BABU MOULANA Vs. B N GOPINATH
LAWS(KAR)-2019-3-313
HIGH COURT OF KARNATAKA
Decided on March 06,2019

Babu Moulana Appellant
VERSUS
B N Gopinath Respondents


Referred Judgements :-

D.SHARANAPPA AND OTHERS VS. STATE OF KARNATAKA & OTHERS [REFERRED TO]
GOVERNMENT OF TAMIL NADU VS. VASANTHA BAI [REFERRED TO]
PUNE MUNICIPAL CORPORATION VS. HARAKCHAND MISIRIMAL SOLANKI [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. SUKHBIR SINGH & OTHERS [REFERRED TO]


JUDGEMENT

B.V.Nagarathna - (1.)Though these writ petitions are listed to consider I.A.No.1/17 seeking vacating of interim order dated 13/06/2016 filed by respondent Nos.2 to 4, with the consent of learned counsel on both sides, they are heard finally.
(2.)Petitioners have sought a declaration that the acquisition proceedings initiated under the provisions of the Karnataka Industrial Areas Development Act, 1966 (hereinafter referred to as "the KIAD Act") by issuance of Notification under Sections 28(1) of the KIAD Act bearing No.VKI:327:SPQ:2005 dated 06/02/2006 and Notification No.CI 743 SPQ 2007 dated 17/12/2007 (Preliminary and Final Notifications respectively) stand lapsed by virtue of application of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the 2013 Act") in respect of land measuring 1 acre 17 guntas in Sy.Nos.369 and 396, situated at Amani Bellandur Khane Village, Varthur Hobli, Bangalore East Taluk (hereinafter referred to as "the land in question"). The Notifications are produced at Annexures A and B respectively. It is the case of the petitioners that the land in question amongst other lands was sought to be acquired by respondent Nos.1 to 3/authorities for the purpose of setting up a sewerage treatment plant by respondent No.4/Bangalore Water Supply & Sewerage Board (BWSSB). Notification under Section 28(1) followed by a declaration and Final Notification under Section 28(4) of the KIAD Act were issued. Petitioners, being owners of the land in question, had initially filed W.P.Nos.6326- 6343/2009 before this Court assailing the said Notifications. The aforesaid writ petitions were dismissed by a learned single Judge by an order dated 29/07/2011. Being aggrieved by the order of learned single Judge, the petitioners herein preferred W.A.Nos.16026-16027/2011. The Division Bench, by judgment dated 16/04/2013, dismissed the writ appeals by confirming the order of learned single Judge dated 29/07/2011. Thereafter, petitioners preferred Special Leave Petition Nos.26299- 26304/2013 and 28675/2013 before the Hon'ble Supreme Court. The said special leave petitions were also dismissed by the Hon'ble Supreme Court by order dated 12/11/2014. Despite dismissal of special leave petitions, the petitioners filed review petition in R.P.No.1403/2014 before this Court, which was dismissed on 16/04/2015. Thereafter, Special Leave Petition No.1111/2015 was filed before the Hon'ble Supreme Court, which was also dismissed by order dated 19/08/2015. Subsequently, these writ petitions have been preferred seeking the aforesaid declaration under Section 24 of 2013 Act. According to the petitioners, in the instant case, the award in respect of the land in question has been passed on 10-11/12/2008, but the award amount has not been paid to the owners of the land in question nor deposited before the reference Court. That the petitioners have further submitted that they are in physical possession of the land in question as no notice under Section 28(6) of the KIAD Act has been issued and no order regarding the same has been passed. That there is no evidence of possession of the land in question having been taken by the respondents/authorities. Having regard to Section 24 of the 2013 Act, petitioners have sought a declaration as noted above, which is to the effect that the acquisition of the land in question has lapsed.
(3.)In response to the writ petition, statement of objections have been filed by respondent Nos.2, 3 and 4.
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