Karnataka High Court
K. Devaraju vs State Of Karnataka on 11 September, 2024
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WP No.17039 of 2022 &
CONN. MATTERS
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,
Digitally signed by KASABA HOBLI, MALUR TALUK,
H K HEMA KOLAR DISTRICT-563 130.
Location: High
Court of ...PETITIONER
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.
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WP No.17039 of 2022 &
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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
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WP No.17039 of 2022 &
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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.)
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WP No.17039 of 2022 &
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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
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WP No.17039 of 2022 &
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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
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WP No.17039 of 2022 &
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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.)
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WP No.17039 of 2022 &
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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
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WP No.17039 of 2022 &
CONN. MATTERS
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
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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
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NC: 2024:KHC:37160 WP No.17039 of 2022 & CONN. MATTERS 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.
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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
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NC: 2024:KHC:37160 WP No.17039 of 2022 & CONN. MATTERS 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 the factors that needs to be considered while acquiring or leaving out the property from acquisition. Though it is not mandatory, the same has to be taken note of while the Special Land Acquisition Officer passes an order under Section 28(3) of KIAD Act.
7. In the instant case, the petitioner had already filed an application for conversion of land for residential purposes and further contends that the same is situated within 100 meters from Gramatana Limits. It is noticed that the property is at the edge of the industrial area planned by the KIADB. The petitioner has filed his objections before the Special Land Acquisition Officer bringing these factors to his notice. However, recommendation of the Special Land Acquisition Officer clearly shows that he has not considered any of these
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NC: 2024:KHC:37160 WP No.17039 of 2022 & CONN. MATTERS aspects while rejecting objections of the petitioner and recommended the land for acquisition. For the said reasons, final Notification, which is passed in pursuance of the order of the Special Land Acquisition Officer under Section 28(3) of KIAD Act is liable to be set-aside and the matter requires to be remanded back to the Special Land Acquisition Officer for fresh consideration. Hence, the following:
ORDER
(i) The writ petition is allowed;
(ii) The final notification dated 02.06.2022 bearing No.CI 250 S.PQ (E) 2020 (Annexure-N to the writ petition) insofar as it relates to the land of the petitioner, which is the subject matter of the writ petition is concerned, is hereby set-aside;
(iii) The order dated 10.12.2021 passed under Section 28(3) of the KIAD Act by respondent no.3 (Annexure-M to the writ petition) insofar as it relates to the land of the petitioner, which is the subject matter of the writ petition is concerned, is hereby set-aside;
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(iv) The matter stands remanded back to respondent no.3 for fresh consideration and passing appropriate orders; and
(v) Petitioner is given liberty to file additional objections, if any, in respect of the land concerned and the same shall be done on 14.10.2024 at 11:00 a.m.;
(vi) Pending I.As., if any, stand disposed of. In W.P.No.20229/2022
1. The lands which are the subject matter of the writ petition have also been notified for acquisition for the purpose of KIADB in the same notification as that of the land which is the subject matter in W.P.No.17039/2022.
2. In the instant case, the lands of the petitioners are agricultural in nature and no application has been made for converting the same for non-agricultural purposes before issuance of the preliminary notification. Further, the petitioners have filed an application for amendment of the writ petition wherein an alternative prayer is sought where it is prayed that a direction be issued to the authorities concerned to award adequate compensation.
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3. As the lands are necessarily agricultural in nature and an alternative prayer is made by the petitioners for award of proper compensation, I do not see it as a fit case to set aside the notifications acquiring the said land. As far as the compensation to be awarded, it is needless to state that the Special Land Acquisition Officer will consider all factors before determining the compensation and if the petitioners are not satisfied by the same, they are always at liberty to approach the Reference Court for enhancement of compensation in the manner known to law.
