IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.29546/2019 (LA-KIADB) BETWEEN:
GLITTEK INFRASTRUCTURE PRIVATE LIMITED, REGISTERED OFFICE AT 711, "KRISHNA", 7TH FLOOR, 224 AJC BOSE ROAD, KOLKATA-700017.
REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE KAMAL AGARWAL, DIRECTOR. ... PETITIONER (BY SRI.RAMESHA.H.E, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU -01.
2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, # 14/3, II FLOOR, R P BUILDING, NRUPATHUNGA ROAD, BENGALURU -01.
3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, I FLOOR, R P BUILDING, NRUPATHUNGA ROAD (METRO TRAIN PROJECT), BENGALURU-01. ... RESPONDENTS (BY SRI.E.S.INDIRESH, AGA FOR R1;
SRI.H.L.PRADEEP KUMAR, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD DTD:29.1.2019 PASSED BY THE R-3 UNDER SECTION 11 OF THE LAND ACQUISITION ACT, 1894 WHICH IS PRODUCED AT ANNEXURE-E IN SO FAR AS IT RELATES TO THE PROPERTY OF THE PETITIONER OF BTM 2ND STAGE, BANK OFFICER/OFFICIALS HBCS, TOTALLY MEASURING 2111.18 SQ.MTRS. IS CONCERNED AND ETC., THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Ramesha.H.C, learned counsel for the petitioner.
Sri.E.S.Indiresh, learned Additional Government Advocate for Respondent No.1. Sri.H.L.Pradeep Kumar, learned counsel for Respondents 2 and 3.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner inter alia has sought for the following reliefs:
i) Issue a writ of certiorari quashing the general award dated 29.01.2019 passed by the respondent No.3 under section 11 of the Land Acquisition Act, 1894 in No.KIADB/Metro/LAQ/ KIADB/Metro/ Bhu.Swa/R5-124C/2017-18, which is produced at Annexure-E in so for as it relates to the property of the petitioner Site No.2 of BTM 2nd Stage, Bank Officer/Officials HBCS, totally measuring 2111.18 sq.mtrs., is concerned.
ii) Issue any suitable order, direction or writ in the nature of Mandamus directing the respondents herein to consider the case of the petitioner as per section 29(2) of the KIAD Act.
iii) Issue any other orders or directions as deemed fit in the circumstances attending.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the controversy involved in the instant petition is squarely covered by an order dated 23.03.2018 passed in W.P.No.12341/2018 & W.P.No.12791/2018 (LA-KIADB).
5. In view of the aforesaid submission and for the reasons assigned therein, with a view to maintain parity, the petition is disposed of on the same terms and with similar directions.
6. In the result, the General Award dated 29.01.2019 is hereby quashed to the extent it pertains to the petitioner’s property for the limited purpose of re-determination and payment of compensation treating the acquisition in question as the one done with agreement in terms of Section 29(2) of Karnataka Industrial Areas Development Act, 1966 subject to the just exceptions mentioned in the order passed in W.P.No.6198/2015.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE BNV