Karnataka High Court
Smt Sharadamma vs The State Of Karnataka on 17 November, 2023
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2023:KHC:41113
WP No. 7602 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
WRIT PETITION NO. 7602 OF 2022 (LA-KIADB)
BETWEEN:
1. SMT. SHARADAMMA,
D/O SRI ASAVISHAPPA,
AGED ABOUT 72 YEARS,
R/O BILLANAKOTE,
GEDDALAHALLI VILLAGE,
BILLANAKOTE,
BANGALORE RURAL DISTRICT,
BANGALORE 562 111.
2. SRI GANGAIAH,
S/O CHIKKASIDDIAH,
AGED ABOUT 71 YEARS,
R/O BILLANAKOTE,
GEDDALAHALLI VILLAGE,
BILLANAKOTE,
BANGALORE RURAL DISTRICT,
BANGALORE 562 111.
3. SRI SIDDARAJU S.,
S/O SIDDAGANGAIAH,
Digitally signed by AGED ABOUT 44 YEARS,
GEETHAKUMARI R/O BILLANAKOTE,
PARLATTAYA S
GEDDALAHALLI VILLAGE,
Location: High BILLANAKONTE,
Court of Karnataka
BANGALORE RURAL DISTRICT,
BANGALORE 562 111.
4. SRI GANGAYYA,
S/O GANGANARASAYYA,
AGED ABOUT MAJOR,
NELEMANGALA TALUK,
GEDDALAHALLI, BILLANAKOTE,
BANGALORE RURAL DISTRICT - 562 111.
5. SRI KRISHNAPPA,
S/O GANGANARASAYYA,
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NC: 2023:KHC:41113
WP No. 7602 of 2022
AGED ABOUT 47 YEARS,
NELAMANGALA TALUK,
GEDDALAHALLI, BILLANAKOTE,
BANGALORE RURAL DISTRICT - 562 111.
6. SRI PRAKASH,
S/O GANGANARASAYYA,
AGED ABOUT 48 YEARS,
R/O GEDDALAHALLI,
BILLANAKOTE
BANGALORE RURAL DISTRICT 562 111.
7. SRI KRISHNAIAH,
S/O LATE SIDDALINGAIAH,
AGED ABOUT 53 YEARS,
NELAMANGALA TALUK,
GEDDALAHALLI, BILLANAKOTE,
BANGALORE RURAL DISTRICT - 562 111.
8. SRI NAGARAJU,
S/O LATE SIDDALINGAIAH,
AGED ABOUT 57 YEARS,
R/O BILLANAKOTE,
GEDDALAHALLI VILLAGE,
BANGALORE 562 111.
9. SRI SURESH S.,
S/O SIDDALINGAIAH,
AGED ABOUT 39 YEARS,
R/O #06, SOMPURA HOBLI,
NELAMANGALA TALUK,
GEDDALAHALLI,
BILLANAKOTE,
BANGALORE RURAL DISTRICT - 562 111.
...PETITIONERS
[BY SRI SAGAR B.B., ADVOCATE (VC)]
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF INDUSTRIES
AND COMMERCE, VIDHANA SOUDHA,
BANGALORE 560 001,
REP. BY ITS SECRETARY.
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NC: 2023:KHC:41113
WP No. 7602 of 2022
2. THE CHIEF EXECUTIVE OFFICER/
EXECUTIVE MEMBER,
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
KHANIJA BHAVAN,
RACE COURSE ROAD,
BANGALORE 560 001.
3. THE DEVELOPMENT OFFICER/
EXECUTIVE ENGINEER,
KIADB, NELAMANGALA DIVISION
NO. 14/3, 2ND FLOOR,
ARVIND BHAVAN,
NRUPATHUNGA ROAD,
BANGALORE 560 001.
...RESPONDENTS
(BY SRI MANJUNATH RAYAPPA, AGA FOR R1;
SRI ASHOK N. NAYAK, ADVOCATE FOR R2 & R3)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED
INDUSTRIAL PLAN OF BLOCK 1 TO 7A IN DOBASPET, 5TH PHASE
INDUSTRIAL AREA (BULK ALLOTMENT), SOMPURA HOBLI,
NELAMANGALA TALUK, BENGALURU DISTRICT PREPARED BY THE 2ND
AND 3RD RESPONDENTS VIDE ANNEXURE-H ONLY IN SO FAR AS THE
PLOT BEARING NOs.338, 339, 340, 351, 352 AND 353 OF THE
PETITIONERS ARE CONCERNED AND ETC.,
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed for following reliefs:
i) Issue a Writ of Certiorari quashing the impugned industrial plan of Block - 1 to 7 in Dobaspet, 5th phase Industrial Area (Buk Allotment), Sompura Hobli, Nelamangala Taluk, Bengaluru District prepared by the 2nd and 3rd respondents vide Annexure H only insofar as the Plot bearing No's 338, 339, 340, 351, 352 and 353 of petitioners are concerned in the interest of justice and equity etc. -4- NC: 2023:KHC:41113 WP No. 7602 of 2022
2. Sri Sagar B.B., learned counsel for petitioners submitted that petitioners were owners of different portions and extents of land in Sy.no.14 and 15 of Geddalahalli village, wherein they had constructed dwelling houses, temple and also cultivating land. Though, respondents had issued Preliminary and Final notifications under provisions of Karnataka Industrial Area Development Act ('KIAD Act' for short), proposing to acquire vast extent of lands in and around Nelamangala Taluk, including Geddalahalli village, lands belonging to petitioners were not notified. Endorsements were also issued to effect that petitioner's lands were not acquired as per Annexures - G to G2. However, in map prepared for industrial layout, land belonging to petitioners was also included. Aggrieved thereby, present writ petition is filed.
3. On other, hand Sri Manjunath Rayappa, learned AGA for respondent no.1 and Sri Ashok N. Nayak, learned counsel for respondents no.2 and 3 submitted that with intention to develop Dabaspet V-Phase industrial area, Preliminary Notification was issued on 29.12.2012 and Final Notification on 31.08.2018 to acquire 839 acres 36 guntas of land in several survey numbers and villages including Kengal -5- NC: 2023:KHC:41113 WP No. 7602 of 2022 Kempohalli, Gottigere, K.G.Srinivasapura, Baragenahalli, Machanahalli, Yedehalli, Billanakote, Avverahalli and Honnehalli. Said acquisition was completed and possession handed over to Development Officer, KIADB, on 09.07.2019. Thereafter additional land to extent of 273 acres 22 3/4 guntas was notified in above mentioned villages. However, as per survey sketch, prepared by SLAO and surveyor, it was found that land bearing Sy.nos.14, 15/3, 15/4, 15/5, 15/7, 15/8 and 15/9 of Geddalahalli village were not acquired nor possession taken. Therefore, it was submitted that fresh layout map excluding above mentioned survey numbers would be prepared after obtaining approval from Board. In view of above position, since no legal right of petitioners were infringed, learned counsel sought for dismissal of writ petition.
4. Heard learned counsel and perused writ petition record.
5. From above submission, only grievance of petitioners being wrongful inclusion of their lands in layout map of industrial area without acquisition, is stated to be redressed by preparation of revised layout map after obtaining approval -6- NC: 2023:KHC:41113 WP No. 7602 of 2022 from Board, direction sought for by petitioners need not be issued.
Taking note of statement of respondents that fresh layout plan would be prepared excluding petitioners' lands after obtaining approval of Board, Writ petition is disposed of.
Sd/-
JUDGE psg*