Stay order/ writ petition in High Court
I made conversion of agriculture land to residential purpose in the year 2013. Conversion order issued by the District Commissioner . Then during last year i e 2020 I have obtained plan approval for Ekha Niveshan( Single site ) from Kolar Town planning Authority. I have already paid required developmental charges of Rs.153000/- for 2 acres of land and a portion of property relinquished in favour of The Governor, Government of Karnataka. Grama Panchayath has already issue E khata ( F.No 9 and 11) much before preliminary notification of acquisition of properties. In the month of Aug, 2020, I have received notice from KIADB for acquisition of my property along with agriculture properties belongs to others under act,1966, sec 28/2
In response to KIADB notice, I have replied to the notice issued by KIADB acquisition officer stating all the facts of developments such as conversion, plan approval from Town planning Authority for Ekha niveshan, relinquishment deed in favour of The Governor, Govt. of Karnataka and E khata issued by Panchayath Office. No response received to my notice from the KIADB acquisition officer.
Recently KIADB acquisition officer submitted his recommendation to Government of Karnataka to acquire my property along with others properties also under KIADB act, 1996 sec 28(3) excluding some of agriculture properties stating that land is of Converted property, existence of temple, running brick industry in the converted property even though property is not at all converted one , not running any brick industry and there is no temple in the property . I have inspected the property and observed that there is no industry is running even today and I have obtained photographs/video of the site.
At any moment Government of Karnataka may issue final notification for acquisition of notified property under KIADB Act,1996 sec. 28(4)
Now my question is, can I approach Court for stay order/writ petition in High Court on my property from acquisition before issuance of Final notification under KIADB Act,1996 sec. 28(4) since KIADB Officer has not recommended some of agriculture properties for acquisition saying the grounds as mentioned above.
Asked 3 years ago in Property Law
Religion: Hindu