IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.50801/2019 (LA – KIADB) BETWEEN:
1 . SRI NARASIMHAMURTHY S/O LATE OBALARANGAIAH, AGED ABOUT 55 YEARS 2 . SMT RATHNAMMA D/O LATE OBALARANGAIAH, AGED ABOUT 51 YEARS 3 . SRI CHANDRASHEKAR S/O LATE OBALADASAPPA, AGED ABOUT 23 YEARS 4 . SRI SHIVAKUMAR S/O LATE OBALADASAPPA, AGED ABOUT 23 YEARS 5 . SRI KEMPOBALAIAH S/O LATE MEKEOBALAIAH, AGED ABOUT 70 YEARS 6 . SRI DASAPPA S/O LATE OBALAIAH, DEAD BY HIS LRS 6(a) SRI NARASIMHARAJU, S/O LATE DASAPPA, AGED ABOUT 34 YEARS 7 . SRI DODDOBALAIAH S/O LATE CHIKKOBALAIAH, AGED ABOUT 75 YEARS 8 . SRI NARASIMHAIAH S/O LATE CHIKKOBALAIAH, AGED ABOUT 70 YEARS 9 . SRI CHINNOBALAIAH S/O LATE CHIKKOBALAIAH, AGED ABOUT 68 YEARS 10 . SRI OBALAIAH S/O LATE CHIKKOBALAIAH, AGED ABOUT 60 YEARS 11 . SRI OBALANARASIMHAIAH S/O OBAIAH, AGED ABOUT 68 YEARS 12 . SRI DODDOBALIAH S/O LATE OBALAGIRIYAPPA,. AGED ABOUT 50 YEARS 13 . SRI SHIVANNA S/O LATE OBALAGIRIYAPPA, AGED ABOUT 50 YEARS 14 . SRI SANNOBALAIAH S/O LATE OBALAGIRIYAPPA. AGED ABOUT 40 YEARS 15 . SRI CHIKKOBALAIAH S/O LATE DASAPPA, AGED ABOUT 50 YEARS 16 . SRI GIRIYANNA S/O LATE DASAPPA, AGED ABOUT 48 YEARS 17 . SRI NAGARAJU S/O LATE DASAPPA, AGED ABOUT 45 YEARS 18 . SMT DODDAGANGAMMA W/O LATE OBALANARASIMHAIAH, AGED ABOUT 55 YEARS 19 . SRI S H RAJU S/O HIRIOBALIAH, AGED ABOUT 40 YEARS 20 . SRI S OBAJJAIAH S/O LATE SANNOBALAIAH, AGED ABOUT 70 YEARS 21 . SMT NINGAMMA W/O LATE OBALAIAH, AGED ABOUT 65 YEARS 22 . SRI NAGENDRA S/O LATE CHIKKOBALAIAH, AGED ABOUT 31 YEARS 23 . SRI RAGHUVEER S/O CHIKKOBALAIAH, AGED ABOUT 22 YEARS 24 . SMT OBAKKA D/O LATE RANGAMMA, DEAD BY HER LRS 24(a) SRI SHIVANNA, S/O LATE OBAKKA, AGED ABOUT 40 YEARS 25 . SMT LAKKAMMA D/O LATE RANGAMMA W/O RANGASWAMAIAH AGED ABOUT 80 YEARS 26 . SRI SIDDAIAH @ SIDDAPPA S/O LATE PUTTAMMA, DEAD BY HIS LRS 26(a) SMT OBALAMMA W/O LATE SIDDAIAH AGED ABOUT 60 YEARS 26(b). SMT.PUSHPALATHA D/O LATE SIDDAIAH AGED ABOUT 37 YEARS 26(c). SRI RAJASHEKAR S/O LATE SIDDAIAH AGED ABOUT 35 YEARS 26(d). SRI DEVARAJU S/O LATE SIDDAIAH AGED ABOUT 60 YEARS 27 . SMT.SIDDAMMA D/O LATE PUTTAMMA, DEAD BY HER LRS 27(a) SHIVANNA S/O LATE ERANAYAKA AGED ABOUT 56 YEARS 27(b). VIJAYALAKSHMI W/O SHIVANNA D/O LATE SIDDAMMA AGED ABOUT 35 YEARS 27(c). MANJUNATH S/O LATE SIDDAMMA AGED ABOUT 30 YEARS 27(d) NEELAVATHI D/O LATE SIDDAMMA W/O RANGANNA AGED ABOUT 28 YEARS R/AT BADAVANAHALLI VILLAGE, DODDERI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT 28 . HIRIOBALAIAH S/O LATE DASAPPA, AGED ABOUT 73 YEARS 29 . LAKKAMMA W/O CHIKKOBALAIAH, AGED ABOUT 61 YEARS 30 . DODDOBALAIAH S/O LATE DASAPPA, AGED ABOUT 60 YEARS 31 . SMT.CHIKKOBALAMMA W/O SHIVANANJAIAH, AGED ABOUT 60 YEARS, R/AT MAVUKERE VILLAGE, KORA HOBLI, TUMKUR TALUK AND DISTRICT-572128.
