IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.Nos.8121 & 35506 – 35508/2018 (LA – KIADB) BETWEEN :
1. SMT.JAYANTHI ALVA W/O LATE BABU SHETTY, AGED ABOUT 78 YEARS 2. SRI HARISH SHETTY S/O LATE BABU SHETTY, AGED ABOUT 53 YEARS 3. SMT.SUJATHA D/O LATE BABU SHETTY, AGED ABOUT 52 YEARS 4. SRI DINESH SHETTY S/O LATE BABU SHETTY, AGED ABOUT 49 YEARS ALL ARE R/AT JAYABALA HOUSE, KALLA KALAMBI, MULOOR VILLAGE, POST: GURUPURA-574 145, MANGALURU TALUK, D.K. DISTRICT. ...PETITIONERS (BY SRI K.CHANDRANATH ARIGA, ADV.) AND :
1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIKASA SOUDHA, Dr. AMBEDKAR ROAD, BENGALURU-560 001.
2. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BAIKAMPADY, MANGALURU-575 011.
3. SRI PADMANABHA BAI AGED ABOUT 63 YEARS, BEJJABETTU, NEAR G.J. COLLEGE, POST: GURUPURA-574 145, MANGALURU TALUK, D.K. DISTRICT.
4. SRI CHANDRA SHEKAR SHETTY S/O. LATE SMT.NAGAMMA, AGED ABOUT 56 YEARS, KALLAKALEMBI, POST: GURUPURA-574 145, MANGALURU TALUK, D.K. DISTRICT.
5. SRI SADHASHIVA SHETTY S/O LATE SMT.NAGAMMA, AGED ABOUT 55 YEARS, KALLAKALEMBI, POST: GURUPURA-574 145, MANGALURU TALUK, D.K. DISTRICT.
6. SRI ASHOK SHETTY S/O LATE SMT.NAGAMMA, AGED ABOUT 53 YEARS, KALLAKALEMBI, POST: GURUPURA-574 145, MANGALURU TALUK, D.K. DISTRICT.
7. SRI DAMODAR ALVA (SHETTY) S/O LATE SRI BABU SHEETY, AGED ABOUT 55 YEARS, SULAIMAN COMPOUND, KOTTARI GUDDE, POST: GURUPURA-574 145, MANGALURU TALUK, D.K. DISTRICT. …RESPONDENTS (BY SRI B.J.ESHWARAPPA, AGA FOR R-1; SRI BASAVARAJ V. SABARAD, ADV. FOR C/R-2;
R-3 TO R-7 ARE SERVED.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 20.12.2016 IN SO FAR AS THE SCHEDULE LANDS ANNEXURE-E.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioners.
2. Though the petitioners have challenged the preliminary Notification dated 20.12.2016 as well as Final Notification dated 15.12.2017 insofar as the schedule lands are concerned, learned counsel for the petitioners submits that in view of the order passed in FDP No.13/1994 relating to the properties in question, certain portions of Sy.Nos.65/12 and 65/13 being allotted to the shares of the petitioners herein, the respondent-KIADB is obligated to hear the petitioners before passing of the award.
3. Learned counsel for the KIADB submits that the petitioners were not heard since they were not notified kathedars as on the date of the publication of the Preliminary and Final Notifications. In view of the finality reached in FDP No.13/1994 amongst the family members of the petitioners, subject land to an extent of 2 acres 3 guntas in Sy.Nos.65/12 P1 and 0.45 acres in Sy.No.65/13 P1 being allotted to the share of the petitioners, the Board has no impediment to hear the petitioners before passing of the award.
4. In view of the aforesaid, this writ petition deserves to be disposed of directing the KIADB to hear the petitioners in determining the compensation and passing the award relating to the subject lands. The respondent No.2 shall pass the award in accordance with law in an expedite manner. Ordered accordingly.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE Dvr: