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2024 Supreme(Online)(Kar) 45495
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2024 BEFORE THE HON’BLE MR.JUSTICE R. DEVDAS WRIT PETITON NO.3667 OF 2023 (LA-KIADB)
C/W WRIT PETITON NO.16422 OF 2022 (LA-KIADB), WRIT PETITON NO.12961 OF 2023 (LA-KIADB)
IN WP 3667/2023 BETWEEN
1 . SRI BHAGAVANTHAPPA S/O PUTTASWAMY GOWDA AGED ABOUT 67 YEARS, R/AT DEVANAHALLI, BYRADENAHALLI, ALURDUDDANAHALLI, BANGALORE RURAL, KARNATAKA 562110
2 . SRI P ANJANAMURTHY S/O LATE PUTTAPPA, AGED ABOUT 54 YEARS, R/AT NO 66, 4TH WARD, ROJIPURA, DODDABALLAPURA, KARNATAKA 561203
3 . SMT ASHWATHAMMA W/O LATE RAMAIAH, AGED ABOUT 88 YEARS, R/AT ARUVANAHALLI, BENGALURU RURAL KOIRA, KARNATAKA 562110 4 . SMT BHAGHY R D/O LATE RAMAIAH, AGED ABOUT 58 YEARS, R/AT ARUVANAHALLI, BENGALURU RURAL, KARNATAKA 562110 5 . SRI RAJANNA P S/O PATALAPPA, AGED ABOUT 52 YEARS, R/AT NO 42, DEVANAHALLI TALUK, KUNDANA HOBALI, BYRADENAHALLI, ALURDUDDANAHALLI, BANGALORE RURAL, KARNATAKA 562110
6 . SRI KESHAVAMURTHI S/O PUTTAPPA, AGED ABOUT 50 YEARS, R/AT BYRADENAHALLI, ALURDUDDANAHALLI, BANGALORE RURAL, KARNATAKA 562110
7 . SRI B H MANJUNATHA S/O C HANUMAPPA, AGED ABOUT 42 YEARS, R/AT BYRADENAHALLI, BANGALORE RURAL, KARNATAKA 562110
8 . SRI B NAJEGOWDA S/O LATE HANUMANTHAPPA, AGED ABOUT 74 YEARS, R/AT BYRADENAHALLI, ALURDUDDANAHALLI, BANGALORE RURAL, KARNATAKA 562110
9 . SRI B L HANUMANTHA GOWDA S/O LAKSHMAIAH N, AGED ABOUT 56 YEARS, R/AT BYRADENAHALLI, ALURDUDDANAHALLI, BANGALORE RURAL, KARNATAKA 562110 10 . SRI R RAMESH S/O CHIKKAHONAPPA, AGED ABOUT 53 YEARS, R/AT NO 182, DEVANAHALLI TALUK, UGANAVADI, BANGALORE RURAL, KARNATAKA 562110
11 . SRI R MUNIRAJU S/O RAMAIAH, AGED ABOUT 59 YEARS, R/AT UGANAVADI, BANGALORE RURAL, KARNATAKA 562110
12 . SRI R RAMANNA S/O CHIKKAHONAPA, AGED ABOUT 56 YEARS, R/AT NO 167, DEVANAHALLI TALUK, UGANAVADI, BANGALORE RURAL, KARNATAKA 562110
13 . SRI RAMANJINAPPA P S/O PHILLAPPA, AGED ABOUT 71 YEARS, R/AT BYRADENAHALLI, ALURDUDDANAHALLI, BANGALORE RURAL, KARNATAKA 562110
14 . SRI GOVINDARAJA S/O ANJINAPPA, AGED ABOUT 53 YEARS, R/AT DODDAGOLLAHALLI, ALURDUDDANAHALLI, BANGALORE RURAL, KARNATAKA 562110
15 . SRI MANJUNATHA S/O K ANJINAPPA, AGED ABOUT 47 YEARS, R/AT NO 1/1, DODDAGOLLAHALLI, ALURDUDDANAHALLI, BANGALORE RURAL, KARNATAKA 562110 16 . SRI MUNIRAJU S/O MUNIANJINAPPA, AGED ABOUT 57 YEARS, R/AT DODDAGOLLAHALLI, ALURDUDDANAHALLI, BANGALORE RURAL, KARNATAKA 562110
17 . SRI SAMPANGI GOWDA S/O LATE SUBBARAYAPPA, AGED ABOUT 64 YEARS, R/AT DODDAGOLLAHALLI, ALURDUDDANAHALLI, BANGALORE RURAL, KARNATAKA 562110 18 . SRI DEVARAJU S/O LATE SUBBARAYAPPA, AGED ABOUT 59 YEARS, R/AT DODDAGOLLAHALLI, ALURDUDDANAHALLI, BANGALORE RURAL, KARNATAKA 562110
19 . SRI S MANJUNATHA S/O LATE SUBBARAYAPPA, AGED ABOUT 55 YEARS, R/AT DODDAGOLLAHALLI, ALURDUDDANAHALLI, BANGALORE RURAL, KARNATAKA 562110
20 . SRI G P RAJANNA S/O PELANNA, AGED ABOUT 69 YEARS, R/AT NO 5 DEVANAHALLI TALUK DODDAGOLLAHALLI, BANGALORE RURAL, KARNATAKA 562110
