IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION Nos. 7302-7306 OF 2019 (LA-KIADB) BETWEEN:
Smt. Shanthamma, 63 yrs, W/o late P.Ramaiah, R/o No.259/4, 2nd Cross, Sri Raghavanagar, Mysore Road, Bengaluru-560 026. … Petitioner (By Sri. M. Krishnappa, Advocate) AND:
1. State of Karnataka, Rep. by its Principal Secretary to Government, Department of Industries & Commerce, Vikasa Soudha, Bengaluru-560001.
2. The Karnataka Industrial Area Development Board, Khanija Bhavan, Race Course Road, Bengaluru- 560001.
Rep. by its Chief Executive Officer.
3. The Special Land Acquisition Officer, The Karnataka Industrial Area Development Board (Metro), No.14/3, Aravindha Bhavan, Nrupatunga Road, Bengaluru-560001.
4. Bangalore Metro Rail Corporation Ltd., Chinnaswamy Cricketstadium annexe, M.G.Road, Bengaluru- 560001.
Rep by its Managing Director.
5. Sri. Krishnappa, aged 53 yrs S/o late Thimmappa.
6. Sri. Vasudevaiah, aged 51 yrs S/o late Thimmappa.
7. Sri. T. Rajagopal, aged 49 yrs S/o late Thimmappa.
8. Sri. T. Umesh, aged 46 yrs S/o late Thimmappa.
9. Smt. R. Sujatha, aged 43 yrs W/o T. Umesh.
Respondents 5 to 9 are all residing at Anchepalya, Tumkur Road, Nagasandra Post, Bengaluru-560073.
10. Smt. Vishalakshi, aged 40 yrs, W/o. M. Narayanappa, R/o No.137, 3rd Cross, Ramakrishna Nagar, Nandini Layout, 4th Stage, Bengaluru- 560 096. … Respondents (By Sri. Dildar Shiralli, HCGP for R1 Sri. P.V.Chandrashekar, Advocate for R2 & R3 Sri. K.Krishna, Advocate for R4 Sri. Javeed.S, Advocate for R5 to R10) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned general awards dated 12.05.2017 Annexures- F, G, H, J, K all were passed by the R-3 with respect to the petitioners lands bearing [1] Sy.No.24/1A1 [ID No.R3C-44] measuring 20.00 Sq.Mtrs [2] Sy.No.24/1A1 [ID No.R3C-46] measuring 25.00 Sq.Mtrs. [3] Sy.No.24/1A1 [ID No.R3C-45] measuring 25.00 Sq.Mtrs+25.00 Sq.Mtrs=50 Sq Mtrs [4] Sy.No.24/1A1 [ID No.R3C-
48] measuring 111.00 Sq.Mtrs [5] Sy.No.24/1A1 [ID No.R3C-49] measuring 65.00 Sq.Mtrs all are situated at Chikkabidarakalu Village, Dasanapura-2 Hobli, Bangalore North Taluk and etc.
These Petitions coming on for Preliminary Hearing this day, the court made the following:-
ORDER Learned counsel for the petitioner asserts, and the learned counsel appearing on the other side, on request, does not dispute that the subject matter of these writ petitions is substantially similar to the one in cognate W.P.Nos.5079-5082/2018 (LA-KIADB) that has been disposed of by a Co-ordinate Bench of this Court vide judgment dated 19.06.2018, granting relief to the litigant therein.
2. Learned Panel counsel for the respondents-KIADB brings to the notice of this Court a copy of the judgment dated 17.01.2019 in identical W.P.No.52298/2018 (LA-KIADB), which has incorporated certain conditions that are applicable to petitioner’s case, as well. He further contends that these conditions need to be incorporated in the present writ petitions also. There is no objection to this from the side of the petitioners.
4. In view of the above, these writ petitions succeed in part; a writ of certiorari issues quashing impugned General Awards at Annexures-F to K, all dated 12.05.2017, to the extent of the petition lands and further, a writ of mandamus issues to treat the acquisition of the lands in question as the ones made with agreement in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 for the limited purpose of re-determination and payment of compensation to the land owners in accordance with law.
It is needless to mention that the title vested by virtue of the impugned General Awards now quashed remains otherwise in tact with the beneficiaries of acquisition. The terms in W.P.No.52298/2018 (LA-KIADB) apply to these cases also.
Costs made easy.
Sd/- JUDGE SMJ/KLV