High CourtsSingle Bench(2009) 10 KAR CK 0041

Smt. Yashoda Gowdh and Others vs Karnataka Industrial Areas Development Board and Others

Karnataka High Court · Decided on 7 October 2009 · Citation: (2010) 1 KarLJ 283

HON’BLE JUDGES
B.S. Patil, J
CASE NUMBER
Writ Petition No''s. 28451 to 28455 of 2009

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Judgment

5 paragraphs · 326 words

B.S. Patil, J.—In these writ petitions, petitioners are challenging the notification issued u/s 28(1) of the Karnataka Industrial Areas Development Act, 1966 (''Act'' for short) vide Annexure-A and the notice issued u/s 28(2) of the Act vide Annexure-E.

2.

Petitioners claim that they are the tenants of the property bearing Municipal Nos. 6 and 7 situated at Cubbon Road, Bangalore. The grievance of the petitioners is that though they are the lessees under a registered lease deed of the properties, which is the subject-matter of the acquisition, they are not notified of the proposed acquisition and the acquisition proceedings are being carried on behind their back.

3.

The third respondent is the owner of the properties. Counsel appearing for the third respondent contends that the petitioners are neither the occupants nor the persons interested who are entitled for any notice. In fact, it is further contended that as the third respondent was not notified of the proposed acquisition, he has filed another writ petition in W.P. No. 28137 of 2009. It is also urged that the lease in favour of the petitioners has been terminated. Hence, the petitioners are not entitled for any notice with regard to the proposed acquisition proceedings.

4.

It is unnecessary to go into this question in these proceedings. In the connected writ petition filed by the third respondent-owner of the properties in question, this Court permitted the third respondent to file objections and appear before the Land Acquisition Officer on 15-10-2009 at 3.00 p.m. A direction is also issued to the Land Acquisition Officer to hear him and pass appropriate orders after considering the objections that may be filed. Hence, suffice to observe that the petitioners herein may also file their objections and appear before the Land Acquisition Officer on 15-10-2009 at 3.00 p.m. whereupon the Land Acquisition Officer shall consider their objections and pass appropriate orders in accordance with law.

With the above observations, these writ petitions are disposed of.