IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.9542/2016 (LA-KIADB) BETWEEN:
SRI. MUDALAIAH S/O LATE GOVINDAIAH AGED ABOUT 55 YEARS RESIDING AT THIPPEDASARAHALLI HALADODDERI POST KORA HOBLI, TUMAKUR TALUK TUMKUR – 57201. ... PETITIONER (BY SRI. B.R. PRABHULINGA MURTHY, ADV.,) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARATMENT OF COMMERCE AND INDUSTRY M.S. BUILDING, VIDHANA SOUDHA BANGALORE 560 001 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER #14/3 2ND FLOOR, R.P. BUILDING NRUPATHUNGA ROAD, BANGALORE 560 001 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD #14/3, 1ST FLOOR, R.P. BUILDING NRUPATHUNGA ROAD, BANGALORE 560 001.
... RESPONDENTS (BY SRI.B.J. ESHWARAPPA, AGA FOR R1; SRI.P.V.CHANDRASHEKAR, ADV. FOR R2;
SRI. B.B. PATIL, ADV., FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD DTD:20.12.2013 PASSED BY THE R-3 AT ANNEXURE-C TO THE WRIT PETITION IN SO FAR AS PETITIONER LAND BEARING No16/5 MEASURING 14 GUNTAS OF AGRICULTURE LAND SITUATED AT TIPPEDASARAHALLI VILLAGE, KORA HOBLI, TUMKUR TALUK, TUMKUR DISTRICT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned AGA accepts notice for respondent No.1.
Learned counsel Sri. P.V. Chandrashekar accepts notice for respondent No.2.
Learned counsel Sri. B.B. Patil accepts notice for respondent No.3.
Heard the learned counsel appearing for the parties.
2. Learned counsel appearing for the parties submit ad-idem that the subject matter of this writ petition is squarely covered by the order of this Court passed in W.P.Nos.39611-39612/2016, 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.”
3. In view of the aforesaid, the writ petition stands disposed of in similar terms. Annexure – C is quashed insofar as the petitioner is concerned. The respondent No.3 shall determine the compensation in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1996.
Sd/- JUDGE Dvr