H Madhuri vs State Of Karnataka
2021 Latest Caselaw 5207 Kant

Citation : 2021 Latest Caselaw 5207 Kant
Judgement Date : 1 December, 2021

Karnataka High Court

H Madhuri vs State Of Karnataka on 1 December, 2021

Bench: Ashok S.Kinagi

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 1ST DAY OF DECEMBER 2021

                       BEFORE

        THE HON'BLE MR. JUSTICE ASHOK.S.KINAGI

        WRIT PETITION NO.20094/2021 (LA-KIADB)
BETWEEN:

H. MADHURI W/O D HARI
AGED ABOUT 55 YEARS
R/A. NO.209, JASMINE BLOCK
SAI SIGNADHA EDEN BLOSSOMS APARTMENT
BDA LAYOUT, 9TH AND 10TH BLOCK
ANJANIPURA
BENGALURU - 560 062.
                                   ...PETITIONER
(BY SRI. B RAMESH, ADVOCATE )

AND:

1.     STATE OF KARNATAKA
       DEPARTMENT OF COMMERCE AND INDUSTRIES
       VIDHAN SOUDH
       DR AMBEDKAR VEEDHI
       BENGALURU-560 001
       REP BY ITS SECRETARY

2.     THE SPECIAL LAND ACQUISITON OFFICER
       KIADB
       1ST FLOOR, MAHARSHI ARAVIND BHAVAN
       NRUPATHUNGA ROAD
       BENGALURU-560 001

3.     BENGALURU METRO RAIL CORPORATION LTD.
       BMTC COMPLEX
       KASTURABA ROAD
                               2




      BENGALURU -560 007
      REP BY ITS MANAGING DIRECTOR
                                    ...RESPONDENTS
(BY SRI. SESHA V, HCGP FOR R1
    SRI P V CHANDRASHEKAR, ADV FOR R2
    SRI K KRISHNA, ADV FOR R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE GENERAL AWARD DATED 10.01.2020
PASSED BY THE R2 AUTHORITY IN RESPECT OF THE
RESIDENTIAL PROPERTY BEARING NO.35/1394, BBMP
KATHA NO.62-66-7, 62-66-7/1 MEASURING 73.535
SQ.MTRS    SITUATED    AT    WARD    NO.62    AT
HOMBEGOWDANAGAR, ADUGODI, BENGALURU WHICH
PRODUCED AND MARKED AS ANNEXURE-EETC.
     THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:

                          ORDER

Learned counsel for the parties jointly submitted that

the matter is covered by a judgment of this Court in

W.P.No.14229/2021. In view of the same, the matter shall

be disposed of in terms of the order passed in the

aforesaid writ petition

4. Brief facts leading to filing of this writ petition

are that:

The petitioner claims to be the absolute owner of the

residential property bearing No.35/1394. BBMP Katha

No.62-66-7, 62-66-7/1 measuring 73.535 Sq.mtrs situated

at Ward No.62 at Hombegowdanagar, Audugodi,

Bengaluru. The respondents - Authority proposed to

acquire the said property and issued preliminary

notification under Section 28(1) of the Karnataka Industrial

Areas Development Act, 1966 (for short 'the Act') dated

16.03.2017 for the benefit of respondent No.3 -

Corporation. Respondent No.2 issued a final notification

under Section 28(4) of the Act on 27.02.2018.

Respondent No.2 has passed an award by fixing the

compensation payable to the property of the petitioner at

Rs.2,35,93,319/- vide its order dated 11.06.2019. The

respondents-Authority informed the land owners to attend

meeting for determination of compensation amount. But

the petitioner did not appear before the respondents -

Authority in order to give consent for determination of

compensation. The petitioner made several

representations to the respondents - Authority for

releasing amount of compensation in terms of the order

dated 11.06.2019. It is contended that the owners

similarly placed land have received compensation under

Section 29(2) of the Act. Respondent No.2 has passed

General Award. The petitioner being aggrieved by the

General Award filed this writ petition.

5. Heard the learned counsel for the petitioner

and also the learned counsel for the respondents.

6. Learned counsel for the petitioner has placed

the reliance on the order of the Co-ordinate Bench of this

Court in W.P.No.14229/2021. The grievance of the

petitioner is that the General Award passed by the

respondent No.2 was questioned by some of the landlords

in the aforesaid writ petition. This Court in

Smt.Rathnamma Vs. The State of Karnataka in

W.P.No.31702/2018, by order dated 29.11.2018 has set

aside the General Award and directed the respondents to

consider the claim of the petitioner under Section 29(2) of

the KIADB Act, 1966, within a period of two months.

Therefore, it is the prayer of the petitioner that similar

orders may be passed in this writ petition to set aside the

General Award and direct the respondents - Authorities to

consider claim of the petitioner for compensation under

Section 29(2) of the Act.

7. The submission of the learned counsel for

petitioner is not disputed at the hands of the respondents.

8. Consequently, this Court proceeds to pass the

following:-

ORDER

1) Writ Petition is hereby allowed.

2) The impugned General award at Annexure-E dated 10.01.2020 passed by respondent No.2 in respect of residential property bearing No. No.35/1394, BBMP Katha No.62-66-7, 62-66- 7/1 measuring 73.535 Sq.mtrs situated at Ward No.62 at Hombegowdanagar, Audugodi, Bengaluru is hereby quashed and set aside.

3) Respondent No.2 (SLAO) is hereby directed to consider the claim of the petitioner under Section 29(2) of the KIADB Act, 1966 within a period of four months from the date of receipt of certified copy of this order.

4) It is made clear that in the event, if any dispute arises with regard to entitlement and apportionment of the award amount, the General award at Annexure-E, which has been quashed by this Court would revive.