IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.52266/2019 (LA – KIADB) BETWEEN:
1 . SMT.BYARAMMA W/O ANJANAPPA AGED ABOUT 63 YEARS, HEERIBAIL VILLAGE, JANGAMAKOTE HOBLI SHIDLGATTA TALUK CHIKKABALLAPUR TALUK 2 . SAMPATH KUMAR S/O LATE MUNISHAMAPPA AGED ABOUT 30 YEARS, HARJENAHALLI VILLAGE, KURUGAL POST, VEMAGAL HOBLI KOLAR TALUK AND DISTRICT 3 . MUNIYAPPA S/O LATE NARAYANAPPA AGED ABOUT 57 YEARS, HARJENAHALLI VILLAGE, KURUGAL POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT 4 . SAMPANGAPPA S/O LATE NARAYANAPPA AGED ABOUT 54 YEARS, HARJENAHALLI VILLAGE, KURUGAL POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT 5 . NAGAMMA W/O MUNIRAJU AGED ABOUT 52 YEARS, KANNAMANGALA PALLYA VILLAGE KANNAMANGALA POST DEVANAHALLI TALUK BANGALORE RURAL DISTRICT 6 . VENKATESH S/O LATE NARAYANAPPA AGED ABOUT 49 YEARS, HARJENAHALLI VILLAGE, KURUGAL POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT …PETITIONERS (BY SRI MURUGESH V. CHARATI, ADV.) AND:
1 . THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA, BANGALORE-01 2 . KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER NO.14/3, II FLOOR, R.P.BUILDING, NRUPATHUNGA ROAD BANGALORE-01 3 . KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD THE SPECIAL LAND ACQUISITION OFIFCER I FLOOR, R.P.BUILDING NRUPATHUNGA ROAD BANGALORE-01 …RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R-1; SRI B.B.PATIL, ADV. FOR R-2 & R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GENERAL AWARD DATED 30.12.2013 PASSED BY THE R-3 WHICH IS PRODUCED AT ANNEXURE-D TO THE W.P. IN SO FAR PETITIONER PROPERTY BEARING SY.NO.108 P1/P1 ADMEASURING 1 ACRE 7 GUNTAS SITUATED AT HARAGENAHALLI VILLAGE, VEMGAL HOBLI, KOLAR TALUK IS CONCERNED.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners have challenged the general award dated 30.12.2013 passed by respondent No.3 at Annexure-D relating to the property of the petitioners bearing Sy.No.108 P1/P1 measuring 1 acre 7 guntas situated at Harjenahalli Village, Vemgal Hobli, Kolar Taluk, Kolar District.
2. In identical circumstances, in W.P.Nos.22311-22316/2016 (D.D. 06.09.2016), this Court has placed reliance on the order of this Court in W.P.No.6198/2015 disposed of on 25.08.2015, wherein it has been held as under:-
“Petitioner is assailing the General Award dated 30th December 2013, Annexure-A, of the 3rd respondent- Karnataka Industrial Area Development Board (for short ‘KIADB’) insofar as it relates to 1 acre 39 guntas in Sy.No.444 of Cheeluru village, Maralavadi Hobli, Kanakapura Taluk, Ramanagara District, on the premise that her claim for determination of compensation ought to be by way of an agreement under Sub-section (2) of Section 29 of the Karnataka Industrial Areas Development Act, 1966 (for short ‘KIAD Act’) since willing to the enter into an agreement after having obtained a compromise decree dated 6.12.2014 in O.S.126/2013 whereunder the property in question is declared to be the absolute property of the petitioner.
2. Sub-section (2) of Section 29 of the ‘KIAD Act’ provides for determination of compensation by an agreement and in the light of the compromise decree whereunder, the property in question has fallen to the exclusive share of the petitioner, is entitled to such a consideration, since it is stated that by such an agreement, petitioner would be entitled to a better price as compensation instead of determination under a general award, while acquisition proceeding would attain a finality disentitling petitioner to challenge the same in this petition. In the circumstances, there is a need to interfere with General Award Annexure-A insofar as it relates to petitioner’s land.
3. In the result, this petition is allowed. General Award Annexure-A insofar as it relates to petitioner is concerned is quashed. A direction shall ensue to respondent-KIADB to consider the case of the petitioner for determination of compensation by way of an agreement under Section 29(2) of the ‘KIAD Act’ to be complied with as expeditiously as possible within an outer limit of 31st October 2015. It is made clear that this order is applicable only if there is no dispute to title in the immovable property acquired and if there is one, the General Award in respect of petitioner is concerned shall stand restored until the dispute is resolved.”
Following the said decision, the general award relating to the survey number therein has been set aside.
3. For the reasons stated in the aforesaid order, the general award at Annexure – D dated 30.12.2013 in respect of survey number aforementioned is hereby quashed. Respondent No.3 is directed to consider the case of the petitioners for determination of compensation in terms of Section 29(2) of KIAD Act, keeping in mind the order referred to above.
4. Compliance within eight weeks from the date of receipt of certified copy of this order. Respondent No.3 is permitted to withdraw the amount deposited in the Civil Court.
Writ petition stands disposed of accordingly.
Sd/- JUDGE NC.