Sri K Rajaiah vs The State Of Karnataka
2021 Latest Caselaw 6963 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF DECEMBER 2021

                        BEFORE

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

     WRIT PETITION NO.22756 OF 2021 (LA-KIADB)
BETWEEN:

SRI.K.RAJAIAH,
S/O LATE KAMBAIAH,
AGED ABOUT 69 YEARS,
R/AT SORAVANAHALLI VILLAGE,
MAYASANDRA HOBLI,
TURUVEKERE TALUK,
TUMKUR DISTRICT-572221
                                          ...PETITIONER
(BY SRI.MAHESHA.D, ADVOCATE FOR
    SMT.KUMUDA.T.A, ADVOCATE)


AND:
1.     THE STATE OF KARNATAKA
       BY ITS SECRETARY
       DEPARTMENT OF COMMERCE AND INDUSTRIES
       VIDHANA SOUDHA,
       BANGALORE-01

2.     THE KARNATAKA INDUSTRIAL AREA
       DEVELOPMENT BOARD,
       BY ITS CHIEF EXECUTIVE OFFICER
       AND EXECUTIVE MEMBER
       KHANIJA BHAVAN, 4TH & 5TH FLOOR,
       RACE COURSE ROAD,
       BANGALORE-01
                               2




3.   THE SPECIAL LAND ACQUISITION OFFICER,
     KARNATAKA INDUSTRIAL AREAS
     I FLOOR, MARUTHI TOWER
     NEAR SIT MAIN GATE
     TUMKUR-572103
                                    ...RESPONDENTS
(BY SRI. SESHU, HCGP FOR R1,
    SRI.P.V.CHANDRASHEKAR, ADVO FOR R2 AND 3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE GENERAL AWARD DATED 26.07.2019
PASSED BY R3 IN RESPECT OF THE PETITIONER WAS THE
ABSOLUTE OWNER OF LAND BEARING SY.NO.64
MEASURING 2.00 ACRES, SITUATED AT P.GOLLAHALLI
VILLAGE, BELLAVI HOBLI, TUMKUR TALUK, TUMKUR
DISTRICT OF PETITIONER IS CONCERNED, WHICH IS
PRODUCED AT ANNEXURE-C AND ETC.
     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING 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.31708/2018 disposed of on 29.11.2018 and prays

to dispose of this writ petition in terms of aforesaid order.

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 is the absolute owner of land bearing

Sy.No.64 measuring 2.00 acres and Sy.No.66 measuring

1.00 acre, situated at P. Gollahalli Village, Bellavi Hobli,

Tumkur Taluk, Tumkur District. The petitioner is in

possession of the said land. Respondent No.2 has declared

the land of the petitioner and the surrounding land as

industrial area and issued a preliminary notification dated

19.07.2010 and followed by final notification under Section

28(4) of the Karnataka Industrial Areas Development Act,

1966 (for short 'the Act') On 30.10.2014. The petitioner

has filed objections seeking dropping of the acquisition of

the lands of the petitioner under Section 28(3) of the Act.

It is contended that respondent No.1 in compliance of the

provision of the Act has passed the general award. Hence,

this petition.

3. Heard the learned counsel for the petitioner

and also the learned counsel for the respondents.

4. Learned counsel for the petitioner has placed

the reliance on the judgment of the Co-ordinate Bench of

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

petitioner is that, while the General Award passed by the

respondent No.3-Special Land Acquisition Officer was

questioned by some of the landlords, 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 respondent authorities to

consider claim for compensation under Section 29(2) of

the Act.

5. The submission of the learned counsel for

petitioner is not controverted at the hands of the

respondents.

6. Consequently, this Court proceeds to pass the

following:-

ORDER

1) Writ Petition is hereby allowed.

2) The impugned General award at Annexure-C dated 26.07.2019 passed by respondent No.3 in respect of land bearing Sy.No.64 measuring 2.00 acres and Sy.No.66 measuring 1.00 acre is hereby quashed and set aside.

3) Respondent No.3 (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 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-C, which has been quashed by this Court would revive.

5) Liberty is reserved to Special Land Acquisition Officer, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to general award.

Sd/-

JUDGE rv