IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION Nos.30486-30487 OF 2019 (LA-KIADB) C/W WRIT PETITION Nos.23103/2019 AND 23104/2019 IN W.P.Nos. 30486-30487 OF 2019 BETWEEN:
1. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LIMITED, NO.1, MIDFORD HOUSE MIDFORD GARDEN OFF MAHATMA GANDHI ROAD BENGALURU-560001 REPRESENTED BY ITS AUTHORISED SIGNATORY MR SRINATH MANGALORE 2. NANDI ECONOMIC CORRIDOR ENTERPRISES LIMITED, NO.1, MIDFORD HOUSE MIDFORD GARDEN OFF MAHATMA GANDHI ROAD BENGALURU-560001 REP BY ITS AUTHORISED SIGNATORY MR SRINATH MANGALORE ... PETITIONERS (BY SRI R.V.S. NAIK, SR. ADVOCATE FOR SRI NITIN PRASAD AND SRI VIDUR NAIR, ADVOCATES) AND:
1.THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA DR.AMBEDKAR VEEDHI BENGALURU-560001 2.THE SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD (METRO RAIL PROJECT) NRUPATHUNGA ROAD BENGALURU-560001 3.KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560001 BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER 4.BENGALURU METRO RAIL CORPORATION LIMITED BMTC COMPLEX K H ROAD, SHANTINAGAR BANGALORE-560027 REPRESENTED BY ITS MANAGING DIRECTOR ... RESPONDENTS (BY SRI S.S. NAGANAND, SENIOR COUNSEL FOR SRI. K. KRISHNA FOR C/R4; SRI E.S. INDIRESH, AGA FOR R-1; SMT. SRUTI CHAGANTI, ADVOCATE FOR R-1; SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R2 & R3; SRI B.B. PATIL, ADVOCATE FOR R2 & R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DATED 26.06.2019 ISSUED BY R-2 VIDE ANNEXURE-H; QUASH THE AWARD NOTICES DATED 08.07.2019 ISSUED BY R-2 VIDE ANNEXURES-G, G1 & G2 RESPECTIVELY AND ETC.
IN W.P.Nos.23103 & 23104 OF 2019 BETWEEN:
1. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LIMITED, NO.1, MIDFORD HOUSE MIDFORD GARDEN OFF MAHATMA GANDHI ROAD BENGALURU-560001 REPRESENTED BY ITS AUTHORISED SIGNATORY MR SRINATH MANGALORE 2. NANDI ECONOMIC CORRIDOR ENTERPRISES LIMITED, NO.1, MIDFORD HOUSE MIDFORD GARDEN OFF MAHATMA GANDHI ROAD, BENGALURU-560001 REP BY ITS AUTHORISED SIGNATORY MR SRINATH MANGALORE ... PETITIONERS (BY SRI SURYANARAYANA T., ADVOCATE) AND:
1.THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA DR.AMBEDKAR VEEDHI BENGALURU-560001 2.THE SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD (METRO RAIL PROJECT) NRUPATHUNGA ROAD BENGALURU-560001 3.KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560001 BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER 4.BENGALURU METRO RAIL CORPORATION LIMITED BMTC COMPLEX K H ROAD, SHANTHINAGAR BANGALORE-560027 REPRESENTED BY ITS MANAGING DIRECTOR ... RESPONDENTS (BY SRI S.S. NAGANAND, SENIOR COUNSEL FOR SRI. HARISH N.N. & SRI SHIVAKUMAR U.S., ADVOCATES FOR R4; SMT. SRUTI CHAGANTI, SPL. COUNSEL FOR R-1; SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R2 & R3; SRI B.B. PATIL, ADVOCATE FOR R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARDS DATED 26.04.2019 PASSED BY R-2 VIDE ANNEXURES-E AND F RESPECTIVELY AND QUASH THE AWARD NOTICES DATED 18.05.2019 ISSUED BY RESPONDENT NO.2 VIDE ANNEXURES-C & D RESPECTIVELY AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri B.B.Patil, learned counsel undertakes to file Vakalat for respondent nos.2 & 3 within one week from today since in the connected petitions, he has already filed Vakalat for the very same respondents.
2. Memos for disposal of the present writ petitions filed by the learned counsel for respondent Nos.2 and 3 are heard.
3. Memos for disposal read as follows:
“The respondents undertakes to pass fresh awards, in accordance with law, under Section 29(3) of the Karnataka Industrial Areas Development Act, 1966 read with section 11 of the Land Acquisition Act, 1894 after issuing notices to the Petitioner herein under section 9 and 10 of the Land Acquisition Act, 1894.
It is most respectfully submitted that the awards impugned herein may be set aside and the respondents be permitted to withdraw the award deposited, under Section 30 & 31 of the Land Acquisition Act, 1894, with the jurisdictional Civil Court of adjudicature.
In view of the aforesaid the above Petition may be disposed in the above terms.
Hence this memo.”
4. Petitioners have no objection to dispose of the present petitions in terms of the memos.
5. Accordingly, the impugned awards stand quashed reserving liberty to the respondents to pass fresh awards in accordance with law under Section 29(3) of the Karnataka Industrial Areas Development Act, 1966 r/w Section 11 of the Land Acquisition Act, 1894 after issuing notices to the petitioners.
6. Petitioners are permitted to approach concerned authority by making necessary representation against the proposal for issuance of fresh award. In the event of petitioners filing representation, the same shall be considered by the Competent Authority in accordance with law. It is made clear that each and every contention to be raised by the petitioners be examined and considered while passing speaking order. Speaking order shall be communicated to the petitioners within reasonable period of time.
Respondents Nos.2 & 3 are permitted to withdraw the deposited amount before the concerned jurisdictional Court by making necessary application.
With the above observations, the writ petitions stand disposed of.
Sd/- JUDGE HR