IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE KRISHNA S DIXIT WRIT PETITION NOS. 5165 - 5169/2019 & WRIT PETITION NOS. 6607- 6608/2019 (LA-KIADB) Between:
1. Shivakumar, S/o Salagiri Gowda @ Kariyappa, Aged about 26 years.
2. Shashikumar, S/o Salagiri Gowda @ Kariyappa, Aged about 24 years.
3. Smt. Lakshmamma, W/o Kempaiah, Aged about 55 years, 4. Smt. Kempamma, W/o Thimegowda, Aged about 50 years, All are residing at Cheelure Village and Post, Maralawadi Hobli, Kanakapura Taluk-562 117. …Petitioners (By Sri N.Mahendra, Advocate) And:
1. The State of Karnataka Represented by its Secretary Department of Industries and Commerce Vidhana Soudha, Bangalore-560001.
2. The Chairman, Karnataka Industrial Area Development Board, No.3/2, Kheni Building, 3rd floor, 1st Cross, Gandhinagar, Bangalore- 560009.
3. Special Land Acquisition Officer-1 Karnataka Industrial Area Development Board Having its office at No.14/3, 1st floor, Maharshi Aravind Bhavan, Nrupathunga Road, Bangalore-560001. ... Respondents (By Sri Dildar Shiralli, HCGP for R1 Sri P.V. Chandrashekar, Advocate for R2 & R3) These writ petitions are filed under Article 226 of the Constitution of India praying to quash the general award vide KIADB/No.1774 P, dated 14.05.2014 passed by the respondent No.3 under Section 11 of the Land Acquisition Act, 1894 in respect of petitioners properties bearing in Sy.No.122/3 measuring 31 guntas, Sy.No.123/9 measuring 10 guntas, Sy.No.123/10 measuring 5 guntas, Sy.No.427/1 measuring 1 acre 19 guntas, Sy.No.357/5 measuring 22 guntas, Sy.No.120/4 measuring 12 guntas and Sy.No.358/3 measuring 36 guntas, all land are situated at Cheelure Village, Maralavadi Hobli, Kanakapura Taluk, Ramangara District vide Annexure-K and etc., These writ petitions coming on for Orders this day, the court made the following:
ORDER The grievance of the petitioners, who claim to have lost the land in acquisition for the benefit of respondent No.2- KIADB is that the acquisition in question ought to have been treated as having been done with the agreement in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 and this having not been done, they are before this Court for quashing of the general award dated 30.12.2013 at Annexure-K.
2. Sri Dildar Shiralli, learned HCGP and Sri.P.V.Chandrashekar, learned Panel Counsel on record having appeared respectively for respondent No.1 and respondent Nos.2 & 3, oppose the writ petitions stating that factuals are to be ascertained and limited enquiry has to be launched in the matter.
3. The learned counsel for the petitioners submits that the subject matter of these writ petitions is substantially similar to the one in cognate Writ Petition No.14109/2015 disposed off by a Coordinate Bench of this Court vide judgment dated 03.11.2016 wherein the relief has been granted to the similarly circumstanced land losers by directing the respondent-KIADB to treat the acquisition in question as having been made in accordance with Section 29(2) of the Act only for the limited purpose of re- determination of the compensation and payment thereof to the land losers in a time bound manner.
In the above circumstances, these writ petitions succeed in part; a Writ of Certiorari issues quashing the General Award dated 30.12.2013 at Annexure-K; a Writ of Mandamus issues to the respondent Nos.2 & 3 to treat the subject acquisition as the one made with agreement in terms of Section 29(2) of the Act only for the limited purpose of re- determining the compensation and paying the land losers, subject to there being no title dispute. The title of respondent – KIADB to the acquired land otherwise remains intact.
Costs made easy.
Sd/- JUDGE PYR