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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.17039 OF 2022 (LA-KIADB)
C/W WRIT PETITON NO.20229 OF 2022 (LA-KIADB), WRIT PETITION NO.3286/2023 (LA-KIADB), WRIT PETITION NO.4158/2023 (LA-KIADB), AND WRIT PETITION NO.5157/2023 (LA-KIADB)
IN W.P.NO.17039/2022:
BETWEEN:
K. DEVARAJU, S/O LATE K. KEMPEGOWDA, AGED ABOUT 61 YEARS, R/AT ABBENAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, Digitally signed by H K HEMA KOLAR DISTRICT-563 130.
Location: H igh …PETITIONER Court of Karnataka (BY SRI R. SUBRAMANYA, ADVOCATE FOR SRI HEMANTH KUMAR D., ADVOCATE)
AND:
1. STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560 001, REP. BY ITS ADDITIONAL SECRETARY.
2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REP. BY ITS EXECUTIVE MEMBER, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560 001.
3. SPECIAL LAND ACQUISITION OFFICER-I KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BHARATH SCOUTS AND GUIDES BUILDING, NO.4/6, 1ST CROSS, PALACE ROAD, NEAR MAHARANI COLLEGE, BANGALORE-560 001.
…RESPONDENTS (BY SRI YOGESH D. NAIK, ADVOCATE FOR R1;
SRI BASAVARAJ V. SABARAD, SR. ADVOCATE FOR SRI ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10.12.2021 PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-M, SO FAR AS PETITIONER'S LAND BEARING SY.NO.70/1, MEASURING 2 ACRES AND 23 GUNTAS SITUATED AT BAVANAHALLI VILLAGE, MALUR TALUK, KOLAR DISTRICT, AND ETC., IN W.P.NO.20229/2022:
BETWEEN:
1. K DEVARAJU S/O LATE K KEMPEGOWDA AGED ABOUT 61 YEARS R/AT ABBENAHALLI VILLAGE KASAB HOBLI, MALUR TALUK KOLAR DISTRICT-563130.
2. K YOGANANDA S/O LATE K KEMPEGOWDA AGED ABOUT 57 YEARS R/AT ABBENAHALLI VILLAGE KASABA HOBLI, MALUR TALUK KOLAR DISTRICT-563130.
3. K RAMACHANDRA S/O LATE K KEMPEGOWDA AGED ABOUT 57 YEARS R/AT ABBENAHALLI VILLAGE KASAB HOBLI, MALUR TALUK KOLAR DISTRICT-563130.
…PETITIONERS (BY SRI SUBRAMANYA R., ADVOCATE FOR SRI HEMANTH KUMAR D., ADVOCATE)
AND:
1. STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE KHANIJA BHAVAN RACE COURSE ROAD BANGALORE-560001 REPRESENTED BY ITS ADDITIONAL SECRETARY.
2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS EXECUTIVE MEMBER KHANIJA BHAVAN RACE COURSE ROAD BANGALORE-560001.
3. SPECIAL LAND ACQUISITION OFFICER-I KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD BHARATH SCOUTS AND GUIDES BUILDING NO.4/6, 1ST CROSS PALACE ROAD NEAR MAHARANI COLLEGE BANGALORE-560001.
…RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R.1;
SRI H.L. PRADEEP KUMAR, ADVOCATE FOR R.2 & R.3.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 10.12.2021 PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-F AND QUASH THE NOTIFICATION BEARING NO.CI 250 S.PQ (E) 2020 DATED 02.06.2022 PASSED BY RESPONDENT NO.1 SO FAR AS THE LAND BEARING SY.NO.66 MEASURING 4 ACRES AND 07 GUNTAS, SY.NO.67/1 MEASURING 3 ACRES AND 05 GUNTAS AND LAND IN SY.NO.75 MEASURING 4 ACRES AND 4 GUNTAS SITUATED AT BAVANAHALLI VILLAGE, MALUR TALUK, KOLAR DISTRICT, BELONGING TO PETITIONER VIDE ANNEXURE-G, ETC.
