IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.29563-29564/2019 (LA-KIADB) BETWEEN:
1. SRI. LAKSHMINARAYANA C, S/O LATE CHANNEGOWDA, AGED 71 YEARS, 2. SMT RATHNAMMA V., W/O LAKSHMINARAYANA C., AGED 61 YEARS, BOTH ARE RESIDING AT NO.25, 4TH CROSS, MALLESHWARAM, BANGALORE NORTH, BANGALORE – 560 003.
...PETITIONERS (BY SRI. MAHESHA D., ADVOCATE FOR SRI.NIJALINGAPPA M.E., ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE – 01.
2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER 4TH AND 5TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU – 560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER NIMZ, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, 4TH AND 5TH FLOORS, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU – 560 001.
… RESPONDENTS (BY SRI. E.S.INDIRESH, AGA FOR R1; SRI.P.V.CHANDRASHEKARA, ADVOCATE FOR R2 AND R3) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GENERAL AWARD DATED 24.08.2017 PASSED BY R-3 IN RESPECT OF LAND BEARING SY.NO.79 MEASURING 0.25 GUNTAS AND PETITIONER NO.2 IS THE ABSOLUTE OWNER OF LAND BEARING NO.80 MEASURING 0.7 1/2 GUNTAS, BOTH ARE SITUATED AT KANNAMANGALA VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT, BELONGING TO PETITIONERS IS CONCERNED, WHICH IS PRODUCED AT ANNEXURE-C AND ETC., THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Mahesha.D, learned Counsel for petitioners. Sri.E.S.Indiresh, learned Additional government Advocate for respondent No.1.
Sri.P.V.Chandrashekara, learned Counsel for respondents No.2 and 3.
In view of the submission made by learned counsel for the petitioners, office objection ignored.
2. The petitions are admitted for hearing. With the consent of learned Counsel for the parties, the matters are heard finally.
3. In these petitions, the petitioners inter alia have sought for the following reliefs:
“ i) Issue a writ of certiorari quashing the General award bearing No.Bangalore/Spl.LAO- 2/1815/2017-18 dated 24.08.2017 passed by 3rd respondent in respect of land bearing Sy.No.79 measuring 0-25 guntas, and petitioner No.2 is the absolute owner of land bearing No.80 measuring 0-7½ guntas, both are situated at Kannamangala village, Kasaba Hobli, Devanahalli Taluk, Bangalore Rural District, belonging to petitioners is concerned, which is produced at AANNEXURE-C.
ii) Issue any suitable order, direction or writ in the nature of Mandamus directing the Respondents herein to consider the case of the petitioners as per section 29(2) of the KIAD Act.”
3. When the matters were taken up today, learned counsel for the parties jointly submitted that the controversy involved in this petition is squarely covered by an order of this Court dated 06.09.2016 passed in W.P.NOs.22311-316/2016 (LA-KIADB).
4. In view of the submission made by learned counsel for the parties and for the reasons assigned in the order dated 6.09.2016 passed in the aforesaid writ petitions, the impugned general award dated 24.08.2017 passed by respondent No.3 in respect of land admeasuring 0-25 guntas insofar as it pertains to the 1st petitioner and 0-7½ guntas insofar as it pertains to 2nd petitioner is hereby quashed. Respondent No.3 is directed to consider the case of the petitioners for determination of the compensation in terms of Section 29(2) of the KIAD Act within a period of eight weeks from the date of receipt of copy of this order. Respondent No.3 is directed to withdraw the amount deposited in this Court.
With the aforesaid direction, the writ petitions are disposed of.
Sd/- JUDGE ln.