Sri Guruprasad K R vs The State Of Karnataka
2021 Latest Caselaw 5488 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 04TH DAY OF DECEMBER 2021

                       BEFORE

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

     WRIT PETITION NO.20316 OF 2021 (LA - KIADB)
BETWEEN:

1.     SRI. GURUPRASAD K.R
       S/O LATE K.T.RAJKUMAR
       AGED ABOUT 44 YEARS

2.     SHASHIDHAR K.R,
       S/O LATE K.T.RAJKUMAR
       AGED ABOUT 35 YEARS

3.     RAMESH K.R,
       S/O LATE K.T.RAJKUMAR,
       AGED ABOUT 38 YEARS

4.     SMT. VIMALA K.R
       D/O LATE K.T.RAJKUMAR
       W/O MALLIKARJUNA
       AGED ABOUT 35 YEARS

       ALL ARE RESIDING AT KODIHALLI VILLAGE
       KORA HOBLI, TUMKUR TALUK
       TUMKUR DISTRICT
       PIN CODE 572138

                                     ...PETITIONERS
(BY SRI. PRABHULINGA MURTHY B.R, ADVOCATE)

AND:
                          2




1.   THE STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
     DEPARTMENT OF COMMERCE AND INDUSTRY
     M.S.BUILDING, VIDHANA SOUDHA
     BANGALORE-560001

2.   THE KARNATAKA INDUSTRIAL
     AREA DEVELOPMENT BOARD.,
     BY ITS CHIEF EXECUTIVE OFFICER &
     EXECUTIVE MEMBER
     #14/3 2ND FLOOR, R.P.BUILDING
     NRUPATHUNGA ROAD
     BANGALORE-560001

3.   THE SPECIAL LAND ACQUISITION OFFICER
     KARNATAKA INDUSTRIAL
     AREA DEVELOPMENT BOARD
     KIADB ZONAL OFFICE MARUTHI TOWERS
     1ST FLOOR, BESIDES SIT COLLEGE
     B.H.ROAD, TUMKUR-572103
                                    ...RESPONDENTS
(BY SMT. H.C.KAVITHA, HCGP FOR R1 &
    SRI. C.RAMAKRISHNA, ADV FOR R2 & R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE GENERAL AWARD DATED 11.04.2019 PASSED
BY THE R3 IS VIDE NO. V BVSUA (NIM2) PRODUCED AT
ANNEXURE-G TO THE WRIT PETITION IN SO FAR AS
PETITIONERS LAND BEARING SY.27/6 MEASURING 1
ACRES 01 GUNTAS OUT OF WHICH 27 GUNTAS OF
AGRICULTURE LAND SITUATED AT KODIHALLI VILLAGE,
KORA HOBLI, TUMKUR TALUK, TUMKUR DISTRICT, ETC.

     THIS WRIT PETITION COMING ON FOR PRILIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
                                 3




                           ORDER

Learned counsel for the parties jointly submitted that

the matter is covered by a judgment of this Court in

W.P.No.57708/2014 disposed of on 17.12.2014 and also

in W.P.No.8682/2015 disposed of on 23.07.2015 and prays

to dispose of this writ petition in terms of the aforesaid

orders. In view of the same, the matter is taken up for

final disposal.

2. Brief facts leading to filing of this writ petition

are that:

The petitioner being aggrieved by the general award

dated 11.04.2019 passed by respondent No.3 vide

Annexure-G, has filed this writ petition insofar as it relates

to the land bearing Sy.No.27/6 measuring 01 acre 01

gunta of Kodihalli Village, Kora Hobli, Tumkur Taluk,

Tumkur District, on the premise that his claim for

compensation ought to be by an agreement under Section

29(2) of the Karnataka Industrial Areas Development Act,

1966 (for short 'the KIAD Act') since willing to enter into

an agreement.

3. Section 29(2) of the KIAD Act provides for

acquisition by way of agreement. Therefore, the petitioner

is entitled to such a consideration since it is stated that by

agreement, the petitioner would be entitled to a better

price as compensation instead of a determination by way

of a general award. In addition, it is stated that there

would be a finality to the acquisition proceedings since the

petitioner would be disentitled to challenge the same.

4. Perused the orders passed in

W.P.No.57708/2014 and W.P.No.8682/2015.

5. In the circumstances, there is a need to

interfere with the general award vide Annexure-G insofar

as the petitioner is concerned. Hence, I proceed to pass

the following:

ORDER

i. The writ petition is allowed.

ii. The general award vide Annexure-G insofar as it relates to the petitioner is quashed.

iii. A direction shall ensue to the respondent-

             KIADB     to     consider        the    case    of    the
             petitioner     for   acquisition        by     way      of

agreement under Section 29(2) of KIAD Act, to be complied with as expeditiously as possible within a period of three months from the date of receipt of a copy of this order.

It is made clear that this order is applicable if there

is no dispute to title to the immovable property acquired

and if there is one, then the general award insofar as the

petitioner is concerned will stand restored, until the

dispute is resolved in favour of the petitioner.

Sd/-

JUDGE ssb