IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION Nos.1652-1654/2019 & WRIT PETITION No.3253/2019 (LA-KIADB) Between:
1. Smt. Sharadamma, D/o. Bheemanna, W/o. Late Siddalingappa, Aged about 63 years, R/o. Oorukere, Kasaba Hobli, Tumakur Taluk & District-572 106.
2. Sri. K.S. Mahesha S/o. K.B. Siddappa, Aged about 37 years.
3. Smt. K.S. Sharada D/o. Late K.B. Siddappa W/o. Pratapa, Aged about 35 years.
Petitioners No.2 & 3 are R/o. Kodihally Village, Kattur Post, Kora Hobli-572 128, Tumakuru Taluk and District. ... Petitioners (By Sri. V.B. Siddaramaiah, Advocate) And 1. The State of Karnataka, Department of Industries and Commerce, Ground Floor, Vikasa Soudha, Bengaluru-560 001.
Rep. by its Principal Secretary to Government.
2. Karnataka Industrial Area Development Board, No.45, 4th and 5th floors, Khanija Bhavana, Race Course Road, Bengaluru-560 001.
Rep. by its Chief Executive Officer.
3. The Special LAO, KIADB, NIMZ, N.H.206, Near SIT Main Gate, Batawadi, Tumkur-572 101. ... Respondents (By Sri. Dildar Shiralli, HCGP for R1;
Sri. P.V. Chandrashekar, Advocate for R2 & R3) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the General Award dated 23.12.2013 passed by the R-3, the Special LAO, NIMZ, KIADB, Maruthi Towers, 1st Floor, Near SIT College Main Door, B.H. Road, Tumkur, vide Annexure-A, with respect to land of the petitioner in Sy.No.45/2 of Batsandra Village, Kora Hobli, Tumakuru Taluk, with respect of 1st petitioner’s land to an extent of 8.4375 guntas and etc., These Writ Petitions are coming on for Preliminary Hearing this day, the Court made the following:
ORDER The learned counsel for the petitioners, on the basis of the pleadings, submits and the learned High Court Government Pleader and the learned Senior Panel Counsel for the respondent-KIADB having accepted notice for the respective respondents on request, do not deny that the subject matter of these writ petitions is akin to the one in cognate Writ Petition No.31702/2018 (LA-KIADB) that has been disposed of by this Court vide judgment dated 29.11.2018 and therefore, similar relief be granted to these petitioners as well.
2. The judgment in the aforesaid cognate writ petition at paragraph Nos.2 and 3 reads as under:
“2. The learned High Court Government Pleader and also the learned Panel counsel for the respondent-KIADB are broadly in agreement that the fact matrix of this writ petition matches with that in W.P.Nos.39611-39612/2016 (LA-KIADB) disposed of by the Coordinate Bench of this Court vide judgment dated 16.09.2016 . The paragraphs 2 and 3 of the decision passed in W.P.No.39611- 39612/2016 (LA-KIADB) reads as under:-
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. There is an assurance from the side of the respondent-Government and the respondent KIADB that petitioner’s representation shall be considered in terms of paragraphs-2 and 3 of the decision cited above for treating the said acquisition as the one made with the consent of the land owner for the purpose of payment of compensation under Section 29(2) of the Karnataka Industrial Area Development Act, 1966 within a reasonable period.”
3. In view of the above, these writ petitions succeed in terms of the decision cited in the judgment mentioned above; a Writ of Certiorari issues quashing the impugned awards dated 23.12.2013 at Annexure-A, 20.12.2013 at Annexure-B and 20.12.2013 at Annexure-C, so far as it relates to subject lands of the petitioners only for the limited purpose of re-determination and payment of compensation as if the acquisition is by agreement in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966.
4. Time for compliance is three months, subject to petitioners furnishing required information and documents as may be solicited by respondent No.3- Special Land Acquisition Officer of the Karnataka Industrial Area Development Board.
Sd/- JUDGE RB