IN W.P.NO.3286/2023:
BETWEEN:
1. SMT. NARAYANAMMA W/O. LATE SHRI. HANUMANTHAPPA AGED ABOUT 62 YEARS, 2. SHRI. SRINIVAS M H S/O SRI LATE SHRI HANUMANTHAPPA AGED ABOUT 40 YEARS, 3. SMT. M H ANASUYA D/O LATE SHRI. HANUMANTHAPPA AGED ABOUT 44 YEARS, 4. SMT. M H CHANDRAKALA D/O. LATE SHRI. HANUMANTHAPPA AGED ABOUT 39 YEARS, 5. SHRI. SIDDARAJU M H S/O LATE SHRI. HANUMANTHAPPA AGED ABOUT 35 YEARS, ALL ARE RESIDING AT BHAVANAHALLI VILLAGE KASABA HOBLI, MALUR TALUK KOLAR DISTRICT-517247 ALL ARE REPRESENTED BY THEIR GPA HOLDER MR. PRASHANT KOPPULA.
6. M/S. SHASTA VENTURE PRIVATE LIMITED A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 HAVING OFFICE AT NO.2 LAKE VIEW DEFENCE COLONY JALAHALLI WEST BANGALORE-560015 REPRESENTED BY ITS DIRECTOR MR. PRASHANT KOPPULA.
…PETITIONERS (BY SRI DHANANJAY JOSHI, SENIOR ADVOCATE FOR SMT. KAVITHA D., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY OF URBAN DEVELOMPENT AUTHORITY M.S. BUILDING BANGALORE-560001.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD IV AND V FLOORS, KHANIJA BHAVAN NO.49, RACE COURSE ROAD BENGALURU-560001 REPRESENTED BY ITS SECRETARY.
3. SPECIAL DEPUTY COMMISSIONER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD KHANIJA BHAVAN, BANGALORE-560001.
…RESPONDENTS (BY SRI ASHOK N. NAYAK, ADVOCATE FOR R.2 & R.3;
SRI YOGESH D. NAIK, AGA FOR R.1.)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PRELIMINARY NOTIFICATION, DATED 02.12.2020 BEARING NO.CI 250 SPQ (E) 2020 VIDE (ANNEXURE-A) AND FINAL NOTIFICATION DATED 26.05.2022, BEARING NO.CI 250 SPQ (E) 2020 VIDE (ANNEXURE-B) ISSUED BY THE RESPONDENT NO.2 (AS AGAINST THE PETITIONERS ONLY) BY WHICH SEVERAL TRACTS OF LAND, INCLUDING 03 ACRES 06 GUNTAS IN SURVEY NO.55/2 (OLD SY.NO. OF BHAVANAHALLI VILLAGE AND 01 ACRES 31 GUNTAS IN SY.NO.68/4) OF BHAVANAHALLI VILLAGE (MORE PARTICULARLY DESCRIBED IN THE SCHEDULE HEREIN BELOW AND HEREINAFTER SY.NO.55/2 IS REFERRED TO AS THE SCHEDULE 'A' PROPERTY, ETC.
IN W.P.NO.4158/2023:
BETWEEN:
1. MR. CHARAN RAJ M.D.
S/O S. DEVARAJ AGED ABOUT 25 YEARS R/AT MALIYAPPANAHALLI VILLAGE KURUBAL POST, VEMGAL HOBLI KOLAR TALUK AND DISTRICT-563101.
…PETITIONER (BY SRI M. MURALI BABU, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY ITS UNDER SECRETARY TO GOVERNMENT(I.D.)
DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASASOUDHA, DR. AMBEDKAR VEEDI BANGALORE-1.
2. THE SPECIAL LAND ACQUISITION OFFICER-1 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.39, BHARATH SCOUTS AND GUIDES BUILDING PALACE ROAD, BANGALORE-1.
…RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R.1;
SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R.2.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED FINAL NOTIFICATION BEARING NO.CI 156 SPQ(E) 2020 DATED 21.01.2023 ISSUED BY THE RESPONDENT NO.1 ANNEXURE-F ONLY IN SO FAR AS THE PETITIONER'S LAND SY.NO.46/8 MEASURING 0-12 1/2 GUNTAS SITUATED AT MALIYAPPANAHALLI VILLAGE, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, IS CONCERNED, ETC.
IN W.P.NO.5157/2023:
BETWEEN:
1. SRI N. GIRISH S/O LATE K.M. NARAYANASWAMY, AGED ABOUT 43 YEARS, MALIYAPPANAHALLI VILLAGE, VEMAGAL HOBLI, KOLAR TALUK, KOLAR DISTRICT-563161.