21 . SRI D KRISHNAPPA S/O DODDAANJINAPPA, AGED ABOUT 68 YEARS, R/AT NO, DODDAGOLLAHALLI, ALURDUDDANAHALLI, BANGALORE RURAL, KARNATAKA 562110 ...PETITIONERS (BY SMT. PRIYA V.B. SHETTAR, ADVOCATE FOR SRI. MURUGESH RAMAIAH., ADVOCATE P3, P4, P6, P8, P16, P17, P18, P19 & P20 ARE DELETED AS PER O/DT 3/7/23)
AND
1 . UNION OF INDIA REPRESENTED BY ITS SECRETARY DEPARTMENT OF INFORMATION AND TECHNOLOGY MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY ELECTRONICS NIKETAN
6, CGO COMPLEX, LODHI ROAD, NEW DELHI 110003
2 . STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT COMMERCE AND INDUSTRIES DEPARTMENT VIKASA SOUDHA, BANGALORE 560001
3 . SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB)
NO 39, SHANTHIGRUHA, 4TH FLOOR, BHARAT SCOUTS AND GUIDES BUILDING PALACE ROAD, BENGALURU 560001
4 . KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD (KIADB)
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
4TH AND 5TH FLOOR, EAST WING KHANIJA BHAVAN, RACE COURSE BENGALURU 560001
5 . STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, DEPARTMENT OF ELECTRONICS, INFORMATION TECHNOLOGY, BIOTECHNOLOGY, SCIENCE AND TECHNOLOGY, MS BUILDINGS BENGALURU 560001 …..RESPONDENTS (BY SRI.SHANTHI BHUSHAN H., DSG FOR R1 SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2 & R5 SRI. K. SHASHI KIRAN SHETTY, SR. COUNSEL FOR SMT. ANUPARNA BORDOLOI, ADVOCATE FOR R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE R2 NOTIFICATION VIDE ANNEXURE-E ISSUED UNDER SECTION 3(1) AND 28(1) OF THE KIAD ACT BEARING NO.CI 443 SPQ
2009, BENGALURU DATED 09.06.2010 IN SO FAR THE EXTENT OF LANDS OF THE PETITIONERS ARE CONCERNED AND ETC.
IN WP 16422/2022 BETWEEN
1 . SRI. N. P. NARASIMHAMURTHY S/O. A. PATALAPPA, AGED ABOUT 49 YEARS, 2 . SRI. ASHWATHAGOWDA S/O. VENKATESHAPPA, AGED ABOUT 62 YEARS, 3 . SRI. JAYARAMAIAH S/O. SUBBANNA, AGED ABOUT 67 YEARS, 4 . SRI. A. MUNEGOWDA S/O. ANJINAPPA, AGED ABOUT 62 YEARS, PETITIONER NOS.1 TO 4 ARE R/O ARUVANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 110.
5 . SRI. CHANDRAPPA S/O. NARAYANASWAMY, AGED ABOUT 66 YEARS, R/O CHAPPARADAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 110.
(DISMISSED AS WITHDRAWN V/O DT.20.06.2023)
6 . SRI. VENKATESHA. G S/O. GOPALAPPA, AGED ABOUT 37 YEARS, 7 . SRI. RAJANNA S/O. DODDAANJINAPPA, AGED ABOUT 72 YEARS, PETITIONER NOS. 5 TO 7 ARE R/O CHAPPARADAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 110.
8 . SRI. SHAMANNA S/O. BAIRAPPA, AGED ABOUT 72 YEARS, 9 . SRI.S.MANJUNATHA S/O SHAMANNA AGED 41 YEARS, 10 . SRI ANJINAPPA S/O BAIRAPPA AGED 60 YEARS, 11 . SRI.ANIL KUMAR S/O NARAYANASWAMAPPA AGED 42 YEARS, (DISMISSED AS WITHDRAWN V/C/O DT. 10.01.2024)
12 . SRI.KRISHNAPPA S/O MUNISHAMAPPA AGED 70 YEARS, 13 . SRI MANJUNATH N S/O NARAYANASWAMY G P AGED ABOUT 49 YEARS
14 . SMT LAKSHMIDEVAMMA D/O BAIRANNA AGED ABOUT 37 YEARS PETITIONER NOS. 8 TO 14 ARE R/O DODDAGOLLAHALLI VILLAGE KUNDANA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL - 562110.
