IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF JULY 2019 BEFORE THE HON'BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.11687-688 OF 2019 (LA-KIADB) BETWEEN:
SMT. MUNINARAYANAMMA W/O HANUMAIAH AGED ABOUT 57 YEARS, R/A NO. 20, A CROSS, NEW EXTENSION, BYATANARAYANAPURA MYSORE ROAD BENGALURU - 560 026.
(By Sri. RAJESHWARA P N, ADV.) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE DR.B.R.AMBEDKAR BEEDI VIKAS SOUDHA BENGALURU - 560 001 REPRESENTED BY ADDITIONAL CHIEF SECRETARY.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.49, IV & V FLOORS, EAST WING, KHANIJ BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER.
3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD (B.M.I.C.P.) . PETITIONER NRUPATHUNGA ROAD BENGALURU - 560 001.
4. G.M. MARAPPA @ MARA @ MARAPPA S/O LATE MARAPPA, AGED ABOUT 50 YEARS, RESIDENTS OF GONIPURA VILLAGE, KENGERI HOBLI, BENGALURU - 560 060.
5. HUCHAPPA S/O LATE SIDDAPPA, AGED ABOUT 65 YEARS, RESIDENTS OF GONIPURA VILLAGE, KENGERI HOBLI, BENGALURU - 560 060.
6. HONNAPPA S/O LAKSHMAMMA AGED ABOUT 44 YEARS, RESIDENTS OF GONIPURA VILLAGE, KENGERI HOBLI, BENGALURU - 560 060.
(By Sri. E S INDIRESH, AGA FOR R1, Sri. ASHOK N NAYAK, ADV. FOR R2 & R3, Smt. CHITRALEKHA H R, ADV. FOR R4 & R5, R6 SERVED & UNREPRESENTED) - - -
. RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 NOT TO DISBURSE THE COMPENSATION AMOUNT PAYABLE IN RESPECT OF THE LAND IN SY.NO.27/p14 OF GONIPURA VILLAGE KENGERI HOBLI, BENGALURU SOUTH TALUK TO THE R-4 TO 6, THE PETITIONER'S BROTHER, BROTHER-IN-LAW AND NEPHEW OR ANYONE CLAIMING UNDER THEM AND TO DISBURSE THE SAME TO THE PETITIONER; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Rajeshwar P.N., learned counsel for the petitioner.
Mr.E.S.Indiresh, learned Additional Government Advocate for the respondent No.1.
Mr.Ashok N.Nayak, learned counsel for the respondent Nos.2 and 3.
Smt.Chitralekha H.R., learned counsel for the respondent Nos.4 and 5.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioner inter alia seeks a writ of mandamus to the respondent No.2 not to disburse the compensation amount payable in respect of the land in Sy.No.27/p14, *Sy.N0.48/pl7-48/p20, of Gonipura Village, Kengeri Hobli, Bengaluru South Taluk as well as a writ of mandamus to refer the issue with regard to the * Corrected vide Court Order dated 04-12-2020 disbursement of compensation amount under Sections 30 and 31 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for short), to the Reference Court.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the Land Acquisition Officer be directed not to disburse the amount of compensation and be further directed to refer the dispute to the competent court under Sections 30 and 31 of the Act.
5. On the other hand, learned counsel for the respondent Nos.2 and 3 fairly submitted that since the dispute is between the parties with regard to entitlement to receive the amount of compensation, it is required to be adjudicated by the competent civil court.
6. In view of the aforesaid submissions and in the facts of the case, it is directed that the Land Acquisition Officer shall refer the dispute with regard to entitlement of compensation to the competent civil court within two weeks from the date of receipt of certified copy of the order passed today. Thereafter, the competent civil court shall adjudicate the dispute as expeditiously as possible. Till the matter is adjudicated by the competent civil court, the amount of compensation shall not be disbursed either to the petitioner or to respondent Nos.4 to 6.
Accordingly, the petitions are disposed of.
Sd/- JUDGE RV