32. SRI RUDRAPPA S/O LATE CHIKKANNA, AGED ABOUT 72 YEARS 33. SRI NANJAPPA S/O LATE CHIKKANNA, AGED ABOUT 70 YEARS 34. SRI SHIVANNA S/O LATE CHIKKANNA, AGED ABOUT 67 YEARS 35 . SRI MAHADEVAIAH S/O LATE NANJAIAH, AGED ABOUT 62 YEARS 36 . SRI LOKESH S/O LATE GURUSIDDAIAH, AGD ABOUT 72 YEARS 37 . SMT.SAVITHRAMMA D/O LATE MALLAIAH, AGED ABOUT 52 YEARS 38 . SMT.PARVATHAMMA D/O LATE MALLAIAH, AGED ABOUT 50 YEARS 39 . SRI YOGARAJASHETTY S/O LATE BANNARAIAH AGED ABOUT 68 YEARS 40 . SRI RANGAPPA @ RANGAIAH S/ O LATE BALAIAH AGED ABOUT 70 YEARS 41 . SRI BASAVARAJAIAH S/O LATE KALEGOWDA AGED ABOUT 70 YEARS, R/AT B G PALYA BELLAVI HOBLI TUMAKURU TALUK & DISTRICT-572128 No.1 & 25 ARE R/AT C.NANDIHALLI CHELUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572216 No.2 TO 19 & No.22, 23, 24(a), 27(b), 28, 29, 30 & 39 ARE R/AT SOREKUNTE VILLAGE, BELLAVI HOBLI, TUMAKURU TALUK & DISTRICT-572128 No.20 & 21 ARE R/AT ISIRI NILAYA MALLASANDRA, NEAR GOVT. HOSPITAL, BENGALURU-560010 No.26(a) TO (d) ARE R/AT ORUKERE VILLAGE, KASABA HOBLI, TUMAKURU TALUK & DISTRICT-572105 No.27(a) & (c) ARE R/AT UMAPATHIHALLI VILLAGE, HUNJINAL POST, KALLAMBELLA HOBLI, SIRA TALUK, TUMAKURU DISTRICT-572137.
