P NARAYANAPPA Vs. STATE OF KARNATAKA
LAWS(SC)-2006-8-64
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on August 18,2006

P.NARAYANAPPA Appellant
VERSUS
STATE OF KARNATAKA Respondents





Cited Judgements :-

PEERAPPA HANMANTHA HARIJAN VS. STATE OF KARNATAKA [LAWS(SC)-2015-7-102] [REFERRED TO]
A ABDUL REHMAN KHAN VS. GOVERNMENT OF KARNATAKA [LAWS(KAR)-2011-6-70] [REFERRED TO]
ROY RODRIGUES VS. THE GOVERNMENT OF KARNATAKA [LAWS(KAR)-2021-1-158] [REFERRED TO]
B L JAGADISH VS. STATE OF KARNATAKA [LAWS(KAR)-2014-8-205] [REFERRED TO]
M R SUJATHA VS. KARNATAKA INDUSTRIAL AREAS [LAWS(KAR)-2014-3-451] [REFERRED TO]
SPECIAL LAND ACQUISITION OFFICER VS. STATE OF KARNATAKA [LAWS(KAR)-2007-10-57] [REFERRED TO]
GREGORY PATRAO VS. MANGALORE REFINERY AND PETROCHEMICALS LIMITED [LAWS(SC)-2022-7-25] [REFERRED TO]
ESSEX FARMS P LTD VS. UNION OF INDIA [LAWS(DLH)-2007-7-212] [REFERRED TO]
SRI H.N. SHIVANNA AND ORS. VS. THE STATE OF KARNATAKA, DEPARTMENT OF INUSTRIES AND COMMERCE AND KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD [LAWS(KAR)-2012-11-250] [REFERRED TO]
C PRAKASH VS. STATE OF KARNATAKA [LAWS(KAR)-2014-3-371] [REFERRED TO]
P. Narayanappa VS. State of Karnataka, The Karnataka Industrial Area Development Board, The Special Land Acquisition Officer and M/s. Royal Fragrances Private Limited [LAWS(KAR)-2013-3-165] [REFERRED TO]
H N SHIVANNA VS. STATE OF KARNATAKA [LAWS(KAR)-2012-11-102] [REFERRED TO]
Lakeview Tourism Corporation, No. 10/1, Lakshminarayana Complex, Ground Floor. Palace Road, Bangalore - 560 052. Represented by its Partner Sri. P. Dayanand Pai VS. The State of Karnataka, Represented by its Chief Secretary to Government, Vikasa [LAWS(KAR)-2012-11-122] [REFERRED TO]
S.N. Simha VS. The State of Karnataka, Represented by its Secretary, Commerce and Industries Department, Vikasa Soudha, Dr. Ambedkar Veedhi, Bangalore - 560001 and others [LAWS(KAR)-2012-10-176] [REFERRED TO]
SARBHA NAND CHELA SWAMI NITYA NAND VS. STATE OF HARYANA [LAWS(P&H)-2008-3-41] [REFERRED TO]
SATISH KUMAR GUPTA ETC. VS. STATE OF HARYANA & ORS. [LAWS(SC)-2017-2-50] [REFERRED TO]
M.S.P.L. LIMITED VS. STATE OF KARNATAKA [LAWS(SC)-2022-10-8] [REFERRED TO]
M. HOOLEPPA AND ORS. VS. THE STATE OF KARNATAKA AND ORS. [LAWS(KAR)-2014-3-308] [REFERRED TO]
KAKARAL RAVIKUMAR, KOPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2012-3-82] [RELIED ON]
VIKRAMJIT SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2010-4-102] [REFERRED TO]
CENTURY CENTRAL VS. STATE OF KARNATAKA [LAWS(KAR)-2014-4-23] [REFERRED TO]


JUDGEMENT

G. P. Mathur, J. - (1.)Leave granted.
(2.)These appeals, by special leave, have been filed challenging the judgment and order dated 6.4.2004 of a Division Bench of Karnataka High Court by which writ appeals filed by the appellants were dismissed and the judgment and order dated 28.1.2004 of the learned Single Judge dismissing the writ petitions was affirmed. The subject matter of challenge in the writ petitions were two notifications issued under Section 28(1) and 28(4) of Karnataka Industrial Areas Development Board Act, 1966 (hereinafter referred to as the Act).
(3.)The impugned notifications were issued for acquisition of land for establishment and development of industries by the Karnataka Industrial Areas Development Board. Before adverting to the contention raised by the learned counsel for the parties, it will be convenient to reproduce the impugned notifications. The first notification bears No.CI:289:SPQ:2001 and was issued on 10.12.2001, relevant part whereof, is reproduced below :
"INDUSTRIES AND COMMERCE SECRETARIAT

NOTIFICATION

NO:CI:289:SPQ:2001, Bangalore, Dated 10th Dec, 2001

The below mentioned lands specified are required for the State Government for establishment and development of industries by the Karnataka Industrial Areas Development Board.

With an intention of acquiring the lands notification is hereby published according to Section 28(1) (Act No.18 of 1966) of the Karnataka Industrial Areas Development Act, 1966.

According to Section 25 of the Act ......................... ..................................... (Omitted as not relevant)

From the date of publication of this notification ..... ................................................. (Omitted as not relevant)

The map of the lands comprised therein is kept in the office of the Special Land Acquisition Officer, KIADB."

The second notification under Section 28(4) of the Act bears No.CPMG/KA/BG-GPO/13/2003-05 and was issued on 23.10.2003. The relevant part of the notification is being reproduced below :

Notification under Section 28(4)

Where as it appears, to the State Government that the Lands are to be acquired specified in the schedule here to likely to be needed for the purpose stated in the notification No. CI-289 SPQ 2001 dated 10.12.2001 published in Karnataka Gazette part 3-1 pages 4 to 11 in exercise of powers conferred according to section 28(1) of the Karnataka Industrial Areas Development Board (Karnataka Act No. 18 of 1966).

The State Government is satisfied that Lands specified in the schedule of Notification be acquired for the purpose specified as such orders are passed according to section (3). In exercise of the powers conferred according to section 28(4) (Act No. 18 of 1966) of the Karnataka Industrial Areas Development Act, 1966 the Karnataka Government is acquiring said lands below for the purpose specified in the notification as such a declaration is made."
By the notification under Section 28(1) of the Act 110.30 acres of land was proposed to be acquired but by the notification under Section 28(4) of the Act, the acquisition was restricted to an extent of 106 acres 12.3/4 guntas of land. Some of the land owners had challenged the preliminary notification by filing writ petitions under Article 226 of the Constitution before the Karnataka High Court after orders had been passed under Section 28(3) of the Act. The writ petitions were allowed and the orders passed under Section 28(3) of the Act were quashed giving liberty to proceed with the acquisition from the stage of preliminary notification. Thereafter, the Land Acquisition Officer, after giving an opportunity of hearing to the landowners on the objections filed by them, passed a detailed order and then the notification under Section 28(4) of the Act was issued.


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