IN THE HIGH COURT OF KARNATAKA, AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON' BLE MRS JUSTICE S.SUJATHA WRIT PETITION NOs.12380-12383 OF 2018 (LA-KIADB) BETWEEN:
1. Mr. B.L.Sridhar, S/o. B.K.Lakshmaiah, Aged about 50 years, 2. Mr. B.L.Babu, S/o. B.K.Lakshmaiah, Aged about 55 years, 3. Mr. B.L.Somashekar, S/o. B.K.Lakshmaiah, Aged about 42 years, 4. Mr. B.L.Rajashekar, S/o. B.K.Lakshmaiah, Aged about 40 years, All are residing at Bommanahalli Village, Begur Hobli, Hosur Main Road, Bangalore South Taluk – 560 068.
(By Sri. G.S. Venkata Subba Rao, Adv.) AND:
.. Petitioners 1. Karnataka Industrial Areas Development Board, 1st Floor, Maharshi Arvinda Bhavan, Nrupathunga Road, Bangalore – 560 002.
By its Chief Executive Officer.
2. The Special Land Acquisition Officer, Karnataka Industrial Areas Development Board, 1st Floor, Maharshi Arvinda Bhavan, Nrupathunga Road, Bangalore – 560 002.
... Respondents (By Sri B.B. Patil, Adv.) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the order dated 5.7.2017 vide Annexure-N and order dated 5.7.2017 vide Annexure-O passed by the R.2, etc.
These Writ Petitions coming on for preliminary hearing in ‘B’ Group this day, the court made the following;
ORDER The petitioners have challenged the order No.KIADB/Metro/LAQ/R5-180, 181, 182, 183, 184/2016-17 dated 05/07/2017 at Annexure –N and order No. KIADB/Metro/LAQ/R5-180, 181, 182, 183, 184/2016-17 dated 05/07/2017 at Annexure –O, to the writ petitions.
2. It is the grievance of the petitioners that general award has been passed by the respondent No.2, despite issuing notice to the petitioners to pass consent award under Section 29(2) of the Karnataka Industrial Areas Development Board Act, 1966 ( ‘Act’ for short).
3. Learned counsel for the respondents would point out that the petitioners claiming to be the persons having right over the property in question have approached this Court in Writ Petition No.49048/2017 challenging the very same order impugned herein and the same came to be disposed on 23/08/2018 dismissing the writ petition and affirming the decision of the respondent Nos.1 and 2, to deposit the compensation amount passed under the general award before the City Civil Court, in terms of Section 30 and 31 of the Land Acquisition Act, 1894, in view of the dispute with regard to the claim of compensation between the petitioners therein as well as others.
4. In view of the order passed by this Court in Writ Petition No.49048/2017 as aforesaid, the general award has been passed by the respondent No.2 to deposit the compensation amount before the Civil Court. Hence, the request of the petitioners herein to pass a consent award under Section 29(2) of the Act, at this juncture, would not arise. However, in view of the reference made by the respondent Nos.1 and 2 under Section 30 and 31 of the Land Acquisition Act, 1894, this Court finds that the interest of justice would be served, if a direction is issued to the respondent Nos.1 and 2 to pass a consent award under Section 29(2) of the said Act, if the petitioners succeed in the pending (reference) matter before the competent Civil Court. Ordered accordingly.
5. With the aforesaid observations and directions, these writ petitions stand disposed of.
Sd/- JUDGE Msu