IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA WRIT PETITION NOs.7797 - 98/2019 (LA - RES) Between:
1. Mr.Mujahid Barkatulla Makki, S/o late Siddiqa Begum @ Amtul Mussawir & Late Muhammad Barakalla Makki, Aged about 67 years, R/at Building No.19, Flat No.601, Atur Park, Koregaon Park, Pune, Maharashtra – 411 001.
2. Mohammed Fasiaun Makki, S/o late Siddiqa Begum @ Amtul Mussawir & Late Muhammad Barakalla Makki, Aged about 71 years, Residing at No.B-36, Abhimanshri Society, Pashan Road, Pune, Maharashtra – 411 008. …Petitioners (By Sri.Nityanand V Naik, Adv.,) And:
1. The State of Karnataka, Represented by its Secretary To the Government, Vidhana Soudha, Bengaluru – 560 001.
2. The Secretary to the Government of Karnataka, Department of Industries And Commerce, Vikasa Soudha, Bengaluru – 560 001.
3. The General Manager, Bengaluru Metro Rail Corporation Ltd., Chinnaswamy Cricket Stadium, Gate No.10, Mahatma Gandhi Road, Bengaluru – 560 001.
4. The Special Land Acquisition Officer 1 & 2, For the Project Bengaluru Metro Rail Corporation Ltd., Karnataka Industrial Development Board, No.14/3, 1st Floor, Maharshi Ravindra Bhavan, CFC Building, Nrupathunga Road, Bengaluru – 560 001.
5. The Deputy Commissioner, Bengaluru Urban District, Kandaya Bhavan, K.G.Road, Bengaluru – 560 001. ...Respondents (By Sri.Dildar Shiralli, HCGP for R1, R2 & R5) These Writ Petitions are filed under Article 226 of the Constitution of India praying to direct the R-3 and 4 to consider the representation submitted by the petitioners on 03.12.2018 vide Annexure – E & F and etc., These petitions coming on for Preliminary Hearing this day, the Court made the following:
ORDER Heard the learned counsel for the petitioners and learned HCGP on advance notice for respondents 1, 2 and 5 and perused the material on record, including the prayer sought in these writ petitions which are extracted as under :
(i) Issue writ, order or direction in the nature of mandamus, directing the 3rd and 4th respondent to consider the representation submitted by the petitioners on 3.12.2018 vide Annexure – E & F;
(ii) Issue writ, order or direction in the nature of mandamus restraining the respondent No.3 and 4 from disbursing or settling the compensation amount in respect of the land bearing Sy.No.30/3 totally measuring 3 acres 10 guntas situated opposite to Arabic College, Nagavar Kasaba Hobli, Bengaluru North Taluk, which was acquired for public purpose as per the Gazette Notification bearing No: CI 93 SPQ 2018 Bengaluru dated 29.08.2018 published in the Karnataka Gazette dated 13.09.2018 issued by the 2nd respondent vide Annexure-C, pending disposal of the Original Suit in O.S.No.5220/1992 filed for partition of the above said property vide Annexure-A, pending before the City Civil Court, Bengaluru.
(iii) Issue writ, order or direction in the nature of mandamus directing the respondent No.3 and 4 to deposit the compensation amount in respect of Sy.No.30/3 totally measuring 3 acres 10 guntas situated opposite to Arabic College, Nagavar Kasaba Hobli, Bengaluru North Taluk, which was acquired for public purpose as per the Gazette Notification bearing No. CI 93 SPQ 2018 Bengaluru, dated 29.08.2018 published in the Karnataka Gazette dated 13.09.2018 issued by the 2nd respondent vide Annexure-C before the City Civil Court in O.S.No. 5220/1992;
(iv) To pass such other orders or directions as this Hon’ble Court deems fit in the facts and circumstances of the case including an order as to the cost of this writ petition, in the interest of justice and equity.
2. Having regard to the fact that O.S.No.5220/1992 is pending before the City Civil Court, Bengaluru, which is a suit for partition, petitioners who are the defendants in the said suit have sought for further proceedings being stopped by the acquisition authorities - KIADB (Karnataka Industrial Area Development Board) and not to pass any award in the matter. Having regard to the fact that there is a suit for partition filed by the plaintiffs who are also not arrayed as respondents in these petitions and the subject matter of the suit is also the subject matter of acquisition, this Court does not deem it proper to interfere at this stage of the matter.
3. In the circumstances, the writ petitions are disposed of by reserving liberty to the petitioners herein to seek appropriate directions with regard to the compensation amount to be determined by the respondents – authorities by filing an application in O.S.No.5220/1992. It is needless to observe that if any such application is filed by the petitioners herein, the trial Court shall consider the same in accordance with law and pass a speaking order thereon.
Sd/- JUDGE mgn/-