IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.47161/2018 (LA – KIADB) BETWEEN:
SMT.YESHODA VEERAMAYANNA W/O H.R.LAKSHMINARAYANA, AGED ABOUT 65 YEARS, R/AT NO.31375, NEUMA DRIVE, CATHEDRAL CITY, CALIFORNIA92234, USA.
REP. BY HER GPA HOLDER, SRI B.V.MANJUNATH, S/O LATE B.M.V.MAYANNA, AGED ABOUT 64 YEARS, R/AT NO.58, 2ND MAIN ROAD, MICO LAYOUT, PIPELINE ROAD, MAHALAKSHMIPURAM, BENGALURU-560086 ... PETITIONER [BY SRI PADMANABHA V. MAHALE, SENIOR ADV. FOR SRI SANDESH C.K., ADV.] AND:
1. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.49, 4TH & 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001 REP. BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE DIRECTOR KIADB-METRO 2. THE SPECIAL LAND ACQUISITION OFFICER KIADB-METRO, NO.14/3, ARAVINDA BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560001 3. THE SPECIAL DISTRICT OFFICER KIADB-METRO, NO.14/3, ARAVINDA BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560001 4. SRI B.V.VENUGOPAL S/O B.M.BYRAPPA, AGED ABOUT 69 YEARS R/O No.3, CHAMUNDESHWARI NAGARA, LAGGERE, BANGALORE-560058.
5. SRI B.M.MARANNA, S/O LATE MAYANNA, AGED ABOUT 80 YEARS R/AT No.1101, Dr. RAJKUMAR ROAD, 4TH BLOCK, RAJAJINAGARA, BANGALORE-560010.
6. B.V.SMITHA, No.91, 4TH CROSS, RELIABLE RESIDENCY, 1ST PHASE,HARALUR ROAD, SOMASANDRA PALLYA, HSR 2ND SECTOR, BANGALORE-560102.
(CAUSE TITLE AMENDED VIDE COURT ORDER DATED 15.04.2019) …RESPONDENTS [BY SRI ASHOK N. NAIK, ADV. FOR R-1, R-2 & R-3; SRI SPOORTHY HEGDE, ADV. FOR R-4;
SRI SRINIVAS V., ADV. FOR R-5 & R-6.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO THE R-2 AND 3 TO RESTRAIN/REFRAIN FROM RELEASING/ DISBURSING THE COMPENSATION AMOUNT ARISING FROM THE LAND BEARING SY.NO.45/1B3 AND 45/1B2 SITUATED AT MADAVARA VILLAGE, DASANAPURA HOBLI-II, BENGALURU NORTH TALUK, BENGALURU TO ANYONE UNTIL THE PETITIONER GETS HER LEGALLY ENTITLED SHARE FROM THE SAID PROPERTY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R With the consent of the learned counsel appearing for the parties, the matter is taken up for final disposal at this stage itself.
2. The petitioner has sought for a writ of mandamus seeking for a direction to respondent Nos.2 and 3 to restrain/refrain from releasing/disbursing the compensation amount arising from the land bearing Survey No.45/1B3 and 45/1B2 situated at Madavara village, Dasanapura Hobli – II, Bengaluru North Taluk, Bengaluru, to anyone until the petitioner gets her legally entitled share from the said property and further stay the entire proceedings in Case No.KIADB/Metro/LA/R3-53, 53A/2018-2019 pending before the Special Land Acquisition Officer, KIADB- Metro, at Bengaluru.
3. The petitioner is claiming to be a legally entitled person to the compensation to be awarded in respect of the property in question. It is the grievance of the petitioner that respondent Nos.1 to 3 at the instance of respondent Nos.4 to 6 are denying the compensation to her.
4. The learned counsel for respondent Nos.1 to 3 has filed an application seeking permission to deposit the award amount before the jurisdictional court under Sections 30 and 31 of the Land Acquisition Act, 1894 ['Act' for short]. The said application has been allowed by this Court.
5. In view of the inter-se dispute between the petitioner and respondent Nos.4 to 6, it would be appropriate to relegate the petitioner and respondent Nos.4 to 6 for redressal of their grievance before the reference court, wherein respondent No.2 has to deposit the award amount under Section 30 and 31 of the Act. All the rights and contentions of the parties shall be adjudicated before the reference court. The reference court shall adjudicate upon shares of the parties and take a decision in accordance with law. Thereafter, the compensation amount shall be disbursed accordingly.
It is needless to observe that the Reference Court shall decide the matter in an expedite manner.
With the aforesaid observations and directions, the writ petition stands disposed of.
In view of disposal of the writ petition, pending I.A. does not survive for consideration and the same stands disposed of.
Sd/- JUDGE PMR