Karnataka High Court
Mr Raymond Crasto vs The State Of Karnataka on 25 June, 2012
Author: S.Abdul Nazeer
Bench: S. Abdul Nazeer
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY OF JUNE 2012
BEFORE
THE HON'BLE MR.JUSTICE S. ABDUL NAZEER
WRIT PETITION NO.16627/2012 (LA-KIADB)
Between:
Mr.Raymond Crasto,
S/o Francis Crasta,
Aged about 72 years,
R/o Narla Padavu, P.O.Ganjimutt,
Mogaru Village, Mangalore Tq.,
Mangalore, presently r/a
Tranquil Heights Apartments,
Arya Samaj Road,
Mangalore - 575 003. .... Petitioner.
(By M/s Anandarama, Prashanth & Vikram, Advs.)
And:
1 The State of Karnataka,
Commerce and Industries Department,
Vidhana Soudha,
Bangalore - 575 001,
Reptd. by Secretary to Government.
2 Karnataka Industrial Area Development Board,
No.14/3, 2nd Floor, R.P.Bldg.,
Bangalore - 560 001,
Reptd. by its Chief Executive Officer.
2
3 The Special Land Acquisition Officer,
Karnataka Industrial Area Development Board
(KIADB), Bykampady,
Mangalore, D.K. 575 011. .... Respondents.
(By Sri H.T. Narendra Prasad, HCGP for R1
Sri Basavaraj V.Sabarad, Adv.for R2 & R3)
---
This Writ Petition is filed under Articles 226 & 227 of the
Constitution of India, praying to direct R1 to publish a notification
under Section 4 of the Karnataka Industrial Area Development
Board Act, 1966, in the official gazette withdrawing acquisition in
respect of Sy.Nos.53, 61/1, 62/1A and 67/3 to the extent of 3.60
acres, 2.56 acres, 3.06 acres and 4 acres respectively belonging to
the petitioner situated at Mogaru Village of Mangalore Taluk, etc.
This Writ Petition coming on for Preliminary Hearing this
day, the Court passed the following:
ORDER
In this case, petitioner has sought for a writ of mandamus directing respondent No.1 to withdraw the lands bearing Sy.Nos.53, 61/1, 62/1A and 67/3 to an extent of 3.60 acres, 2.56 acres, 3.06 acres and 4 acres respectively situated at Mogaru Village of Mangalore Taluk, from acquisition. 3
2. Learned Counsel for the petitioner submits that the petitioner has filed the applications at Annexure 'G' and 'M' requesting the competent authorities to withdraw the lands from acquisition. In Annexure 'G', the petitioner has requested the Special Land Acquisition Officer of the Karnataka Industrial Areas Development Board ('Board' for short) to withdraw the lands from acquisition. Annexure 'M' is a notice issued by the learned Advocate for the petitioner dated 24.2.2012 calling upon the Chief Executive Officer and the Special Land Acquisition Officer of the Board and also the Chief Secretary of the Government of Karnataka for issuing de-notification in respect of the lands in question. The notifications under Section 3(1) of the Karnataka Industrial Area Development Act (for short 'the Act') for declaration of an industrial area and the notification issued under Section 28(1) ofb the Act for proposing to acquire the land were issued by the State of Karnataka, Department of Commerce and Industries. The application referred to above seeking de- notification of the lands has not been made to the competent 4 authority. Therefore, I decline to entertain this writ petition. It is accordingly dismissed reserving liberty to the petitioner to make an application to the competent authority for appropriate reliefs. All the contentions are kept open. No costs.
Sd/-
JUDGE.
BMM/-