IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.49804/2019 (LA – KIADB) BETWEEN:
1. SMT.SARASWATHAMMA W/O LATE SRI M.NARAYANAPPA @ NARAYANASWAMY AGED ABOUT 62 YEARS.
2. SRI NAVEEN S/O LATE SRI.M.NARAYANAPPA @ NARAYANASWAMY AGED ABOUT 28 YEARS.
3. SRI MADHUSUDHAN.N @ MADHU S/O LATE SRI.M.NARAYANAPPA @ NARAYANASWAMY AGED ABOUT 27 YEARS.
4. SRI AMARNATHA S/O LATE SRI.M.NARAYANAPPA @ NARAYANASWAMY AGED ABOUT 24 YEARS ALL THE PETITIONERS ARE R/AT MASTHENAHALLI VILLAGE KAIWARA HOBLI, CHINTHAMANI TALUK CHICKBALLAPUR DISTRICT. …PETITIONERS (BY SRI KESHAVA BHAT.A., ADV.) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT COMMERCE AND INDUSTRIES DEPARTMENT M.S. BUILDING, Dr. B.R.AMBEDKAR VEEDHI BANGALORE-560001.
2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER No.14/3, II FLOOR, R.P. BUILDING NRUPATHUNGA ROAD BANGALORE-560001.
3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD 1ST FLOOR, R.P. BUILDING NRUPATHUNGA ROAD BANGALORE-560001. …RESPONDENTS (BY SRI E.S.INDIRESH, AGA. FOR R-1;
SRI L.PRADEEP KUMAR, ADV. FOR R-2 & R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GENERAL AWARD OF THE RESPONDENT No.3 DATED 24.06.2017 VIDE ANNEXURE-A AS IT PERTAINS TO 0-26 GUNTAS OF LAND IN SURVEY No.53 OF MASTENAHALLI VILLAGE, KAIWARA HOBLI, CHICKBALLAPURA DISTRICT; AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners have challenged the general award dated 24.06.2017 passed by respondent No.3 vide Annexure-A to the writ petition relating to the land of the petitioners bearing Sy.No.53 measuring 0-26 guntas.
2. Learned counsel appearing for the parties submit ad-idem that the subject matter of this writ petition is squarely covered by the order of this Court passed in W.P.Nos.39611-39612/2016, wherein, in paragraph Nos.2 and 3 it is observed thus:-
“2. Section 29(2) of ‘KIAD Act’, provides for determination of compensation by way of agreement. Therefore, petitioners are entitled to such a consideration since it is stated that by agreement, petitioners would be entitled to a better price as compensation instead of a determination by way of a general award. In addition, it is stated that there would be a finality to the acquisition proceedings and also for settlement of compensation since petitioners would be disentitled to challenge the same and to seek for higher market value/compensation. Therefore, there is a need to interfere with the general award at Annexure-F in so far as petitioners are concerned.
3. In the circumstances, these petitions are allowed. General award at Annexure-F on 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. For the reasons stated in the aforesaid order, the general award at Annexure – A dated 24.06.2017 in respect of survey number aforementioned is hereby quashed. Respondent No.3 is directed to consider the case of the petitioners for determination of compensation in terms of Section 29(2) of KIAD Act, keeping in mind the order referred to above.
4. Compliance within eight weeks from the date of receipt of certified copy of this order. Respondent No.3 is permitted to withdraw the amount in deposit in the Civil Court.
Writ petition stands disposed of accordingly.
NC.
Sd/- JUDGE