IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI WRIT PETITION Nos. 22332-333/2019 (LA-KIADB) BETWEEN:
1. VALLERIE YATES @ ABIDA KHANUM AGED ABOUT 58 YEAWRS W/O R.M. AHMEDULLA KHAN NO.84, CAROL STREET, MEGHANAPALYA, KALYANNAGAR, BENGALOORU - 560 043.
2. ASLAM KHAN AGED ABOUT 39 YEARS, S/O LATE R.M. AHMEDULLA KHAN S-120, 1ST CROSS, 8TH MAIN, TELECOM LAYOUT THANISANDRA, BENGALOORU - 560 077.
3. AYESHA NAAZNEEN AGED ABOUT 37 YEARS D/O LATE R.M. AHMEDULLA KHAN 62, STEPHENS ROAD, FRASER TOWN, BENGALOORU - 560 005.
... PETITIONERS (BY SRI G. S. PRASANNA KUMAR, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPT. OF COMMERCE & INDUSTRIES VIKASA SOUDHA, VIDHANA VEEDHI, BENGALOORU - 560 001.
2. SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (BENGALOORU METRO) NRUPATHUNGA ROAD, BENGALOORU - 560 002.
3. BENGALOORU METRO RAIL CORPN. LTD., II FLOOR, BMTC COMPLEX, KH ROAD, SHANTHINAGAR, BENGALOORU - 560 027 REPRESENTED BY ITS CHIEF MANAGER (LAND & ESTATE) … RESPONDENTS (BY SRI E.S. INDIRESH, AGA FOR R1;
SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R2;
SRI VASANTA FOR SRI K.KRISHNA, ADVOCATE FOR R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED GENERAL AWARDS PASSED BY THE R- 2 VIDE DTD:14.2.2019 VIDE ANNEXURE-B AND C AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In the instant petitions, petitioners have sought for quashing the general awards dated 14.02.2019 vide Annexures – B and C and further sought for consent award.
2. Learned counsel for the petitioners submitted that in identical matter, this Court disposed of such matter in W.P.Nos. 39611-612/2016 on 16.09.2016.
3. Learned counsel for the respondents has not disputed that the grievance of the petitioners could be considered in terms of the decision rendered by this Court in W.P.Nos. 39611-612/2016 on 16.09.2016.
4. Accordingly, Annexures-B and C are set aside. Writ petitions stand allowed. Concerned respondents are hereby directed to proceed for consent award. Such proceedings shall be completed within a period of three months from the date of receipt of a copy of this order.
Sd/- JUDGE VP