IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.2903 – 2906/2019 AND WRIT PETITION Nos.8274 – 8275/2019 (LA – KIADB) BETWEEN:
SRI K. GOVINDAPPA SINCE DECEASED BY HIS LR:
1. SRI T.G.RAJANNA S/O LATE K.GOVINDAPPA AGED ABOUT 53 YEARS R/AT THIPPEDASARAHALLI VILLAGE DODDERI POST, KORA HOBLI TUMKUR TALUK TUMKUR DISTRICT-572128.
2. SMT LAKSHMIDEVAMMA D/O LATE MUDALAGIRIYAPPA W/O SRI RANGANATHA AGED ABOUT 38 YEARS R/AT M.GOLLAHALLI VILLAGE BELEDHARA POST, KORA HOBLI TUMKUR TALUK TUMKUR DISTRICT-572128.
3. SMT GIRIJAMMA D/O LATE MUDALAGIRIYAPPA W/O SRI MAGADAPPA AGED ABOUT 48 YEARS R/AT THIPPEDASARAHALLI VILLAGE DODDERI POST, KORA HOBLI TUMKUR TALUK, TUMKUR DISTRICT-572128.
4. SRI THIMMAIAH S/O SRI MUDALAIAH AGED ABOUT 56 YEARS R/AT THIPPEDASARAHALLI VILLAGE HALDODDERI POST, KORA HOBLI TUMKUR TALUK TUMKUR DISTRICT-572128. ... PETITIONERS [BY SRI NATARAJA.B.S., ADV.] AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE, M.S. BUILDING, Dr. AMBEDKAR ROAD BANGALORE-560 001.
2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, REP. BY ITS EXECUTIVE DIRECTOR HEAD OFFICE AT No.49 4TH AND 5TH FLOOR, KHANIJA BHAVANA RACE COURSE ROAD BENGALURU-560 001.
3. THE LAND ACQUISITION OFFICER, KARNATAKA STATE INDUSTRIAL DEVELOPMENT BOARD [NIMZ] 1ST FLOOR, MARUTHI TOWER TUMKUR DIVISION TUMKUR-572 101. …RESPONDENTS [BY SRI B.J.ESHWARAPPA, AGA FOR R-1;
SRI P.V.CHANDRASHEKAR, ADV. FOR R-2 & R-3.] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GENERAL AWARD DATED 20.12.2013 ISSUED BY R-3 PRODUCED AT ANNEXURE-L TO THE WRIT PETITIONS; AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel appearing for the parties.
Learned counsel appearing for the parties submit ad-idem that the subject matter of these writ petitions is squarely covered by the order passed by this Court in W.P.Nos.39611-39612/2016, wherein, in paragraph Nos.2 and 3 it is observed thus:-
“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.”
In view of the aforesaid, these writ petitions stand disposed of in similar terms. Annexure – L is quashed insofar as the petitioners are concerned. The Board shall determine the compensation in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1996.
Sd/- JUDGE NC