IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.6846-6853/2019 (LA-KIADB) BETWEEN 1. S. B. Channabasappa S/o Late. Basappa Aged about 59 years 2. S. B. Nayana Murthy S/o Late. Basappa Aged about 55 years 3. S. B. Basavaraju S/o Late. Basappa Aged about 50 years 4. Smt. Vijayamma D/o Late. Basappa Aged about 58 years Petitioner Nos.1 to 4 residing at Shingihalli Village,, Vemgalo Hobli Kolar Taluk – 563 133.
5. Smt. Sujatha D/o Late Basappa W/o Veerabadrappa Aged about 48 years R/at Sampigehalli Iganl Hobli, Anekal Taluk Bangalore – 560 083.
6. Smt. Suma @ Sumithra S/o Late. Basappa W/o Nanjudappa Aged about 36 years R/at Reddyhalli Village Angondahlli Post, Avant Hobli Mulbagal Taluk.
7. Smt. M. Shivabhagya D/o Late. Puttamma Aged about 49 years R/at No.64, 2nd Block 3rd Stage, 8th ‘B’ Main Basaveshwarnagar Bangalore – 560 079.
8. M. Basavaraju S/o. Late. Puttamma Aged about 47 years R/at Narasapura Village Narasapura Hobli Kolar Taluk. ... Petitioners (By Sri. Mahendra .N, Advocate) AND 1. The State of Karnataka Rep. by it Secretary Department of Industries and Commerce Vidhana Soudha Bangalore – 560 001.
2. The Chairman Karnataka Industrial Area Development Board 5th Floor, Khanija Bhavan Race Course Road Bangalore – 560 001.
3. Special Land Acquisition Officer-1 Karnataka Industrial Area Development Board Having its office at No.14/3, 1st Floor Maharshi Aravind Bhavan Nrupathunga Road Bangalore – 560 001. …. Respondents (By Sri. Dildar Shiralli, HCGP for R1;
Sri. P. V. Chandrashekar, Adv. for R-2 & R-3) These writ petitions are filed under Article 226 of Constitution of India, praying to quash the general award dated 31.12.2013 passed by the respondent No.3 U/S 11 of the Land Acquisition Act, 1894 in respect of petitioners properties bearing in Sy.No.83/5 measuring 6 guntas, Sy.No.209 (Old No.56) measuring 39 guntas and Sy.No.207 (Old No.56) measuring 2 acre all land are situated at Shingihalli Village, Vemagal Hobli, Kolar Taluk, Kolar District vide Annexure-J and etc.
These writ petitions coming on for Preliminary Hearing this day, the Court made the following:
ORDER Sri. Dildar Shiralli, learned High Court Government Pleader accepts notice for respondent No.1- State. Sri. P. V.
Chandrashekar, learned Panel counsel accepts notice for respondent Nos.2 and 3.
2. The subject matter of these writ petitions is squarely covered by the judgment dated 08.02.2019 made by this Court in W.P.No.4450/2019 (LA-KIADB).
3. There is no much dispute as to this position of fact.
4. In the above circumstances, these writ petitions succeed; a Writ of Certiorari issues quashing the impugned general award dated 30.12.2013 at Annexure-J to the extent the same comprises the petition land and further a Writ of Mandamus issues to the respondent-KIADB to treat the acquisition in question as the one done by agreement in terms of Section 29(2) of Karnataka Industrial Area Development Act, 1966 only for the limited purpose of re- determination of compensation and payment thereof to the land owners in terms of the judgment aforesaid within a period of three months.
It is needless to mention that the title to the land that has already vested with the KIADB by virtue of General Award now quashed, otherwise stands intact. It is open to the KIADB to seek any information or documents from the side of the petitioners as may be required for implementation of this mandate.
Sd/-
JUDGE SN