Case Note & Summary
The Karnataka Industrial Area Development Board (KIADB) and the Special Land Acquisition Officer appealed against an order of a learned Single Judge dated 12.02.2020 in W.P. No.34032/2019. The Single Judge had held that the preliminary notification dated 16.12.2006 and the notification under Section 28(3) of the Karnataka Industrial Areas Development Act, 1966, were abandoned and lapsed, and allowed the writ petition filed by the respondent society. The appellant No.1 is a Board constituted under Section 5 of the Act, engaged in promoting industrial development. The respondent No.1 is a society established for religious and charitable purposes for the benefit of the Christian community. The facts are that one Nanjappa was the owner of land bearing Sy.No.100/2 and Sy.No.101/2 measuring 1 acre 30 guntas in Kothnur village, Bangalore South Taluk. The society purchased the land from Nanjappa under a registered sale deed dated 22.12.2006. The KIADB issued a preliminary notification under Section 28(1) of the Act on 16.12.2006 proposing to acquire the land for the development of industrial area. A final notification under Section 28(3) was also issued on 16.12.2006. However, possession of the land was not taken and compensation was not paid. The society filed a writ petition seeking a declaration that the acquisition proceedings had lapsed. The Single Judge allowed the writ petition holding that the acquisition proceedings were abandoned. The Division Bench, in this intra-court appeal under Section 4 of the Karnataka High Court Act, 1961, dismissed the appeal, affirming the Single Judge's order. The court held that the acquisition proceedings had indeed been abandoned and lapsed due to the inordinate delay of over 13 years without any progress.
Headnote
A) Land Acquisition - Abandonment of Acquisition Proceedings - Reasonable Time - Karnataka Industrial Areas Development Act, 1966, Sections 28(3) and 5 - The court considered whether a delay of over 13 years from the preliminary notification without taking possession or paying compensation amounts to abandonment of acquisition proceedings. Held that the acquisition proceedings were abandoned and lapsed due to inordinate delay, and the writ petition challenging the notifications was rightly allowed by the Single Judge. (Paras 1-3)
Issue of Consideration
Whether the acquisition proceedings initiated under the Karnataka Industrial Areas Development Act, 1966, by issuance of preliminary notification dated 16.12.2006 and notification under Section 28(3) dated 16.12.2006, have been abandoned and lapsed due to non-completion of acquisition within a reasonable time.
Final Decision
The appeal is dismissed. The order of the learned Single Judge dated 12.02.2020 in W.P. No.34032/2019 is affirmed.
Law Points
- Land acquisition lapse
- abandonment of acquisition proceedings
- reasonable time for completion of acquisition
- Section 28(3) of Karnataka Industrial Areas Development Act
- 1966
- Section 4 of Karnataka High Court Act
- 1961
