JENET SHAKUNTHALA MABEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this Writ Petition, petitioners have questioned the Notification dated 21. 5. 1998 produced at Annexure- 'h' issued under section 28 (1) of the Karnataka Industrial Area Development Act, (hereinafter referred to as 'the Act') and Notification dated 9. 10. 2006 produced at Annexure - 'k' issued under Section 28 (4) of the Act, and for restraining respondents No. 5 and 6 from setting up of ash pond in the petitioners land and further to conduct the study on the impact of dumping ash and for injunction restraining respondents No. 1, 2 to 4 from taking possession.

(2.) RESPONDENT No. 1- State initiated acquisition proceedings for the benefit of respondent No. 3 through respondents No. 2 and 4. Respondent no. 3 has proposed to establish a Coal Thermal Power Project in State of karnataka and in this regard the State has sought to acquire lands for the said purpose. In this Writ Petition, the lands sought to be acquired is for formation of ash pond.

(3.) THOUGH initially under the preliminary notification issued under section 28 (1) of the KIDB Act, land measuring 509 acres and 76 cents was proposed, however, by the final notification under Section 28 (4) of the act, the acquisition was confined only to the extent of 132 acres 36 cents.