IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY 2019 BEFORE THE HON’BLE MRS. JUSTICE S. SUJATHA WRIT PETITION NO.14520/2019 (LA-KIADB) BETWEEN:
Para Mount Garden Residents Welfare Association Talaghattapura Village, Kanakapura Road, Bengaluru 560 009.
Represented by its Treasurer …Petitioner (By Sri. Uday K. S., Advocate) AND:
1. The State of Karnataka, Department of Commerce and Industries. Vikasa Soudha, Dr. Ambedkar Road, Bengaluru 560 001.
Rep. by its Principal Secretary.
2. The Karnataka Industrial Areas Development Board, No.49, 4th and 5th Floor, East Wing, Khanija Bhavan, Race Course Road, Bengaluru - 560 001.
Rep. by its Chief Executive Officer & Executive Member.
3. The Special Land Acquisition Officer (Metro) The Karnataka Industrial Areas Development Board, 14/2, Aravinda Bhavana, Nrupathunga Road, Bengaluru - 560 001.
4. Bengaluru Metro Rail Corporation Ltd., BMTC Complex, 3rd Floor, K. H. Road, Shanthi Nagar, Bengaluru – 560 027.
Rep. by its Managing Director.
(By Sri. B. J. Eswarappa, AGA for R1 Sri. H. L. Pradeep Kumar, Adv. for R2 & R3 Sri. K. Krishna, Adv. for R4) …Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned general award dated 30-06-2018 passed by Respondent No.3 at Annexure-C and etc.
This writ petition coming on for preliminary hearing this day, the Court made the following:
ORDER Learned AGA is permitted to accept notice on behalf of Respondent No.1. Sri. H. L. Pradeep Kumar, learned counsel takes notice in respect of Respondent Nos.2 & 3. Sri. K. Krishna, learned counsel takes notice in respect of Respondent No.4.
2. Learned counsel appearing for the parties submit that the issue involved in this writ petition is no more res integra and is squarely covered by the order of the this Court dated 28-08-2018 in WP Nos.34071-74/2017 as well as order dated 16-09-2016 in WP Nos.39611- 612/2016 wherein it has been held thus:-
“3. In the circumstances, these petitions are allowed. General award at Annexure-F in 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. The said submission is placed on record.
4. In view of the same, this writ petition deserves to be disposed of in similar terms.
Accordingly, writ petition is allowed.
The impugned Award in so far as it pertains to the petition schedule property is quashed. The Special Land Acquisition Officer, KIADB – Respondent No.3, is directed to consider the case of the petitioner for payment of compensation in terms of Section 29[2] of the Karnataka Industrial Areas Development Act, 1966.
SD/- JUDGE VP