No.32 TO 38 & 40 ARE R/AT GANTIGANAHALLI, SOREKUNTE POST, BELLAVI HOBLI, TUMAKURU TALUK & DISTRICT-572128. …PETITIONERS (BY SRI ADAVEESHAIAH B., ADV.) AND:
1 . THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE, GROUND FLOOR, VIKASA SOUDHA, BENGALURU-560001 REP BY PRL. SECRETARY TO THE GOVERNMENT 2 . KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD KHANIJA BHAVAN, RACE COURSE ROAD, NEAR BASAVESWARA CIRCLE, BENGALURU-560001 REP BY ITS CHIEF EXECUTIVE OFFICER 3 . THE SPECIAL LAND ACQUISITION OFFICER KIADB, B H ROAD, NEAR S I T COLLAGE, TUMAKURU-572103 …RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R-1;
SRI P.V.CHANDRASHEKAR, ADV. FOR R-2 & R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GENERAL AWARD DATED 26.07.2019 UNDER SECTION 11 OF LAND ACQUISITION ACT, 1864 PASSED BY THE R-3 WITH RESPECT TO PETITIONER LAND VIDE ANNEXURE-H.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioners have challenged the general award dated 26.07.2019 passed by respondent No.3 under Section 11 of the Land Acquisition Act, 1894 vide Annexure-H relating to the property of the petitioners – Sy.No.12/A measuring 3-04 guntas, Sy.No.12/B measuring 3 acres 04 guntas; Sy.No.16/A measuring 2-
33 guntas; Sy.No.16/B measuring 2 acres 33 guntas;
Sy.No.17/A measuring 2 acres 33 guntas; Sy.No.17/B measuring 2 acres 33 guntas; Sy.No.18/A measuring 2 acres 16 guntas; Sy.No.18/B measuring 2 acres 16 guntas; Sy.No.19/A measuring 2 acres 26.08 guntas;
Sy.No.13/1 measuring 2 acres 17 guntas; Sy.No.28/3 measuring 0-36 guntas; Sy.No.67/2 measuring 0-13 guntas; Sy.No.41/p5 measuring 1 acre 10 guntas, all situated at Sorekunte Village, Bellavi Hobli, Tumakuru Taluk and District.
2. In identical circumstances, in W.P.Nos.22311-22316/2016 (D.D. 06.09.2016), this Court has placed reliance on the order of this Court in W.P.No.6198/2015 disposed of on 25.08.2015, wherein it has been held as under:-
“Petitioner is assailing the General Award dated 30th December 2013, Annexure-A, of the 3rd respondent- Karnataka Industrial Area Development Board (for short ‘KIADB’) insofar as it relates to 1 acre 39 guntas in Sy.No.444 of Cheeluru village, Maralavadi Hobli, Kanakapura Taluk, Ramanagara District, on the premise that her claim for determination of compensation ought to be by way of an agreement under Sub-section (2) of Section 29 of the Karnataka Industrial Areas Development Act, 1966 (for short ‘KIAD Act’) since willing to the enter into an agreement after having obtained a compromise decree dated 6.12.2014 in O.S.126/2013 whereunder the property in question is declared to be the absolute property of the petitioner.
2. Sub-section (2) of Section 29 of the ‘KIAD Act’ provides for determination of compensation by an agreement and in the light of the compromise decree whereunder, the property in question has fallen to the exclusive share of the petitioner, is entitled to such a consideration, since it is stated that by such an agreement, petitioner would be entitled to a better price as compensation instead of determination under a general award, while acquisition proceeding would attain a finality disentitling petitioner to challenge the same in this petition. In the circumstances, there is a need to interfere with General Award Annexure-A insofar as it relates to petitioner’s land.
3. In the result, this petition is allowed. General Award Annexure-A insofar as it relates to petitioner is concerned is quashed. A direction shall ensue to respondent-KIADB to consider the case of the petitioner for determination of compensation by way of an agreement under Section 29(2) of the ‘KIAD Act’ to be complied with as expeditiously as possible within an outer limit of 31st October 2015. It is made clear that this order is applicable only if there is no dispute to title in the immovable property acquired and if there is one, the General Award in respect of petitioner is concerned shall stand restored until the dispute is resolved.”
Following the said decision, the general award relating to the survey number therein has been set aside.
3. For the reasons stated in the aforesaid order, the general award at Annexure – H dated 26.07.2019 in respect of survey numbers aforementioned is hereby quashed. Respondent No.3 is directed to consider the case of the petitioners for determination of compensation in terms of Section 29(2) of KIAD Act, keeping in mind the order referred to above.
4. Compliance within eight weeks from the date of receipt of certified copy of this order. Respondent No.3 is permitted to withdraw the amount in deposit in the Civil Court.
Writ petition stands disposed of accordingly.
Sd/- JUDGE NC.