Andhra Bank VS. Andhra Bank Officers & Anr

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Andhra Bank VS. Andhra Bank Officers & Anr

The Judgement Information System CASE NO.: Appeal (civil) 1979 of 2008

PETITIONER: M/s. Girias Investment Pvt.Ltd. & Anr RESPONDENT: State of Karnataka & Ors DATE OF JUDGMENT: 13/03/2008

BENCH: TARUN CHATTERJEE & HARJIT SINGH BEDI

JUDGMENT: J U D G M E N T

CIVIL APPEAL NO 1979 / 2008 (arising out of SLP) No. 21826/2007)

HARJIT SINGH BEDI,J.

1. Leave granted.

2. This appeal arises out of the following facts.

3. The 3rd respondent, the Karnataka Industrial Area Development Board (hereinafter called the 'Board') issued a Notification dated 6th April 2004 under Section 28(1) of the Karnataka Industrial Area Development Board Act, 1966 (for short the 'Act') proposing acquisition of land bearing serial Nos. 114,115 and 116 in village Kannamangala for the purpose of constructing a trumpet interchange and access road from National Highway No. 7 to the Bangalore Airport.

This land was notified for acquisition on the basis of a comprehensive feasibility report submitted by the Technical Consultant for the project, Sikon Private Ltd. The Karnataka State Industrial Investment and Development Corporation (for short "KSIIDC") in the meantime proposed a change in the location of the trumpet interchange and the access road on the ground that only 53 Acres of land needed for these two projects whereas the Notification was dated 6th April 2004 pertaining to 80 acres and 27 gunthas was far in excess of the requirement and therefore suggested reconsideration of the matter. Vide letter dated 24th August 2004 the Bangalore Airport Ltd. informed the KSIIDC that the proposed location of the trumpet interchange and the access road was final and that there was no reason to make a change in their alignment.

Notwithstanding the aforesaid communication the Board issued a fresh Notification under section 28(1) of the Act on 5th December 2005 releasing the land proposed to be acquired by the earlier Notification dated 6th April, 2004, and proposing acquisition of the land bearing serial Nos.118-119. The appellants who had in the meanwhile purchased the aforesaid land vide two Registered Sale Deeds dated 23rd and 26th November 2005 ...

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