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WP No. 61426 of 2016

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF FEBRUARY, 2023

BEFORE

THE HON'BLE MR JUSTICE KRISHNA S DIXIT

WRIT PETITION NO. 61426 OF 2016 (LA-KIADB)

BETWEEN:

1. SRI. M V GURUPRASAD,

S/O M B VITTAL RAO,

AGED ABOUT 55 YEARS,

2. SMT NANDINI M GURUPRASAD,

@ NANDINI G MANKALE,

AGED ABOUT 50 YEARS,

R/A # 690/K, 14^TH MAIN, J.P.NAGAR II PHASE,

BANGALORE-560 078.

…PETITIONERS

(BY SRI.VEERANNA G TIGADI, ADVOCATE)

AND:

1. STATE OF KARNATAKA

REPRESENTED BY ITS PRINCIPAL SECRETARY,

COMMERCE AND INDUSTRIAL DEPARTMENT,

VIKAS SOUDHA, BANGALORE-560 001.

2. KARNATAKA INDUSTRIAL AREAS

DEVELOPMENT BOARD

III & IV FLOORS, KHANIJA BHAVAN,

RACE COURSE ROAD,

BANGALORE-560 001.

REPRESENTED BY ITS

CHIEF EXECUTIVE OFFICER

& EXECUTIVE MEMBER.

R

Digitally signed

by CHETAN B

C

Location: HIGH

COURT OF

KARNATAKA

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WP No. 61426 of 2016

3. THE SPECIAL DEPUTY COMMISSIONER

K.I.A.D.B., III & IV FLOORS, KHANIJA BHAVAN,

RACE COURSE ROAD,

BANGALORE-560 001.

4. THE SPECIAL LAND ACQUISITION OFFICER-II

K.I.A.D.B. III & IV FLOORS, KHANIJA BHAVAN,

RACE COURSE ROAD, B

5. ANGALORE-560 001.

…RESPONDENTS

(BY SRI.SRIDHAR HEGDE, ADVOCATE FOR R1;

SRI. P V CHANDRASHEKAR, ADVOCATE FOR R2 TO R4)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF

THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE

NOTIFICATION

DATED

09.01.2007

PUBLISHED

IN

THE

KARNATAKA GAZETTE ON 10.01.2007 R/W THE CORRIGENDUM

NOTIFICATION PUBLISHED IN THE KARNATAKA GAZETTE ON

5.6.2014 AT ANNEX-A AND B IN SO FAR AS THE PETITIONERS

ARE CONCERNED.

THIS PETITION HAVING BEEN HEARD AND RESERVED

FOR ORDER, THIS DAY, THE COURT PRONOUNCED THE

FOLLOWING:

ORDER

The tone for this judgment can be set by adverting to

the words of Saint Augustine (354 – 430 A.D.) in his book,

The City of God, Volume 1 (426 A.D):

“Without justice, what else is the State but a

great band of robbers …?”

2.

Petitioners being the owners of lands in

question are knocking at the doors of Writ Court grieving

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WP No. 61426 of 2016

against their acquisition vide Preliminary Notification dated

09.01.2007 issued under Section 28(1) followed by the

Final Notification dated 17.05.2007 issued under Section

28(4) of the Karnataka Industrial Areas Development Act,

1966.

3.

Learned counsel for the Petitioners seeks

voiding of the acquisition on the following grounds that:

(i) His clients were already owners of the subject

lands and therefore, their names ought to have figured in

the acquisition notifications;

(ii) Petitioners vide Letter dated 09.01.2013 had

requested the KIADB to pass the award and pay

compensation; there has been a stony silence; payment of

compensation is a precondition for sustaining acquisition;

(iii) Alternatively, the compensation should be paid

to his clients under the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation, and

Resettlement Act 2013 (hereafter 2013 Act), especially

when the KIADB has allotted the subject lands by

charging a huge sum of Rs.7.5 Crore or so, that too after

giving a rebate of 50% to the allotees;

(v) There is enormous delay unjustifiably brooked in

making the payment of compensation, that militates

against the spirit of Article 300A of the Constitution which

guarantees right to property; till date no payment is made

and nothing is stated about the same in the Statement of

Objections filed by the KIADB.

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WP No. 61426 of 2016

4.

After service of notice, the State has entered

appearance through the learned AGA and the KIADB is

represented by its Sr. Panel Counsel who has filed the

Statement of Objections opposing the acquisition. Learned

Panel Counsel contends that the acquisition having been

completed by issuance of Final Notification on 17.05.2007,

the lands have vested in the State and therefore, the

same cannot be restored to the Petitioners. After the land

owners notif