IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.29285/2019 (LA - KIADB) BETWEEN:
SMT. SIDDAMMA, W/O LATE KAMAIAH @ KAMANNA, AGED ABOUT 70 YEARS, RESIDING AT NANDIHALLI VILLAGE, KABBIGERE POST, BELLAVI HOBLI, TUMKUR TALUK -572 138.
...PETITIONER (BY SRI.MAHESHA D., ADVOCATE SRI.NIJALINGAPPA M.E., ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE – 01.
2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, #14/3, II FLOOR, R.P. BUILDING, NRUPATHUNGA ROAD, BANGALORE – 01.
3. THE SPECIAL LAND ACQUISITION OFFICER NIMZ, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, I FLOOR, MARUTHI TOWER, NEAR SIT MAIN GATE, TUMKUR – 572 103.
(BY SRI. E.S.INDIRESH, AGA FOR R1;
… RESPONDENTS SRI.P.V.CHANDRASHEKAR, ADV., FOR R2 AND R3) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GENERAL AWARD DATED 20.12.2013 PASSED BY R-3 IN RESPECT OF THE P-1 WAS THE ABSOLUTE OWNER OF LAND BEARING SY.NO.21/1 MEASURING 01 ACRE 7.12.00 GUNTAS, SITUATED AT SANGENAHALLI VILLAGE, KORA HOBLI, TUMKUR TALUK, TUMKUR DISTRICT PETITIONER IS CONCERNED WHICH IS PRODUCED AT ANNEXURE – C AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Mahesha.D, learned Counsel for the petitioner. Sri.E.S.Indiresh, learned Additional Government Advocate for respondent No.1.
Sri.P.V.Chandrashekar, learned Counsel for the respondents No.2 and 3.
In view of the submission made by learned counsel for the petitioner, office objection is ignored.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
“i) Issue a writ of certiorari quashing the General award bearing No.KIADB:LAQ No.2013- 14 dated 20.12.2013 passed by 3rd respondent in respect of the 1st petitioner was the absolute owner of land bearing sy.No.21/1 measuring 01 acre 07.12.00 guntas, situated at Sangenahalli village, Kora Hobli, Tumkur Taluk, Tumkur District of petitioner is concerned, which is produced at ANNEXURE-C.
ii) Issue any suitable order, direction or writ in the nature of Mandamus directing the respondents herein to consider the case of the petitioners as per section 29(2) of the KIAD Act.”
4. When the matter was taken up today, learned counsel for the parties jointly submitted that the controversy involved in this petition is squarely covered by an order dated 6.09.2019 passed in W.P.NOs.22311-316/2016 (LA-KIADB).
5. In view of the submission made by learned counsel for the parties and for the reasons assigned in the order dated 6.09.2016 passed in the aforesaid writ petitions, the impugned general award dated 20.12.2013 passed by respondent No.3 in respect of land admeasuring 1 acre and 7.12.00 guntas insofar as it pertains to the petitioner is hereby quashed. Respondent No.3 is directed to consider the case of the petitioner for determination of the compensation in terms of Section 29(2) of the KIAD Act within a period of eight weeks from the date of receipt of copy of this order. Respondent No.3 is directed to withdraw the amount deposited in this Court.
With the aforesaid direction, the writ petition is disposed of.
Sd/- JUDGE ln.