IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.41412/2015 & 11239/2016 c/w W.P.Nos.41410/2015 & 6762/2016 (LA – KIADB) IN W.P.Nos.41412/2015 & 11239/2016:
BETWEEN:
SRI K.H. HADI BASHA S/O K.MOHAMMED HASSAN BASHA SAHIB, AGED ABOUT 38 YEARS, R/AT NO.12, T.M.C.S. LAYOUT, 1ST PHASE J.P. NAGAR, BANGALORE-560 078. …PETITIONER (BY SRI MUSHTAQ AHMED, ADV.) AND:
1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES & COMMERCE, M.S. BUILDING, Dr. AMBEDKAR VEEDHI, BANGALORE-560 001.
2. KARNATAKA INDUSTRIES AREAS DEVELOPMENT BOARD NO.14/3, 2ND FLOOR, R.P.BUILDING, NRUPATHUNGA ROAD, BANGALORE-560 001, REP BY ITS COMMISSIONER AND CHIEF EXECUTIVE OFFICER 3. THE SPECIAL LAND ACQUISITION OFFICER 1 & 2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, BANGALORE, NO.14/3, 1ST FLOOR, MAHARISHI ARVINDA BHAVAN, CFC BUILDING, NRUPATHUNGA ROAD, BANGALORE-560 001. …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 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PAY COMPENSATION IN FAVOUR OF THE PETITIONER IN RESPECT OF THE AFORE SAID LAND.
IN W.P.Nos.41410/2015 & 6762/2016:
BETWEEN:
SMT.S.SHAHIDA BEGUM W/O K.M.D.AKBAR BASHA AGED ABOUT 60 YEARS, R/AT No.40, 4TH CROSS, AREKEMPANAHALLI, HOSUR MAIN ROAD, BANGALORE-560 027. …PETITIONER (BY SRI MUSHTAQ AHMED, ADV.) AND:
1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES & COMMERCE, M.S. BUILDING, Dr. AMBEDKAR VEEDHI, BANGALORE-560 001.
2. KARNATAKA INDUSTRIES AREAS DEVELOPMENT BOARD NO.14/3, 2ND FLOOR, R.P.BUILDING, NRUPATHUNGA ROAD, BANGALORE-560 001, REP BY ITS COMMISSIONER AND CHIEF EXECUTIVE OFFICER 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, BANGALORE, NO.14/3, 1ST FLOOR, MAHARISHI ARVINDA BHAVAN, CFC BUILDING, NRUPATHUNGA ROAD, BANGALORE-560 001. …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 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PAY COMPENSATION IN FAVOUR OF THE PETITIONER IN RESPECT OF THE AFORE SAID LAND.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R These writ petitions are filed by the petitioners seeking for a writ of mandamus directing the respondents to pay compensation in their favour in respect of the site bearing Nos.336 and 334 measuring 1200 square feet each formed in Sy.Nos.23, 75 and 76 duly converted for non-agricultural/residential purpose by competent authority.
2. It is the primary grievance of the petitioners that no compensation has been awarded by the Karnataka Industrial Area Development Board [KIADB] despite the said sites purchased by them have been acquired for the industrial area. It is submitted that the petitioners along with other purchasers had filed W.P.No.12652/2007 before this Court and the same came to be dismissed with a direction to the respondent to pay compensation from the date of dispossession and if they are dissatisfied with the compensation determined it is open for them to seek reference under the provisions of the Act for enhancement of compensation. Despite the said direction issued by this Court, no compensation has been awarded by the KIADB.
3. Learned counsel Sri.P.V.Chandrashekar appearing for the respondent No.2 – KIADB would submit that the compensation amount has been deposited before the I Additional District and Sessions Court, Bengaluru which has been registered as L.A.C.Nos.1/2018, 2/2018, 3/2018 and 4/2018. The said submission is placed on record.
4. In view of the aforesaid, liberty is reserved to the petitioners herein to get themselves impleaded in the said proceedings pending before the Competent Court and seek for necessary orders.
With the aforesaid observations and directions, writ petitions stand disposed of.
Sd/- JUDGE NC.