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J U D G M E N T CIVIL APPEAL NO 1979 / 2008 (arising out of SLP) No. 21826/2007) HARJIT SINGH BEDI,J.

1. Leave granted.

2. This appeal arises out of the following facts.

3. The 3rd respondent, the Karnataka Industrial Area Development Board (hereinafter called the 'Board') issued a Notification dated 6th April 2004 under Section 28(1) of the Karnataka Industrial Area Development Board Act, 1966 (for short the 'Act') proposing acquisition of land bearing serial Nos. 114,115 and 116 in village Kannamangala for the purpose of constructing a trumpet interchange and access road from National Highway No. 7 to the Bangalore Airport. This land was notified for acquisition on the basis of a comprehensive feasibility report submitted by the Technical Consultant for the project, Sikon Private Ltd. The Karnataka State Industrial Investment and Development Corporation (for short "KSIIDC") in the meantime proposed a change in the location of the trumpet interchange and the access road on the ground that only 53 Acres of land needed for these two projects whereas the Notification was dated 6th April 2004 pertaining to 80 acres and 27 gunthas was far in excess of the requirement and therefore suggested reconsideration of the matter. Vide letter dated 24th August 2004 the Bangalore Airport Ltd. informed the KSIIDC that the proposed location of the trumpet interchange and the access road was final and that there was no reason to make a change in their alignment. Notwithstanding the aforesaid communication the Board issued a fresh Notification under section 28(1) of the Act on 5th December 2005 releasing the land proposed to be acquired by the earlier Notification dated 6th April, 2004, and proposing acquisition of the land bearing serial Nos.118-119. The appellants who had in the meanwhile purchased the aforesaid land vide two Registered Sale Deeds dated 23rd and 26th November 2005 appeared in the enquiry under Section 28(3) of the Act before the second respondent i.e. the Special Land Acquisition Officer and submitted their objections, inter-alia, pointing out that the land now notified for acquisition had been converted to non-agricultural use by orders of the Revenue Authorities and that they proposed to put up a commercial complex at that place. They also pointed out that that there were other alternative Government lands available for construction of the trumpet interchange and access road which could be utilized thus sparing the lands of the appellants from acquisition. The second respondent, however, overruled the objections on various grounds particularly highlighting that the change had been necessitated as the earlier proposal had not been found to be technically sound. The Board also issued a notification dated 3rd June 2006 under section 28(4) of the Act acquiring the land belonging to the appellants. The appellants thereupon filed a writ petition challenging the acquisition primarily on the ground that a large chunk of Government land was available which could be utilized and that the acquisition of private land was therefore not justified. It was also pleaded that the second respondent had not given a personal hearing to the appellants as envisaged under section 28(3) of the Act and that the reports submitted by the said respondent to the State Government did not adequately meet the issue raised before him. It was also submitted that the acquisition was motivated by malafides as there were no sound and technical reasons for the sudden change in the alignment that was now proposed. The learned Single Judge in his judgment and order of 9th August 2007 found that the allegations of malafide had not been made out and the contention that the personal hearing envisaged under section 28(3) of the Act had not been given also deserved to be rejected. The learned Judge also opined that the change had been necessitated on account of technical reasons and having held as above, dismissed the writ petition. The matter was then taken in appeal before the Division Bench. Similar arguments were raised before the Bench which in its judgment dated 20th September 2007 held as under:

"Trumpet Interchange (TI) & Access Road:
The earlier proposal envisaged acquisition of 80 acres 27 guntas of land for TI and Access Road from the National Highway upto the airport boundary based on the detailed study conducted by Bangalore International Airport Ltd. (BIAL) in consultation with the National Highway Authority of India (NHAI). However, at the time of physical survey of the land, certain adverse ground conditions and difficulties such as existence of large pond in the alignment of the access road were encountered. This necessitated change in the alignment of the access road and in turn, the location of the TI. In the meanwhile, the issue of construction TI through NHAI was discussed in the meeting at the Prime Minister's Office on 29.11.2004 and also in the meeting convened at NHAI on 8.12.2004. Based on the decisions taken in these meetings, NHAI appointed International Consultants and Technocrats Pvt. Ltd. (ICT) to carry out the General Alignment Drawing (GAD) as well as DP for the TI. Accordingly, GAD and a draft DPR have been prepared by CT and submitted to NHAI. Based on these NHAI has confirmed the details of coordinates of proposed right of way (PROW) for land acquisition purpose and set out data for accommodating two future railway tracks. A copy of the letter dated 06.7.2005 received from NHAI in this regard, is enclosed for ready reference (Enclosure-I) .
12. With regard to the averments made in para 4.9 of the Writ Petition, it is not correct to say that the lands covered under Annexure-J to the Notification dated 7.4.2004 and the lands now being acquired are adjacent to each other. The lands being acquired now are at a distance of about 350 meters away from the lands notified earlier. The lands covered in the Preliminary Notification mentioned in Annexure-J were proposed to be acquired based on the tentative requirements indicated by BIAL in its letter dated 2nd December 2002 and a copy of the same is herewith produced and marked as Annexure R6. After issuance of Preliminary Notification, a letter was addressed to BIAL requesting to review thoroughly the scheme and reconfirm the access road alignment, TI position and the corresponding actual/exact extent of land required therefore to initiate final action towards acquisition of the required additional lands. Subsequently a team comprising of the Chief Executive Officer and the Head Technical of Bangalore International Airport Limited, a representative of KSIIDC and the local revenue officials visited the site on 1st September 2004 and during the said visi, it was noticed that there were certain adverse ground conditions and difficulties such as existence of a large pond in the alignment of the access road, regarding existence of pond and the map are produced herewith and marked as Annexures R1 & R8 respectively. Thus, this aspect has necessitated marginal change in alignment of the access road and in turn the location of the TI.
13. It is submitted that the petitioner refers to the 1st Survey Report of Secon dated 27.11.2002 (Annexure H) to the Writ Petition but makes no reference to the 2nd Revised Report of Secon dated 30.3.2005 (Annexure R-2 to this Statement of Objections). In the Preliminary Notification dated 7.4.2004, a total extent of 242 acres 27.5. guntas of land covering 7 villages viz. Begur, Hikkanahlli, Mylanahalli, and Gangamuthanahalli were published. In letter dated 23.8.2004 of KSIIDC the BIAL was requested to reconfirm the alignment of access road/Trumpet Interchange. As already stated at para  12, at the request of KSIIDC a joint inspection by a team comprising of the Chief Executive Officer and the Head Technical of BIAL, representative of KSIIDC and the local revenue officials was done. During the visit it was observed that there were certain adverse ground condition and difficulties such as existence of a large pond in the alignment of the access road (Annexure R-3). Accordingly, the Secon furnished the revised Survey Report on 30.3.2005 (Annexure R-2). BIAL in its letter dated 14.7.2005 confirmed the final coordinates, Survey Nos. extent of land etc. It was on the basis of this final plan for the TI that the KIADB issued impugned Notification dated 5.12.2005. Strangely, the writ petitioner has chosen not to bring these facts to the notice of the Hon'ble Court. These facts clearly indicate that the petitioner is stating the facts to mislead this Hon'ble Court.