15 . SRI RAMANJINAPPA S/O DODDAMUNISHAMAPPA AGED ABOUT 62 YEARS (DISMISSED AS WITHDRAWN V/C/O DT. 20.06.2023) 16 . SRI ASHWATHAPPA S/O MUNIVENKAPPA AGED ABOUT 52 YEARS (DISMISSED AS WITHDRAWN V/C/O DT. 20.06.2023)
17 . SRI GOPAL S/O LATE MUNIVENKATAPPA AGED ABOUT 52 YEARS (DISMISSED AS WITHDRAWN V/C/O DT. 20.06.2023)
18 . SMT YALLAMMA W/O VENKATAPPA AGED ABOUT 70 YEARS (DISMISSED AS WITHDRAWN V/C/O DT. 18.11.2023)
19 . SMT MUNIYAMMA D/O THIPPAIAH AGED ABOUT 77 YEARS
20 . SRI NAGARAJU S/O MUNIANJINAPPA AGED ABOUT 59 YEARS PETITIONER NOS.15 TO 20 ARE RESIDENTS OF KONAGHATTA VILLAGE DODDABALLAPUR TALUK BENGALURU RURAL DISTRICT-561203.
...PETITIONERS (BY SRI. SANJAY KRISHNA V., ADVOCATE)
AND
1 . UNION OF INDIA REPRESENTED BY ITS SECRETARY DEPARTMENT OF INFORMATION AND TECHNOLOGY MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY ELECTRONICS NIKETAH 6 C G D COMPLEX LODHI ROAD, NEW DELHI 110003
2 . STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT COMMERCE AND INDUSTRIES DEPARTMENT VIKASA SOUDHA, BENGALURU 560001
3 . SPECIAL LAND ACQUISITION OFFICER -2 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ( KIADB)
NO.39, SHANTIGRUHA , 4th FLOOR, BHARATH SCOUTS AND GUIDES BUILDING, PALACE ROAD, BENGALURU 560 001
4 . KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BAORD ( KIADB)
REP BY ITS CHIEF EXECUTIVE OFFICER
4th AND 5th FLOOR, EAST WING KHANIJA BHAVAN RACE COURSE BENGALURU 560 001
5 . STATE OF KARNATAKA REP BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT DEPARTMENT OF ELECTRONICS INFORMATION TECHNOLOGY BIOTECHNOLOGY, SCIENCE AND TECHNOLOGY MS BUILDINGS BENGALURU 560 001 ……RESPONDENTS (BY SRI. DESAI SHARANABASAPPA VIRANNA, CGC FOR R1 SRI.MOHAMMED JAFFAR SHAH, AGA FOR R2 & R5 SRI. K. SHASHI KIRAN SHETTY, SR. COUNSEL FOR SMT. ANUPARNA BORDOLOI, ADVOCATE FOR R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION VIDE ANNEXURE-D ISSUED BY R-2 UNDER SECTION 3(1) AND 28(1) OF THE KIAD ACT BEARING NO.CI 443 SPQ 2009 BENGALURU ORDER DTD.9.6.2010 IN SO FOR THE EXTENT OF LANDS OF THE PETITIONERS ARE CONCERNED AND ETC., IN WP 12961/2023 BETWEEN
1 . SRI. HANUMANTHARAYAPPA S/O MUNISHAMAPPA, AGED ABOUT 63 YEARS, R/AT BEERASANDRA VILLAGE, VISHWANATHAPURA PANCHAYATHI, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110.
2 . SRI NARASHIMHAIAH B M., S/O LATE MARINAJAPPA, AGED ABOUT 63 YEARS, R/AT BEERASANDRA VILLAGE, VISHWANATHAPURA PANCHAYATHI, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110.
...PETITIONERS (BY SRI. AJAY J NANDALIKE, ADVOCATE)
AND
1 . UNION OF INDIA REP BY ITS SECRETARY, DEPARTMENT OF INFORMATION AND TECHNOLOGY, MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY, ELECTRONICS NIKETAN, 6 CGO COMPLEX, LODHI ROAD, NEW DELHI-110003.
