IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.No.25097/2017 (LA-KIADB) BETWEEN 1. RAJAKUMAR C., S/O LATE CHIKKANARASAPPA, AGED ABOUT 44 YEARS, 2. JAYAMMA AGED ABOUT 67 YEARS, W/O LATE NARASAPPA 3. CHIKKABYRAPPA AGED ABOUT 85 YEARS, S/O LATE CHIKKANNA 4. M.N.BYREGOWDA AGED ABOUT 56 YEARS, S/O LATE MUDDABYRAPPA ALL ARE R/O NALLAKADIRENAHALLI VILLAGE, NAGASANDRA POST, BANGALORE-560073. ... PETITIONERS (By Sri C.M.NAGABUSHANA, ADV.) AND 1. THE STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, DR.AMBEDKAR ROAD, BANGALORE-560 001 REP.BY ITS PRINCIPAL SECRETARY.
2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT, NO.49, 4TH & 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560 001, REP BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER.
3. THE SPECIAL LAND ACQUISITION OFFICER, THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT, BOARD, NO.49, 4TH & 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560 001. ... RESPONDENTS (By Sri VIJAYAKUMAR A.PATIL, AGA FOR R2 & R3; Smt.PRAMODINI KISHAN, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED GENERAL AWARD DATED 11.12.2008 PASSED BY R-3 AT UNDER SEC. 29(3) OF THE KIAD ACT, VIDE ANNEXURE-C AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Learned Additional Government Advocate takes notice for respondent no.1.
2. Learned Counsel Mr. Vijaykumar A.Patil undertakes to appear for respondents 2 & 3.
3. Petitioners claim to be the owners of land measuring 16 guntas comprised in Sy.No.26/2 of Kariobelenahalli Village, Yeshwanthpur Hobli, Bengaluru North Taluk.
Land in question was notified for acquisition vide preliminary notification issued under Section 28(1) of the Karnataka Industrial Areas Development Act (for short, ‘the Act) on 01.03.2006. This was followed by final notification issued under Section 28(4) of the Act on 11.07.2007.
4. A general award has been passed on 11/17.12.2008.
Challenge in this writ petition is to the said award passed by respondent No.3. Petitioners contend that in respect of similarly placed persons, KIADB has granted higher compensation by acting under Section 29(2) of the Act based on the consent and agreement of land losers. It is in this background, petitioners have approached this Court seeking to quash the general award and for a direction to the respondents to consider the case of the petitioners as per Section 29(2) of the Act.
5. Learned counsel for both parties submit that in W.P.No.31238/2016 disposed of on 23.09.2016, this Court, while setting aside the general award, has issued direction to the respondent - Special Land Acquisition Officer therein to consider the case of the petitioner for determination of compensation by way of agreement under Section 29(2) of the Act. Observations made and directions issued therein in paragraph 3 of the order are usefully extracted as under:
“In the circumstances, this petition is allowed. General Award at Annexure-C insofar as it relates to petitioner is quashed. A direction shall ensue to the third respondent – Special Land Acquisition Officer, KIADB, to consider the case of the petitioner 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 insofar as petitioner is concerned will stand restored, until the dispute is resolved in favour of the petitioner. The third respondent is permitted withdraw the award amount in relation to the aforesaid land, if deposited in the Civil Court. No costs.”
6. Following the order dated 23.09.2016 passed in W.P.No.31238/2016, this writ petition is also disposed of in similar terms.
7. Writ petition is allowed. General award dated 11/17.12.2008 passed by the Special Land Acquisition Officer is set aside insofar as petitioners are concerned. Respondents are directed to determine the compensation by way of agreement under Section 29(2) of the Act, as expeditiously as possible, at any rate, within eight weeks from the date of receipt of a copy of this order. Compensation shall be paid to the petitioners, if there is no dispute with regard to title to the land in question. If there is any such dispute, then the general award will stand restored. Respondent No.3 – Special Land Acquisition Officer is permitted to withdraw the amount deposited, if any, in the Civil Court, so as to enable him to disburse the same in accordance with law.
8. Learned Additional Government Advocate is permitted to file memo of appearance within three weeks from today.
9. Learned Counsel Mr. Vijaykumar A.Patil appearing for respondents 2 & 3 is permitted to file vakalath within two weeks from today.
Sd/- JUDGE KK