Nagaraj L K vs State Of Karnataka
2022 Latest Caselaw 1672 Kant

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     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.21194/2021(LA-KIADB)

BETWEEN:

NAGARAJ L K
S/O LATE KAMAIHA
AGED ABOUT 38 YEARS
R/AT LINGANAHALLI
SOREKUNTE, NELAHAL PSOT
BELLAVI HOBLI
TUMKURU TALUK AND DISTRICT 572 128.

                                        ...PETITIONER
(By SRI.H S SANTHOSH, ADV. (VC))

AND

1.     STATE OF KARNATAKA
       REP BY ITS SECRETARY
       DEPARTMENT OF COMMERCE
       AND INDUSTRIES
       VIDHANA SOUDHA
       BANGALORE 560 001.

2.     THE KARNTAKA INDUSTIRAL AREA
       DEVELOPMENT BOARD
       BY ITS CEO AND EM
       4 AND 5TH FLOOR
       KANIJA BHAVAN
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     RACE COURSE ROAD
     BANGALORE 560 001.

3.   THE SPECIAL LAND ACQUISITION OFFICER
     NIMZ KIADB MARHTI TOWERS
     1ST FLOOR
     BESIDE SIT BH ROAD
     TUMKUR 572 102.
                                       ...RESPONDENTS
(BY SMT. KAVITHA H.C., HCGP. FOR R1(PH):
    SRI.P.V. CHANDRASHEKAR, ADV. R2 & R3(VC))

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE GENERAL AWARD DATED 30.01.2021
PASSED BY THE R3 VIDE ANNEXURE-A IN RESPECT OF
SY.NO.39/p1, P2, P3, B1, 3, 4, 5, 6, 7, 8, 9 AND 10
SITUATED AT NAGENAHALLI VILLAGE, KORA HOBLI,
TUMKUR TALUK AND DISTRICT TOTALLY MEASURING 2
ACRES 29 GUNTAS OF LAND BELONGING TO THE
PETITIONERAND ETC.

     THIS WRIT PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:

                      ORDER

Learned High Court Government Pleader is

directed to take notice to respondent No.1.

Sri 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 father of the petitioner is the absolute owner

of land bearing Sy.Nos.39/P1, P2, P3, B1, 3, 4, 5, 6,

7, 8, 9 & 10 measuring 2 acres 29 guntas situated at

Nagenahalli Village, Kora Hobli, Tumkur Taluk &

District. The father of the petitioner was granted the

said land as stated above vide Grant Certificate dated

10.10.1996 vide Annexure-C. It is further contended

that the father of the petitioner died on 01.06.2018

and the mother of the petitioner died on 04.06.2018.

Respondent No.2 being the statutory body established

under the Karnataka Industrial Areas Development

Act, 1966 (for short 'the Act'), had declared the

aforesaid 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 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 HCGP 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-A dated 30.01.2021 passed by respondent No.3 in respect of Sy.Nos.39/P1, P2, P3, B1, 3, 4, 5, 6, 7, 8, 9 & 10 measuring 2 acres 29

guntas situated at Nagenahalli Village, Kora Hobli, Tumkur Taluk & 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-A, 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

HA/-