IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.22110-22112/2019 (LA-KIADB) BETWEEN:
1. M. VENKATASWAMY AGED ABOUT 56 YEARS S/O D. MUNIYAPPA R/AT NO.4, CHIKKATHOGUR VILLAGE ELECTRONIC CITY POST BENGALURU – 560 100.
2. HEMANNA AGED ABOUT 43 YEARS S/O D. MUNIYAPPA R/AT BUDHIGERE VILLAGE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT – 562 129.
3. NANDA KUMAR AGED ABOUT 47 YEARS S/O LAKSHMINARAYAN R/AT NO.4, 11TH CROSS LAKSHMINARAYANAPURA BENGALURU – 560 021.
(BY SRI C.M. NAGABUSHANA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY …PETITIONERS DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU – 560 001.
2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.49, 4TH & 5TH FLOOR, EAST WING KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU – 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER 3. THE SPECIAL LAND ACQUISITION OFFICER THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.49, 4TH & 5TH FLOOR, EAST WING KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU – 560 001.
…RESPONDENTS (BY SRI E.S. INDIRESH, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY THE INTEREST @ 9% PER ANNUM FROM THE DATE OF ANNEXURES - B AND C I.E., 27.07.2009 AND 20.08.2009 RESPECTIVELY TILL THE DATE OF PAYMENT OF CONSENT AWARD AMOUNT TO THE PETITIONERS I.E., 31.10.2018, AS PER THEIR REPRESENTATIONS AT ANNEXURES – K & K1.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri C.M.Nagabushana, learned counsel for the petitioners.
Sri E.S. Indiresh, learned Additional Government Advocate for the respondents.
2. The petitions are admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In these petitions, the petitioners inter alia seek for a direction to the respondents to pay the interest at 9% per annum from the date of Annexures – B and C i.e., 27.07.2009 and 20.08.2009 respectively till the date of payment of consent award amount to the petitioners i.e., 31.10.2018, as per their representations at Annexures – K and K1.
4. When the matter was taken up today, learned counsel for the petitioners submitted that the writ petitions may be disposed of with a direction to the respondent No.3 to consider the representations dated 31.10.2018 as per Annexures – K and K1 submitted by the petitioners in accordance with law.
5. On the other hand, learned Additional Government Advocate for the respondents submitted that the representations submitted by the petitioners shall be dealt with in accordance with law, if not already decided.
6. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a direction to the respondent No.3 to consider and decide the representations submitted by the petitioners, if not already decided, in accordance with law by a speaking order within a period of three months from the date of receipt of certified copy of the order passed today.
7. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the writ petitions are disposed of.
Sd/- JUDGE ca