IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 20TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S. G. PANDIT W.A.Nos.174 OF 2017 AND 1579 OF 2017 (LA-KIADB) BETWEEN:
SMT. PUTTAMMA WIFE OF LATE THIMMAIAH @ THIMMA AGED ABOUT 71 YEARS RESIDING AT AREBINNAMANGALA VILLAGE JALA HOBLI BENGALURU NORTH TALUK BENGALURU DISTRICT – 562 129.
... APPELLANT (BY SRI. BASAVARAJU.P., ADVOCATE) AND:
1. STATE BY THE DEPARTMENT OF COMMERCE AND INDUSTRIAL 1ST FLOOR VIKASA SOUDHA BENGALURU – 560 001 REPRESENTED BY PRINCIPAL SECRETARY.
2. THE SPECIAL DEPUTY COMMISSIONER BENGALURU DISTRICT KIADB, NRUPATUNGA ROAD BENGALURU – 560 002.
3. THE SPECIAL LAND ACQUISITION OFFICER, KIADB OFFICE-2 NO.49, KANIJA BHAVANA EAST WING, V-FLOOR RACE COURSE ROAD BENGALURU – 560 001.
4. SMT. TANGIYAMMA WIFE OF LATE C. NARAYANAPPA AGED ABOUT 63 YEARS RESIDENT OF AREBINNAMANGALA VILLAGE JALA HOBLI BENGALURU NORTH TALUK BENGALURU DISTRICT–562 129 ... RESPONDENTS (BY SRI.S S MAHENDRA, AGA. FOR RESPONDENT No.1 SRI. P.V.CHANDRASHEKAR, ADVOCATE FOR RESPONDENT No.2 SRI. G SUKUMARAN, ADVOCATE FOR RESPONDENT No.4 RESPONDENT No.3 –SERVICE HELD SUFFICIENT VIDE ORDER DATED 07/02/2019) THESE APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER IN SO FAR AS NON-PASSING ORDER AND DIRECTION TO PAY INTEREST ON THE CONSENT AWARD AMOUNT IN WRIT PETITION Nos.12187-188/2016 DATED 02/11/2016 AND BE PLEASED TO PASS NECESSARY ORDERS OR ISSUE DIRECTION AGAINST THE RESPONDENTS TO PAY INTEREST ON THE CONSENT AWARD AMOUNT FROM THE DATE OF TAKING POSSESSION OF THE LAND AND TILL PASSING AWARD BY THE THIRD RESPONDENT.
THESE APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the impugned order dated 2.11.2016 passed by the learned Single Judge in W.P.Nos.12187-188 of 2016, by which the petitions were disposed off, the first petitioner has preferred this appeal.
2. The plea of the appellant is that the writ petition was filed for various reliefs, including grant of interest on the consent award.
3. During the pendency of the matters before the learned Single Judge, the award has been passed. Since no interest has been awarded the same is disputed.
4. On hearing learned counsel, we are of the view, that the material on record would indicate that an Indemnity Bond was furnished by the appellant on 28.06.2016 in terms of Annexure-L and on the same day itself award has been passed. Therefore, the question of granting interest for the previous period would not arise for consideration. Consent having been given for acquisition, it cannot be taken advantage of by the appellant. The learned Single Judge has passed a reasoned order. Therefore, the impugned order dated 2.11.2016 passed by the learned Single Judge in W.P.Nos.12187-188 of 2016 needs no interference. Hence, the appeals are dismissed.
Sd/- Sd/-
JUDGE JUDGE NG* CT:bms