4. For the aforementioned reasons, W.P.No.20229/2022 is hereby dismissed. Pending IAs., if any, stand disposed of. In W.P.No.3286/2023
1. In the instant case, the lands concerned have been converted for non-agricultural purpose way back in the year 2014 itself and without taking the same into consideration the Special Land Acquisition Officer has recommended for acquisition. The facts clearly reveal that the order under Section 28(3) of KIAD Act has been passed without application of mind. For the said reason, final notification, which is passed in pursuance of the order of the Special Land Acquisition Officer
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NC: 2024:KHC:37160 WP No.17039 of 2022 & CONN. MATTERS under Section 28(3) of KIAD Act is liable to be set-aside and the matter requires to be remanded back to the Special Land Acquisition Officer for fresh consideration. Hence, the following:
ORDER
(i) The writ petition is allowed;
(ii) The final notification dated 02.06.2022 bearing No.CI 250 S.PQ (E) 2020 (Annexure-B to the writ petition) insofar as it relates to the lands of the petitioners, which are the subject matter of the writ petition is concerned, is hereby set-aside;
(iii) The order passed under Section 28(3) of the KIAD Act by the Special Land Acquisition Officer insofar as it relates to the lands of the petitioners, which are the subject matter of the writ petition is concerned, is hereby set-aside;
(iv) The matter stands remanded back to the jurisdictional Special Land Acquisition Officer for fresh consideration and passing appropriate orders;
and
(v) Petitioners are given liberty to file additional objections, if any, in respect of the lands concerned
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NC: 2024:KHC:37160 WP No.17039 of 2022 & CONN. MATTERS and the same shall be done on 14.10.2024 at 11:00 a.m.;
(vi) Pending I.As., if any, stand disposed of. In W.P.No.4158/2023
1. In the instant case, the land of the petitioner is agricultural in nature. The contention of the petitioner is that he has no other source of income other than the said land and he has constructed a house on the land. On the said grounds, it is prayed that the acquisition be set aside.
2. Per contra, learned counsel for the KIADB submits that the land where the house of the petitioner is situated is excluded from acquisition and there is no reason for leaving out the rest of the land from acquisition and prays for dismissal of the petition.
3. Admittedly, the land where the house of the petitioner is situated is not acquired. The remaining land is agricultural in nature and KIADB is of the opinion that the same is required for setting up an industrial area. I do not see any reason to interfere in the decision of the State to acquire the property. Hence, the writ petition is hereby dismissed.
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NC: 2024:KHC:37160 WP No.17039 of 2022 & CONN. MATTERS In W.P.No.5157/2023
1. In the instant case also, the lands of the petitioner have been converted for non-agricultural purpose in the year 2016. Ignoring the said fact, the lands are sought to be acquired in the year 2020. The material on record shows that the order under Section 28(3) of the KIAD Act is passed by the jurisdictional Special Land Acquisition Officer without application of mind and without considering the valid objections raised by the petitioners. For the said reason, final notification, which is passed in pursuance of the order of the Special Land Acquisition Officer under Section 28(3) of KIAD Act is liable to be set-aside and the matter requires to be remanded back to the Special Land Acquisition Officer for fresh consideration. Hence, the following:
ORDER
(i) The writ petition is allowed;
(ii) The final notification dated 21.01.2023 bearing No.CI 156 S.PQ (E) 2020 (Annexure-G to the writ petition) insofar as it relates to the lands of the petitioner, which are the subject matter of the writ petition is concerned, is hereby set-aside;
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(iii) The order passed under Section 28(3) of the KIAD Act by respondent no.2 insofar as it relates to the lands of the petitioner, which are the subject matter of the writ petition is concerned, is hereby set- aside;
(iv) The matter stands remanded back to respondent no.2 for fresh consideration and passing appropriate orders; and
(v) Petitioner is given liberty to file additional objections, if any, in respect of the lands concerned and the same shall be done on 14.10.2024 at 11:00 a.m. Sd/-
(M.I.ARUN) JUDGE AV/hkh.
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