sIN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION No.4426 OF 2019 (LA-KIADB) BETWEEN 1. SHRI. MURTHY, S/O. POOJAPPA, AGED ABOUT 49 YEARS, R/AT ALURDODDANAHALLI, BANGALORE RURAL, BENGALURU – 562 110.
2. SHRI. MUNIYAPPA, S/O. POOJAPPA, AGED ABOUT 52 YEARS, R/AT ALURDODDANAHALLI POST, DEVANAHALLI, BANGALORE RURAL - 562 110.
3. SHRI. NARAYANAPPA, S/O. PUJAPPA, AGED ABOUT 52 YEARS, R/AT ALURDODDANAHALLI POST, BANGALORE RURAL, BENGALURU – 562 110. ... PETITIONERS (BY SRI. SRIHARI A.V., ADVOCATE) AND 1. THE STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BENGALURU – 560 001.
BY ITS SECRETARY.
2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, EAST WING, KHANIJA BHAVAN, BENGALURU – 560 001.
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER.
3. THE SPECIAL LAND ACQUISITION OFFICER-2, THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.14/1, ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD BENGALURU-560 001. ... RESPONDENTS (BY SRI B.J. ESHWARAPPA, AGA FOR R-1;
SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R-2 & R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD DTD: 17.11.2017 PASSED BY THE R-3 VIDE ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER The learned counsel for the petitioners, on the basis of the pleadings, submits and the learned AGA and the learned Senior Panel Counsel for the respondent-KIADB having accepted notice for the respective respondents on request, do not deny that the subject matter of this writ petition is akin to the one in cognate W.P.Nos.39611- 39612/2016 (LA-KIADB) disposed off by a Coordinate Bench of this Court vide judgment dated 16.09.2016 and therefore, similar relief be granted to the petitioner herein, as well.
2. Paragraph Nos.2 and 3 of the said judgment read under:
2. “Section 29(2) of ‘KIAD Act’, provides for determination of compensation by way of agreement. Therefore, petitioners are entitled to such a consideration since it is stated that by agreement, petitioners would be entitled to a better price as compensation instead of a determination by way of a general award. In addition, it is stated that there would be a finality to the acquisition proceedings and also for settlement of compensation since petitioners would be disentitled to challenge the same and to seek for higher market value/compensation. Therefore, there is a need to interfere with the general award at Annexure-F in so far as petitioners are concerned.
3. In the circumstances, these petitions are allowed. General award at Annexure-F on so far as it relates to petitioners, is quashed. A direction shall ensue to the third respondent-Special Land Acquisition Officer, KIADB, to consider the case of the petitioners for determination of compensation by way of agreement under Section 29(2) of the KIAD Act, to be complied with as expeditiously as possible within eight weeks from the date of receipt of copy of this order. It is made clear that this order is applicable if there is no dispute to title to the immovable property acquired and if there is one, then the general award in so far as petitioners are concerned will stand restored, until the dispute is resolved in favour of the petitioners. The third respondent is permitted to withdraw the award amount in relation to the aforesaid land, if deposited in the Civil Court. No costs.”
3. In view of the above, writ petition succeeds in part; a Writ of Certiorari issues quashing the impugned General Award dated 17.11.2017 at Annexure-A, so far as it relates to subject land of the petitioner, only for the limited purpose of re-determination and payment of compensation by treating the acquisition to be under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966.
4. Time for compliance is three months, subject to petitioner furnishing required information and documents as may be solicited by respondent No.3-SLAO of KIADB.
It is needles to mention that if there is any title dispute in relation to the subject land, then the order now quashed shall stand revived subject to the outcome of such dispute.
No costs.
DS/-
Sd/- JUDGE