…PETITIONER (BY SRI A. NAGARAJAPPA, ADVOCATE)
AND:
1. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.39, BHARAT SQUOTS AND GUIDES BUILDING, SHANTHIGRUHA, 4TH FLOOR, PALACE ROAD, BANGALORE-560001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
2. THE SPECIAL LAND ACQUISITION OFFICER-1 KIADB (BMICP), 1ST FLOOR, NRUPATHUNGA ROAD, BANGALORE-560001.
3. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRY M.S. BUILDING VIDHANA SOUDHA, AMBEDKAR VEEDI BENGALURU-560 001.
…RESPONDENTS (BY SMT. ASHWINI, ADVOCATE FOR SRI M.V. VEDAMURTHY, ADVOCATE FOR R.1 & R.2 (VC);
SRI YOGESH D. NAIK, AGA FOR R.3.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION UNDER SECTION 28(1) OF KARNATAKA INDUSTRIAL AREA DEVELOPMENT ACT, 1966, PUBLISHED IN THE GAZETTE ON 12.08.2020 IN NO.CI 156, SPQ(E)2020 MARKED AT ANNEXURE-D IN SO FAR AS THE PETITIONER LAND AT SCHEDULE OF THE WRIT PETITION AND ALSO THE NOTIFICATION ISSUED UNDER SECTION 28(4) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT ACT, 1966 DATED 21.01.2023 IN NO.CI 156 SPQ (E) 2020, IN SO FAR AS THE PETITIONER LAND AT SCHEDULE MARKED AT ANNEXURE-G., ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
W.P.NO.17039/2022:
1. Aggrieved by his land being acquired for the purposes of Karnataka Industrial Areas Development Board ('KIADB' for short), the petitioner has preferred this writ petition.
2. The case of the petitioner is that his land is situated within 100 Meters from Gramatana Limits and that he had made an application for conversion of land for residential purposes on 23.07.2020, prior to the issuance of preliminary Notification. It is submitted that preliminary Notification has been issued on 02.12.2020. After issuance of preliminary Notification, appropriate Authority passed an order of conversion on 21.01.2021 as requested by the petitioner. Subsequently, plan also has been sanctioned for formation of residential layout in the land concerned. Thereafter, petitioner filed his objections to the acquisition proceedings. However, the Special Land Acquisition Officer, without applying his mind and without considering the objections raised by the petitioner, passed an order under Section 28(3) of the Karnataka Industrial Areas Development Act, 1966, ('KIAD Act' for short), recommending that the land should be acquired, pursuant to which final Notification has been passed on 02.06.2022 acquiring the land concerned. Aggrieved by the same, the present writ petition is filed.
3. The petitioner contends that Circular issued by the Government to the KIADB recommends that lands situated within 100 meters from Gramatana Limits should not be acquired. It is also contended that since he had made necessary application for conversion of land, the land of the petitioner should not have been acquired.
4. Per contra, learned Senior Counsel Sri Basavaraj V.Sabarad appearing for respondent Nos.2 & 3-KIADB, contends that the conditions mentioned in the Circular issued by the State Government are only recommendatory in nature and not mandatory; and making an application for conversion of land for residential purposes is not a bar for the Government to acquire the land. It is further submitted that the lands concerned are essential for compactness of the industrial area and it could not have been left out of the acquisition. It is also contended that the land is not within 100 meters from gramatana. For the said reasons, it is prayed that the writ petition be dismissed.
5. This Court, to verify where the land of the petitioner is situated, had directed the Authorities concerned to produce map of the industrial layout. It is noticed that the land of the petitioner is situated at the edge of the proposed industrial area and not in the middle of it.
6. Article 300A of the Constitution of India reads as follows:
"300A. Persons not to be deprived of property save by authority of law.— No person shall be deprived of his property save by authority of law."
Though right to property is not a fundamental right, it is a constitutional right and it has to be considered as a human right. Though the Constitution permits the State to acquire the property of a person, it should be careful in doing so and needs to acquire the same only when it is necessary and not otherwise. No doubt orderly establishment and development of industries in suitable areas of the State is necessary for development of the State and property of an individual person may be needed to be acquired. For that purpose, the State, its Authorities or Agencies or its Instrumentalities should exercise caution so as to cause least deprivation of the property to a person. Further, the State is also required to have a proper assessment as to which are the properties that are required for residential purposes, industrial purposes, agricultural purposes, forest zones, eco-sensitive zone and the like. The State cannot be insensitive to these aspects and acquire property as it likes in exercise of its plenary power or power of eminent domain. India is a democratic country and not a totalitarian State. For the said reasons, recommendations by way of Circular are issued by State as to what are t
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