IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.19015/2019 (LA – KIADB) BETWEEN:
SHRI GIRIYAPPA S/O LATE MOODALAGIRIYAPPA AGED ABOUT 56 YEARS R/AT CHILOOR VILLAGE MARALAWADI HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT-562121 …PETITIONER (BY SRI SRIHARI A.V., ADV.) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA BENGALURU-560 001 BY ITS SECRETARY.
2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIJA BHAVAN BENGALURU-560 001 REP BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER 3. THE SPECIAL LAND ACQUISITION OFFICER THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, EAST WING, KHANIJA BHAVAN BENGALURU-560 001. …RESPONDENTS (BY SRI B.J.ESHWARAPPA, AGA FOR R-1;
SRI P.V.CHANDRASHEKHAR, 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 IN RESPECT OF SCHEDULE PROPERTY AT ANNEXURE-A PASSED BY THE THIRD RESPONDENT PASSED UNDER LAND ACQUISITION ACT, 1894.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel appearing for the parties.
Learned counsel appearing for the parties submit ad-idem that the subject matter of this writ petition is squarely covered by the order passed by this Court 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, this writ petition stands disposed of in similar terms. Annexure – A is quashed insofar as the petitioner is concerned. The Board shall determine the compensation in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1996.
Sd/- JUDGE NC.