 acres 22 guntas situated at Linganahalli Village, Kasaba Hobali, Doddaballapur Taluk, Bengaluru Rural District. They contend that the lands
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.
Prolonged inaction in land acquisition proceedings for over 17 years renders the acquisition invalid, as timely conclusion is a component of property rights under Article 300A.
Authorities must complete land acquisition proceedings within a reasonable timeframe; prolonged inaction constitutes a violation of constitutional rights under Article 300A.
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 ....
Acquisition proceedings are invalid if statutory requirements for notice and consideration of objections are not met, emphasizing the necessity of procedural equity.
Unreasonable delay in issuing the final notification for land acquisition can lead to the lapse of the acquisition process and the setting aside of the preliminary notification.
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