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2025 Supreme(Online)(KAR) 4749
HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ J
KADATAL BASAVVA W/O. MAHADEVAPPA – Appellant
Versus
THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES & COMMERCE – Respondent
WP 102585 of 2023
The court ruled that excessive delays in land acquisition notifications violate landowners' rights, necessitating fresh proceedings and compensation as per the 2013 Act.
Headnote:(A) Karnataka Industrial Area Development Board Act, 1966 - Sections 28(1) and 28(4) - Writ petitions filed challenging preliminary and final notifications regarding land acquisition - Petitioners sought quashing of notifications and compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Court found excessive delay in final notification issuance and ruled that possession remained with petitioners, thus quashing notifications. (Paras 2-6)
(B) Land Acquisition - Automatic vesting of land upon notification - Court held that delay in finalization of acquisition process cannot disadvantage landowners and must preserve their rights. (Paras 5-6)
Facts of the case:
Petitioners challenged notifications under the KIAD Act related to their land, arguing lack of timely compensation and possession retention.
Findings of Court:
Notifications quashed, allowing for fresh acquisition proceedings and compensation as per the 2013 Act.
Issues: The main issues included the validity of notifications and compensation for landowners due to delays.
Ratio Decidendi: The court emphasized the need to protect citizens' rights against state actions and recognized the implications of delays in land acquisition processes.
Result: Writ petitions allowed.
| Table of Content |
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| 1. overview of the case and procedural history regarding land acquisition. (Para 1 , 2) |
1. The petitioners in all the above matters are before this Court seeking for the following reliefs:
IN WRIT PETITION NO.102585/2023 I. To issue Writ in the nature of Certiorari or other appropriate order or directions to Quash the impugned Notification bearing No. CI 120 SPQ 2009, Bangalore dated 05.06.2009 issued under Section 28(1) of the KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT , 1966 and it was published in the Karnataka State Gazette dated 08.06.2009 WP No. 102564 of 2023 AND 1 OTHER under section 3(1) KIADB act 1966 by the 1st respondent and the final declaration no.CI33.SPQ (E) 2021 issued under section 28(4) of the KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT , dated 07.07.2022 issued by the 1st respondent, vide ANNEXURE-B and F in so far as petitioner’s concerned;
II. In the alternatively, the Petitioner’s prayed that in the event of 1st prayer, is not permissible under law, then the Respondent authorities may be directed pay compensation to the Petitioner’s notified land under the RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT , 2013, Right from o7.07.2022, publication of 28(4)
K.I.A.D.B., Final Notification.
III. Grant such other suitable relief’s as this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.
IN WRIT PETITION NO.102554/2023 I. To issue Writ in the nature of Certiorari or other appropriate Order or directions to Quash the impugned Notification bearing no. CI 120 SPQ 2009, Bangalore dated 05.06.2009 issued under Section 28(1) of the KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT , 1966 and it was published in the Karnataka State Gazette dated 08.06.2009 under Section 3(1) KIADB act 1966 by the 1st Respondent and the Final Declaration issued under Section 28(4) of the KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT bearing No. Ci 33 Spq(E) 2021 dated 07.07.2022, by the 1st respondent, vide WP No. 102564 of 2023 AND 1 OTHER ANNEXURE-B and F in so far as petitioner’s are concerned;
II. In the alternatively, the Petitioner’s prayed that in the event of 1st prayer, is not permissible under law, then the Respondent authorities may be directed pay compensation to the Petitioner’s notified land, under the RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT , 2013, from 07.07.2022, publication of 28(4)
K.I.A.D.B., Final Notification.
III. Grant such other suitable relief’s as this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.
IN WRIT PETITION NO.102564/2023 I. To issue Writ in the nature of Certiorari or other appropriate Order or directions to Quash the Impugned Notification bearing no.CI 120 SPQ 2009, Bangalore dated 05.06.2009 issued under Section 28(1) of the KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT , 1966 and it was published in the Karnataka State Gazette dated 08.06.2009 under Section 3(1) KIADB Act 1966 by the 1st respondent and the Final Declaration issued under Section 28(4) of the KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT , bearing no. CI 33. SPQ (E) 2021 dated 07.07.2022 issued by the 1st respondent, vide ANNEXURE-B AND F in so far as petitioner’s are concerned;
II. In the alternatively, the Petitioner’s prayed that in the event of 1st prayer, is not WP No. 102564 of 2023 AND 1 OTHER permissible under law, then the Respondent authorities may be directed pay compensation to the Petitioner’s notified land, under the RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT , 2013. Right from 07.07.2022, publication of 28(4) K.I.A.D.B.
Final Notification.
III. Grant such other suitable relief’s as this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.
IN WRIT PETITIO