2 . STATE OF KARNATAKA REP BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, COMMERCE AND INDUSTRIAL DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001.
3 . KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD(KAIDB)
REP BY ITS CHIEF EXECUTIVE OFFICER, 4TH AND 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001.
4 . SPECIAL LAND ACQUISTION OFFICER-2 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD(KAIDB), NO.39, SHANTIGRUA, 4TH FLOOR, BHARAT SCOUTS AND GUIDES BUILDING, PALACE ROAD, BENGALURU-560001.
…..RESPONDENTS (BY SRI.KUMAR M.N. CGC FOR R1 SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2 SRI. K. SHASHI KIRAN SHETTY, SR. COUNSEL FOR SMT. ANUPARANA BORDOLOI, ADVOCATE FOR R3 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE TWO NOTIFICATIONS ISSUED UNDER SECTION 3(1) AND 1(3) OF KIAD ACT AND PRELIMINARY NOTIFICATION ISSUED U/S 28(1) OF THE KIAD ACT ALL THE THREE DTD 18.03.2022 AND ALL THE THREE BEARING NOCI 198 SPQ(E) 2021 RESPECTIVELY VIDE ANNEXURE-D, D1 AND D2 ISSUED BY R2 AND ETC.
THESE WRIT PETITIONS ARE HAVING BEEN HEARD AND RESERVED ON 19.01.2024 AND COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY, R.DEVDAS. J., MADE THE FOLLOWING:
COMMON ORDER
Since these writ petitions are filed seeking to quash the acquisition notifications dated 09.06.2010 and 25.05.2022 issued under Sections 3(1) and 28(4) of the Karnataka Industrial Areas Development Act, 1966, (for short ‘the Act’) these matters were clubbed, heard together and are being disposed of by this common order.
2. The undisputed facts are that the impugned notifications were issued for acquisition of lands for formation of an industrial area at the hands of the Karnataka Industrial Areas Development Board. The main contention of the petitioners, who are the land owners, is that the mandatory requirement of consideration of the objections filed by the land owners has not been compiled by the Special Land Acquisition Officer (for short ‘ SLAO’). It is contended that orders have been passed by the State Government contrary to the requirements of sub- section (3) of Section 28 of the Act. In this regard, attention of this Court is also drawn to two circulars dated 03.03.2007 and 18.03.2013, to contend that the State Government had issued directions that the KIADB shall not propose acquisition of fertile lands, garden lands, which have crops for atleast two previous years. It is contended that the petitioners herein have filed objections along with material to show that the lands in question are fertile lands where crops have been grown atleast two years prior to the issuance of the notification. In some of the objections it was brought to the notice of the SLAO that there are standing trees which would clearly indicate that the lands are fertile lands/garden lands and therefore in terms of the guidelines issued by the State Government the lands belonging to the petitioners herein should have been dropped from the acquisition proceedings. It was also contended that it is mandatory on the part of the SLAO to have personally inspected the lands in question to find out the truth of the contentions raised by the petitioners, as to whether the lands are fertile lands etc.
3. In this regard, reliance is sought to be placed on a decision of this Court in the case of Sri Anil Amencherla /vs./ The State of Karnataka and others - 2013 SCC OnLine KAR 6457, wherein it was held that the note or recommendation of the SLAO in terms of Section 28(3) should reflect the subjective satisfaction of the SLAO of having inspected the lands and his findings on the factual information. Further, the State Government is required to apply its mind and consider the factual information given by the SLAO along with the objections of the land owners and pass a reasoned order, as required under Section 28(3) of the Act. It is submitted on behalf of the land owners that this Court has upheld such contentions putforth by the land owners and quashed the acquisition notifications for non-compliance of the mandatory requirement under Section 28(3)of the Act. Reliance is also placed on a decision of a Division Bench of this Court in KIADB /vs./Dyavamma and another- 2022 SCC OnLine KAR 739, wherein it was held that the order passed by the State Government under Section 28(3) only contains the conclusion and has been passed in a cryptic and cavalier manner. The decision of a learned single judge of this court was upheld while quashing such acquisition notification. The learned counsels would add that the matter may be remanded back for fresh enquiry under Section 28(3) of the Act, as was done in the case of Dyavamma (supra), to afford an opportunity of hearing to the landlord having regard to the valid objections raised.
4. It was also contended that there has been inordinate delay in passing the final notification under Section 28(4). The preliminary notification was issued on 09.06.2010 for an extent of 2072 acres 24 guntas. Final notification under Section 28(4) was issued in respect of 867 acres 37 guntas on 25.05.2022. Learned counsels for the petitioners would submit that although there is no time limit prescribed for issuing final notification
