IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3rd DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.Nos.36633/2017 & 41669-41673/2017 (LA-KIADB) BETWEEN Sri. Junjappa @ Junjaiah, S/o Late Kareramaiah, Aged about 72 years, R/at Kolalukunte, Kora Hobli, Tumkur Taluk-572 128. ... Petitioner (By Sri. Jagadish Baliga. N, Advocate) AND:
1. The State of Karnataka, By its Secretary, Department of Commerce and Industries, Vidhana Soudha, Bengaluru-01.
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2. The Karnataka Industrial Area Development Board, By its Chief Executive Officer & Executive Member, 4th and 5th Floors, Khanija Bhavana, Race Course Road, Bengaluru-01.
3. The Special Land Acquisition Officer Nimz Karnataka Industrial Areas Development Board, 1st Floor, Maruthi Tower, Near SIT Main Gate, Tumkur-572 103. … Respondents (By Sri. Vijaya Kumar. A. Patil, AGA for R1; Sri. H.L. Pradeep Kumar 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 20.12.2013 passed by R3 in respect of Sy. No.11 measuring 33.08 guntas, Sy. No.13/1 measuring 1 acre 5 guntas, Sy. No.13/2 measuring 1 acre 10 guntas, Sy. No.13/3 measuring 1 acre 16 guntas, Sy. No.13/5 measuring 0.23 guntas and Sy. No.13/6 measuring 0.30 guntas of Bahujanahalli Village, Kora Hobli, Tumkur Taluk, Tumkur District, belonging to petitioner is concerned, vide Annexure-C.
These Petitions coming on for Preliminary Hearing this day, the Court made the following:-
ORDER Petitioner claims to be the owner of lands measuring 33 guntas comprised in Sy.No.11, Sy.No.13/1 measuring 1 acre 5 guntas, Sy.No.13/2 measuring 1 acre 10 guntas, Sy.No.13/3 measuring 1 acre 16 guntas, Sy.No.13/5 measuring 0.23 guntas and Sy.No.13/6 measuring 0.30 guntas of Bahujanahalli Village, Kora Hobli, Tumkur Taluk, Tumkur District. The above lands have been acquired for the benefit of respondent – Karnataka Industrial Areas Development Board (for short, ‘the KIADB’) vide preliminary notification issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (for short, ‘the Act’) on 01.12.2009, followed by final declaration issued under Section 28(4) of the Act on 23.07.2010.
2. A general award has been passed on 20.12.2013.
Challenge in this writ petition is to the said award passed by respondent No.3. Petitioner contends that in respect of similarly placed persons, KIADB has granted higher compensation by acting under Section 29(2) of the Act based on the consent and agreement of land losers. It is in this background, petitioner has approached this Court seeking to quash the general award and for a direction to the respondents to consider the case of the petitioner as per Section 29(2) of the Act.
3. Learned counsel for both parties submit that in W.P.No.31238/2016 disposed of on 23.09.2016, this Court, while setting aside the general award, has issued direction to the respondent - Special Land Acquisition Officer therein to consider the case of the petitioner for determination of compensation by way of agreement under Section 29(2) of the Act. Observations made and directions issued therein in paragraph 3 of the order are usefully extracted as under:
“In the circumstances, this petition is allowed. General Award at Annexure-C insofar as it relates to petitioner is quashed. A direction shall ensue to the third respondent – Special Land Acquisition Officer, KIADB, to consider the case of the petitioner 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 insofar as petitioner is concerned will stand restored, until the dispute is resolved in favour of the petitioner. The third respondent is permitted to withdraw the award amount in relation to the aforesaid land, if deposited in the Civil Court. No costs.”
1. Following the order dated 23.09.2016 passed in W.P.No.31238/2016, this writ petition is also disposed of in similar terms.
2. Writ petition is allowed. General award dated 20.12.2013 passed by the Special Land Acquisition Officer is set aside insofar as petitioner is concerned. Respondents are directed to determine the compensation by way of agreement under Section 29(2) of the Act as expeditiously as possible, at any rate, within eight weeks from the date of receipt of a copy of this order. Compensation shall be paid to the petitioner, if there is no dispute with regard to title to the land in question. If there is any such dispute, then the general award will stand restored. Respondent No.3 – Special Land Acquisition Officer is permitted to withdraw the amount deposited, if any, in the Civil Court, so as to enable him to disburse the same in accordance with law.
Sd/- JUDGE Brn