IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.36593 OF 2017 AND WRIT PETITION NOs.37189-192 OF 2017 (LA-KIADB) BETWEEN:
SRI P V GIRI S/O P. VARADARAJU, AGED ABOUT 63 YEARS R/AT # 73/1, GUEST HOUSE ROAD, NAZARABAD, MYSORE 570001 (By Mr. H R NARAYANA RAO, ADV. FOR Mr. RAJESWARA P N, ADV.) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE, DR. B R AMBEDKAR BEEDI, VIKAS SOUDHA, BANGALORE 560001.
… PETITIONER REPRESENTED BY ADDITIONAL CHIEF SECRETARY 2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO. 49, IV & V FLOORS, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE 560001. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, MYSORE ZONAL OFFICE, KRS ROAD, MYSORE 570016 (By Mr. E S INDIRESH, AGA FOR R1, Mr. ASHOK N NAYAK, ADV. FOR R2 & R3) - - -
… RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO PASS AN AWARD IN RESPECT OF ACQUISITON OF THE PETITIONER'S LAND AS PER THE SCHEDULE IN ACCORDANCE WITH SEC. 26 OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 OR IN THE ALTERNATIVE DIRECT THE RESPONDENTS TO ALLOT AN EQUIVALENT EXTENT OF LAND IN HEBBALU II PHASE INDUSTRIAL AREA BY CONSIDERING THE REPRESENTATION OF THE PETITIONER DATED 13.4.2015 AT ANNEX-F; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.H.R.Narayana Rao, learned counsel for Mr.Rajeswara P.N., learned counsel for the petitioner.
Mr.E.S.Indiresh, learned Additional Government Advocate for the respondent No.1.
Mr.Ashok N.Nayak, learned counsel for the respondent Nos.2 and 3.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioner inter alia seeks a writ of mandamus directing the respondents to pass an award in respect of acquisition of the petitioner’s lands as per the schedule or in the alternative direct the respondents to allot an equivalent extent of land in Hebbalu II Phase, Industrial Area by considering the representation dated 13.04.2015 as per Annexure-F.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the respondent No.3 be directed to consider the representation submitted by the petitioner as per Annexure-F in a time bound manner.
5. In view of the aforesaid submissions, the petitions are disposed of with a direction to the respondent No.3 to consider the representation submitted by the petitioner as per Annexure-F, if not already considered, by a speaking order in accordance with law within a period of two months from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits.
Sd/- JUDGE RV