IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT WRIT PETITION Nos.54101- 54112/2018 AND WRIT PETITION Nos.56802 - 56803/2018 (LA-KIADB) Between:
1. Sri Anjanaiah S/o. Late Venkatappa @ Annaiah, Aged about 50 years, Residing at No.180/43, 2nd ‘A’ Main Road, 4th Cross, Bannappa Layout, Yamalur Post, Bengaluru – 560 037.
2. Smt. Alamelamma, W/o. Late Nagaraju, Aged about 63 years, Residing at No.180/43, 2nd ‘A’ Main Road, 4th Cross, Bannappa Layout, Yamalur Post, Bengaluru – 560 037.
3. Sri. R. Ganesh, S/o. Late Sri. Ramakrishna Reddy, Aged about 48 years, Residing at Yamalur Village, Vimanapura Post, Bengaluru – 560 037.
4. Sri. Nagabhushan S/o. Late Sri. Krishna Reddy, Aged about 57 years, Residing at No.162, 14th Main, Doddanakundi Village, Bengaluru – 560 037.
5. Smt. K. Nagamma W/o. Sri. S. Shankarappa, Aged about 76 years, Residing at Yamalur Village, Marathahalli Hobli, Bengaluru East Taluk, Bengaluru – 560 037.
6. Sri. A. Chandrappa Reddy, S/o. Sri. K.C. Annaiah Reddy, Aged about 55 years, Residing at No.542, Y. Nanjappa Reddy Layout, 8th Block, Koramangala, Bengaluru – 560 095.
7. Sri. Govinda Ganappa, S/o. Sri. Lakshman Rao Ganapa, Aged about 61 years, Residing at No.6-3-9 Vedanagar, Gadwal, Mehaboobnagar, Andhra Pradesh – 509 129.
8. Smt. Narasamma, W/o. Sri. Devappa, Aged about 65 years, Residing at No.321, 5th Cross, Shanubogue Colony, Yamalur Village, Bengaluru – 560 037.
9. Sri. K. Venkateshwara Rao, S/o. Sri. K. Gopalakrishna Rao, Aged about 53 years, Residing at No.4, Circular Street, Shanthinagar, Bengaluru – 560 027.
10. Sri. Syed Naveed Ahmed, S/o. Late Sri. S.A. Khayum, Aged about 47 years, Residing at No.9, Hayes Road Cross, Richmond Town, Bengaluru – 560 025.
11. Sri. R. Venkatesh, S/o. Late Ramaiah, Aged about 49 years, Residing at CKB Layout, Munnekolalu, Bengaluru – 560 037.
12. Sri. B. M. Gurumurthy, S/o. Late Munireddy, Aged about 59, No.86, 11th Cross, Bellandur Village, Bellandur Post, Bengaluru – 560 103.
13. B.M. Gopal Reddy, S/o. Late Munireddy, Aged about 57 years, Munireddy Garden, Near Rasaganga Hotel, Bellandur Village, Bellandur Post, Bengaluru – 560 103.
14. Sri. B.M. Vasudeva, S/o. Late Munireddy, Aged about 55 years, 10th Cross, Bellandur Village, Bellandur Post, Bengaluru – 560 103. ... Petitioners (By Sri. Ashok Haranahalli, Senior Advocate for Sri. Shivananda .S, Advocate) And 1. State of Karnataka, Represented by its Principal Secretary, Department of Commerce & Industries, No.106, I Floor, Vikasa Soudha, Dr. B.R. Ambedkar Veedi, Bengaluru – 560 001.
2. The Land Acquisition Officer, Karnataka Industrial Areas Development Board, No.49, 4th and 5th Floor, Khanija Bhavan, Race Course Road, Bengaluru – 560 001.
3. The Karnataka Industrial Areas Development Board, No.49, 4th and 5th Floor, Khanija Bhavan, Race Course Road, Bengaluru – 560 001.
4. The Special Land Acquisition Officer, The Karnataka Industrial Areas Development Board, No.49, 4th and 5th Floor, Khanija Bhavan, Race Course Road, Bengaluru – 560 001. ... Respondents (By Sri. Dildarshiralli, HCGP for R1;
Sri. B.B. Patil, Advocate for R2 and R3; R4-Served) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the notification under Section 3(1) of KIADB Act, 1996 passed by R-1 vide notification dated 28.05.2005 vide Annexure-D and etc.
These Writ Petitions are coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
ORDER The short grievance of the petitioners regardless of the text of their prayer in the writ petitions now is, non- consideration of their representations at Annexures-H to H9, wherein they have sought for deletion of their lands from acquisition process in question in terms of the Resolution passed by the Board of the respondent-KIADB on 06.01.2018, a copy whereof is at Annexure-K.
2. Sri. Ashok Haranahalli, the learned Senior Counsel appearing for the petitioners submits that already beneficiary of the intended acquisition i.e., KIADB itself has passed a Resolution as aforesaid proposing to leave the lands in question from the acquisition process and under the Scheme of the Act, the State being the authority to acquire, is required to consider the representations of the petitioners in terms of the said Board resolution. This having not been done, he submits, the petitioners have approached the writ Court.
3. Sri. Dildar Shiralli, learned High Court Government Pleader appearing for respondent No.1-State submits that the Government needs a reasonable period for considering the representations of the petitioners, keeping in view the Resolution passed by the KIADB, in accordance with law after hearing all the stake holders.
4. In the above circumstances, these writ petitions succeed in part; a Writ of Mandamus issues to the respondent-State to consider petitioners’ representations dated 18.11.2016, 13.01.2017 and 09.12.2016 at Annexures- H to H9 in terms of the third respondent-KIADB’s Resolution dated 06.01.2018 at Annexure-K, within a period of three months in accordance with law.
It is open to the respondent-State to solicit any information or documents from the petitioners or from the respondent-KIADB as are required for due consideration of petitioners’ representations, subject to the rider that, in the guise of such solicitation, no delay shall be brooked.
All contentions of the parties are kept open, and liberty is reserved to the petitioners to challenge the proposed acquisition if the Government turns down the Representations.
Sd/- JUDGE RB