Don't notify lands which are not required, Karnataka HC tells KIADB

Observing that not completing acquisition process at a faster pace will cause huge inconvenience to persons whose lands are notified by way of preliminary notification, the High Court has asked KIADB not to indulge in notifying lands which are not required.

Justice M I Arun said this while quashing the preliminary notification issued in regard to the petitioner’s four acres land at Kondareddypalli in Bagepalli taluk. The petitioner, H S Abdul Riyaz Basha, challenged the December 11, 2009 preliminary notification in respect of his land at Kondareddypalli. The petitioner said final notification was not issued till date and hence, it stood lapsed.

The court said though Karnataka Industrial Areas Development Act, 1966, doesn’t specify the time within which a final notification has to be issued, it is expected to issue a final notification within a reasonable time and the delay of 14 years, in the case at hand, cannot be considered reasonable.

“It is seen on many occasions, in recent orders, the Board in its preliminary notification seeking to acquire vast tracts of land and in the final notification end up acquiring less than 50% of original lands proposed. This shows that proper study is not conducted by Board before venturing into acquiring lands,” Justice Arun said.

The court also said, “Further, after issuance of preliminary notification, if the acquisition process is not completed at a faster pace, it will cause huge inconvenience to the persons whose lands are notified by way of preliminary notification. It will prevent them from exploiting the potential of the land to its fullest extent.”

“In the instant case, as more than 14 years have lapsed after issuance of preliminary notification and nothing has been done in pursuance of the same to complete acquisition formalities, it has to be held that the acquisition process has lapsed and preliminary notification is liable to be struck down. It is needless to state that setting aside the preliminary notification will not preclude respondent/KIADB from initiating fresh acquisition process in accordance with law, if it so desires,” the court said.