Case Note & Summary
The petitioner, Sri B.C. Lokesh, challenged the acquisition of his 2-acre land in Sy.No.176 of Bagaluru Village, Yelahanka Taluk, Bengaluru Urban District, by the State of Karnataka under the Karnataka Industrial Areas Development Act, 1966 (KIADB Act). The final notification dated 10.10.2022 was issued under Section 28(4) of the Act. The petitioner contended that despite filing objections to the preliminary notification, he was not afforded a personal hearing by the Special Deputy Commissioner or the State, violating the mandatory requirement of Section 28(4). The respondents argued that the petitioner had participated in the proceedings and that the hearing was not mandatory. The court analyzed Section 28(4), which states that after considering the objections and after making such inquiry as it may deem necessary, the State Government may issue the final notification. The court held that the phrase 'after making such inquiry' implies a duty to hear the objector personally, especially when the objections raise factual disputes. Since no personal hearing was given, the final notification was quashed. The court allowed the writ petition, setting aside the notification insofar as it related to the petitioner's land, with liberty to the respondents to proceed afresh after providing a hearing.
Headnote
A) Land Acquisition - KIADB Act - Section 28(4) - Personal Hearing - The final notification under Section 28(4) of the Karnataka Industrial Areas Development Act, 1966 is invalid if the authority fails to provide a personal hearing to the landowner who filed objections, as the provision mandates consideration of objections and a hearing. The court held that the requirement of hearing is mandatory and non-compliance vitiates the acquisition. (Paras 1-5)
Issue of Consideration
Whether the final notification under Section 28(4) of the Karnataka Industrial Areas Development Act, 1966 is valid when the acquiring authority failed to provide a personal hearing to the landowner despite objections being filed.
Final Decision
Writ petition allowed. Final notification dated 10.10.2022 issued under Section 28(4) of KIADB Act is quashed insofar as it relates to petitioner's land. Respondents are at liberty to proceed afresh after providing an opportunity of hearing to the petitioner.
Law Points
- Land acquisition
- KIADB Act
- Section 28(4)
- personal hearing
- natural justice
- mandatory requirement
- final notification
- quashment
