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 No.9834/2019 AND WRIT PETITION No.10062/2019 (LA – KIADB) BETWEEN:
1. SRI M.S.HIDAYATHULLA S/O M.H.SHAFIULLA AGED 41 YEARS R/AT DOOR No. MUKKIDI PETA HINDUPUT TOWN ANANTHAPUR DISTRICT ANDRA PRADESH-515201.
2. SRI MOHAMMED SHAFIULLA SAMIULLA S/O M.H.SHAFIULLA AGED 39 YEARS R/AT K.L. ROAD, HINDUPUR TOWN ANANTAPUR DISTRICT ANDRA PRADESH-515201. ... PETITIONERS [BY SRI MURUGESH V. CHARATI, ADV.] AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA BANGALORE-560 001.
2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER, # 14/3, II FLOOR, R.P. BUILDING NRUPATHUNGA ROAD BENGALURU-560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD 1ST FLOOR, R.P. BUILDING NRUPATHUNGA ROAD BANGALORE-560001. …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 28.12.2013 PASSED BY THE R-3 UNDER SECTION 11 OF THE LAND ACQUISITION ACT, 1894 WHICH IS PRODUCED AT ANNEXURE-E IN SO FAR AS IT RELATES TO THE PROPERTY OF THE PETITIONER IN Sy.No.213 ADMEASURING ABOUT 7 ACRES 34 GUNTAS SITUATED AT KUDUMALAKUNTE VILLAGE, KASABA HOBLI, GOWRIBIDANUR TALUK, CHICKBALLAPURA DISTRICT IS CONCERNED 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 – E 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