Sri Bommanna vs The State Of Karnataka
2022 Latest Caselaw 1667 Kant

                          1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 3RD DAY OF FEBRUARY 2022

                      BEFORE

THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

     WRIT PETITION No.2251/2022(LA-KIADB)

BETWEEN:

SRI BOMMANNA
S/O LATE SIDDEGOWDA
@ SIDDANANJAPPA
AGED ABOUT 75 YEARS
R/AT B.M. PALYA VILALGE
BELLAVI HOBLI
TUMKUR TALUK
TUMKUR DIST 572128
                                    ...PETITIONER
(BY SMT. KUMUDA T A., ADV. (VC))

AND

1.    THE STATE OF KARNATAKA
      BY ITS SECRETARY
      DEPARTMENT OF COMMERCE & INDUSTRIES
      VIDHANA SOUDHA
      BANGALORE 01.

2.    THE KARNATAKA INDUSTRIAL AREA
      DEVELOPMENT BOARD
      BY ITS CHIEF EXECUTIVE OFFICER AND
      EXECUTGIVE MEMBER
      KHANIJA BHAVAN
                              2



     4TH AND 5TH FLOOR, RACE COURSE ROAD
     BANGALORE 01.

3.   THE SPECIAL LAND ACQUISITION OFFICER NIMZ
     KARNATAKA INDUSTRIAL AREAS
     DEVELOPMENT BOARD
     I FLOOR, MARUTHI TOWER
     NEAR SIT MAIN GATE
     TUMKUR 572103.
                                          ...RESPONDENTS
(BY SRI.SESHU, N. HCGP FOR R1(PH):
SRI. P.V. CHANDRASHEKAR, ADV. FOR R2& R3(VC))

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING      TO   QUASH      THE     GENERAL       AWARD
DTD.26.7.2019 PASSED BY THE R-3 IN RESPECT OF
THE PETITIONER WAS THE ABSOLUTE OWNER OF
LAND SYNO.16 MEASURING 2 ACRE 10 GUNTAS AND
SY   NO.15   BLOCK    6   MEASURING        0-08    GUNTAS
SITUATED     AT   PURADAKUNTE       VILLAGE,      BALLAVI
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:
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                      ORDER

Learned Government Advocate is directed to

take notice to respondent No.1.

Mr.P.V.Chandrashekar, learned counsel is

directed to take notice to respondent Nos.2 and 3.

2. Brief facts leading to filing of this writ

petition are that:

The petitioner is the absolute owner of land

bearing Sy.No.16 measuring 2 acres 10 guntas and

Sy.No.15, Block-6, measuring 0-08 guntas situated at

Puradakunte Village, Bellavi Hobli, Tumkur Taluk,

Tumkur District. The petitioner has been 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 notification under Section

1(3) 3(1) and 28(1) of the Karnataka Industrial Areas

Development Act, 1966 (for short 'the Act'). 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, learned Government Advocate and also the

learned counsel for the respondent-KIADB.

4. Learned counsel for the petitioner has

placed 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-NIMZ 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 the 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.16 measuring 2 acres 10 guntas and Sy.No.15,

Block-6, measuring 0-08 guntas situated at Puradakunte Village, Bellavi Hobli, Tumkur Taluk, Tumkur District 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

DM