Karnataka High Court
Shri. S B Veerabhadrappa vs The State Of Karnataka on 21 December, 2021
Bench: Ashok S.Kinagi
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.22242 OF 2021 (LA-KIADB)
BETWEEN:
1. SHRI. S B VEERABHADRAPPA
S/O LATE BASAVARAJAPPA S M
AGED ABOUT 65 YEARS
2. LISHA S M
D/O LATE S B MUDDAPPA
AGED ABOUT 23 YEARS
BOTH ARE RESIDING AT
SINGEHALLI VILLAGE
VEMGAL HOBLI AND POST
KOLAR TALUK AND DISTRICT
PIN-563102.
...PETITIONERS
(BY SRI.SRIHARI. A.V, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF COMMERCE
AND INDUSTRIES
VIKASA SOUDHA
BANGALORE-560001.
BY ITS SECRETARY
2. KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
EAST WING, KHANIJA BHAVAN
2
BANGALORE-560 001
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
AND EXECUTIVE MEMBER
3. THE SPECIAL LAND ACQUISITON OFFICER-1
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
BENGALURU-560001.
...RESPONDENTS
(BY SMT. H.C.KAVITHA, HCGP FOR R1
SRI. VASANTH, ADVOCATE FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE GENERAL AWARD DATED 30.12.2013
PASSED BY THE R3 VIDE ANNEXURE-A AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the parties jointly submit that
the matter is covered by the judgment of this Court in
W.P.No.31702/2018 disposed of on 29.11.2018 and prays
for dispose of this writ petition in terms of the decision
rendered in the aforesaid writ petition. In view of the
above, the matter is taken up for final disposal.
2. The brief facts leading to filing of this writ
petition are as under:
The petitioners are the absolute owners of the land
in Sy.No.136/1 measuring 25 guntas situated at Singihalli
Village, Vemgal Hobli, Kolar Taluk and District. The
respondents have issued preliminary notification dated
06.07.2010 and followed by final Notification dated
09.09.2011 under Section 28(4) of Karnataka Industrial
Areas Development Act, 1966. Respondent Nos.2 and 3-
Authorities have passed the general award in respect of
the petitioners' land without any notice to the petitioners
under Sections 9 and 10 of the Land Acquisition Act, 1894
and also without calling upon the petitioners to enter into
consent agreement for determining the amount of
compensation as provided under Section 29(2) of the
KIAD Act, 1966. The petitioners being aggrieved by
passing of the general award dated 30.12.2013 vide
Annexure-A filed this writ petition.
3. Learned counsel for the parties jointly submit
that the matter is covered by the judgment of this Court in
W.P.No.31702/2018 in the case of Smt. Rathnamma Vs.
The State of Karnataka disposed of on 29.11.2018 and
submits that this writ petition shall be disposed of in terms
of the order dated 29.11.2018 passed in the aforesaid writ
petition.
4. Perused the order passed in the aforesaid writ
petition and also the submissions made by the learned
counsel for the parties. This Court is of the opinion that the
petition deserves to be allowed in terms of the aforesaid
decision of this Court in Rathnamma's case (supra) and
proceed to pass the following:
ORDER
(i) The writ petition is allowed.
(ii) The impugned General Award dated 30.12.2013
vide Annexure-A in respect of Sy.No.No.136/1
measuring 25 guntas is hereby set aside.
(iii) Respondent No.3 is directed to consider the claim
of the petitioners under Section 29(2) of KIAD
Act, 1966 and pass orders within a period of four
months from the date of receipt of a copy of this
order.
(iv) 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 vide Annexure-A which has been quashed
by this Court would revive.
(v) Liberty is reserved to respondent No.3-SLAO to
withdraw the amount if deposited, before the Civil
Court, pursuant to the general award.
Sd/-
JUDGE
rv
