IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.57754/2015 (GM – KIADB) BETWEEN:
SRI B.NANJAPPA SINCE DEAD BY LRs 1. M.N.CHANDRASHEKAR S/O LATE NANJAPPA AGED ABOUT 55 YEARS 2. M.N.YESHWATH KUMAR S/O LATE NANJAPPA AGED ABOUT 48 YEARS BOTH ARE R/AT SY.No.8/1 & 8/2 K.G.SRINIVASAPURA SOMPURA HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT-562123.
[CAUSE TITLE AMENDED AS PER COURT ORDER DATED 07.09.2016] …PETITIONERS (BY SRI M.SHIVAPRAKASH, ADV.) AND:
1. THE PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE STATE OF KARANTAKA, VIDHANA SOUDHA BANGALORE-560001.
2. THE EXECUTIVE OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD KHANIJA BHAVAN, RACE COURSE ROAD BANGALORE-560001.
3. THE MANAGING DIRECTOR KARNATAKA UDYOGA MITRA AND MEMBER SECRETARY STATE LEVEL SINGLE WINDOW CLEARANCE COMMITTEE KHANIJA BHAVAN, RACE COURSE ROAD BANGALORE-560001. …RESPONDENTS (BY SRI K.R.NITYANANDA, HCGP. FOR R-1; SRI P.V.CHANDRASHEKAR, ADV. FOR R-2; SRI B.B.PATIL, ADV. FOR R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD TO PROVIDING INFRASTRUCTURES VIZ., ELECTRICITY, DRAINAGE, AND WATER REQUIRED FOR INDUSTRIAL INFRASTRUCTURES; AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel Sri.B.B.Patil accepts notice for the respondent No.3.
2. The petitioners have sought for a writ of mandamus directing the respondent authorities to specify the development charges as prevailing in the year 2013 and by collecting the same to issue necessary documents in favour of petitioners land bearing Sy.No.8/1 and 8/2 of K.G.Srinivaspura, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District.
3. The petitioners claim that they are the absolute owners in possession of land bearing Sy.No.8/1 and 8/2 measuring to an extent of 2 acres 14 guntas in K.G.Srinivaspura, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District. The KIADB caused notification to acquire certain extent of land to form industrial area in the Hobli of Sompura Taluk, Nelamangala, whereby the petitioners’ land in Sy.No.8/1 and 8/2 were included in the said notifications, issued under Section 28[1] and 28[4] of the Karnataka Industrial Areas Development Act, 1966. It appears that the authorities being convinced with the genuine request made by the petitioners placed subject matter before the Karnataka Udyoga Mithra in order to obtain necessary sanction, for denotification/deletion, in the meanwhile the petitioners have also made necessary application before the Karnataka State Pollution Control Board, Department of Industries and Commerce. The Managing Director – respondent No.3 has placed the project proposal of the petitioners before the 79th State Level Single Window Clearance Committee [SLSWCC] sub-committee held on 17.07.2013.
4. It is the grievance of the petitioners that the second respondent – KIADB till date has not responded with definite intimation quantifying the development charges the petitioners are obligated to pay. Hence, the present writ petition.
5. Learned counsel for the petitioners along with a memo dated 21.10.2019 has filed a communication dated 09.08.2019 addressed by the KIADB to the learned counsel appearing for the Board and the same is quoted hereunder:
“With reference to the above, this is to inform that, the Board is aggreable for allotment of 1 acre 04 guntas of land in Sy.No.8/1 and 28 ½ guntas of land in Sy.No.8/2 of K.G.Srinivasqapura Village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District in favour of the legal heirs of late B.Nanjappa bin late Bailappa viz., Sri.Chandrashekar and Sri.M.N.Yashwanthkumar jointly, by collecting development cost and Board service charges for establishment of Industrial Warehousing unit as per the decision of SLSWCC meeting dated 10.07.2013.
Further, the remaining 21 ½ guntas of land in Sy.No.8/2 of KG Srinivasapura Village, Sompura HObli, Nelamangala Taluk, Bengaluru Rural District will be utilized by the Board for road and Plot No.35 of Avverahalli Industrial Area. The land compensation amount for the said 21 ½ guntas of land will be paid to the legal heirs of erstwhile land owner.
The same may be brought to the notice of the Hon’ble Court in the said matter.”
6. In view of the aforesaid, it is clear that the grievance of the petitioners has been redressed by the Board. The Board shall specify the development costs and Board service charges to be collected for establishment of Industrial Warehousing unit as per the decision of the SLSWCC meeting dated 10.07.2013. The compliance shall be made by the Board in an expedite manner in any event not later than four weeks from the date of receipt of certified copy of the order.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE NC.