Supreme Court orders status quo on land acquisition for Tumakuru Machine Tool Park
The Supreme Court has ordered status quo on portions of land sought to be acquired for Tumakuru Machine Tool Park (TMTP) by the Karnataka Industrial Area Development Board.
The top court agreed to examine a plea challenging validity of the Karnataka Industrial Area Development Act, 1966, in view of enactment central law of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
The plea claimed the KIAD Act was inconsistent with the provisions of the 2013 central law passed with a purpose to ensure humane, participative, informed and transparent process for land acquisition for industrialisation, infrastructure development and urbanisation.
On January 24, a bench of Justices A M Khanwilkar and C T Ravikumar ordered status quo on tracts of land sought to be acquired by the KIADB for Tumakuru Machine Tool Park and put the matter for consideration on February 14.
The court allowed Karnataka's Advocate General Prabhuling K Navadgi to file an affidavit to put forth factual aspects of the matter.
Advocate Shailesh Madiyal appeared for petitioners S Jalaja and others. The Advocate General appeared for State of Karnataka and KIADB along with advocates B B Patil, Chinmay Deshpande and Anirudh Sanganeria.
The petitioners here challenged validity of the Karnataka High Court's judgement of August 24, 2021.
They contended that the Karnataka High Court had committed en error in not appreciating that the land acquisition is an entry in the concurrent list of the Constitution. "So far as the acquisition of land and development of land for industrial purpose is concerned, the KIAD Act and the Land Acquisition Act, 2013 operate over a common sphere; as such provisions of the 2013 Act, being a central Act, would override provisions of the KIAD Act," the plea contended.
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