IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.11228 – 11229/2019 (LA – KIADB) BETWEEN:
1. SMT.GANGAMMA W/O LATE GANGANNA AGED ABOUT 79 YEARS 2. SRI SIDDAIAH S/O LATE GANGANNA AGED ABOUT 61 YEARS AND:
BOTH R/AT YALADADLU VILLAGE KORA HOBLI, TUMKUR TALUK & DISTRICT-572 101 ... PETITIONERS [BY SRI M.B.RYAKHA, ADV.] 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, DEPARTMENT OF INDUSTRIES AND COMMERCE, GROUND FLOOR, VIDHANA SOUDHA, BANGALORE-560 001 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER 4TH AND 5TH FLOORS KHANIJA BHAVANA RACE COURSE ROAD BENGALURU-560 001 3. THE SPECIAL LAND ACQUISITION OFFICER NIMZ, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, I FLOOR, MARUTHI TOWER NEAR SIT MAIN GATE TUMKUR-572 101 …RESPONDENTS [BY SRI B.J.ESHWARAPPA, AGA FOR R-1;
SRI P.V.CHANDRASHEKAR, ADV. FOR R-2 & R-3.] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED GENERAL AWARD DATED 19.11.2013 PASSED BY R-3 IN RESPECT OF BEARING SY.NO.144 MEASURING 2 ACRE, YALADADLU VILLAGE, KORA HOBLI, TUMKUR TALUK, TUMKUR DISTRICT BELONGING TO PETITIONERS IS CONCERNED VIDE ANNEXURE-J.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice for respondent No.1.
Learned counsel Sri. P.V. Chandrashekar accepts notice for respondent Nos.2 and 3.
Learned counsel appearing for the parties submit ad-idem that the subject matter of these writ petitions is squarely covered by the order passed by this Court in W.P.No.54349/2017 and allied matters (D.D. 01.02.2019), whereby this Court has followed the order passed in W.P.Nos.39611-39612/2016, wherein, in paragraph Nos.2 and 3 it is observed thus:-
“2. Section 29(2) of ‘KIAD Act’, provides for determination of compensation by way of agreement. Therefore, petitioners are entitled to such a consideration since it is stated that by agreement, petitioners would be entitled to a better price as compensation instead of a determination by way of a general award. In addition, it is stated that there would be a finality to the acquisition proceedings and also for settlement of compensation since petitioners would be disentitled to challenge the same and to seek for higher market value/compensation. Therefore, there is a need to interfere with the general award at Annexure-F in so far as petitioners are concerned.
3. In the circumstances, these petitions are allowed. General award at Annexure-F on so far as it relates to petitioners, is quashed. A direction shall ensue to the third respondent- Special Land Acquisition Officer, KIADB, to consider the case of the petitioners for determination of compensation by way of agreement under Section 29(2) of the KIAD Act, to be complied with as expeditiously as possible within eight weeks from the date of receipt of copy of this order. It is made clear that this order is applicable if there is no dispute to title to the immovable property acquired and if there is one, then the general award in so far as petitioners are concerned will stand restored, until the dispute is resolved in favour of the petitioners. The third respondent is permitted to withdraw the award amount in relation to the aforesaid land, if deposited in the Civil Court. No costs.”
In view of the aforesaid, these writ petitions stand disposed of in similar terms. Annexure – J is quashed insofar as the petitioners are concerned. The Board shall determine the compensation in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1996.
Sd/- JUDGE PMR