Sri R Nataraju vs The State Of Karnataka
2022 Latest Caselaw 2190 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 10TH DAY OF FEBRUARY 2022

                        BEFORE

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

      WRIT PETITION No.24607/2021(LA-KIADB)

BETWEEN:

1.     SRI R NATARAJU
       S/O RAMAIAH
       AGED ABOUT 46 YEARS
       R/AT NO.1858
       TUMKUR MAIN ROAD, PEENYA
       BANGALORE NORTH-560058.

2.     SMT.RAMAKKA
       W/O LATE SHIVANNA
       AGED 65 YEARS
       R/AT BATHSANDRA VILLAGE
       KORA HOBLI, TUMKUR TALUK
       TUMKUR DISTRICT-572 138.

3.     SRI.MANJUNATHA B.S.
       S/O LATE SHIVANNA
       AGED ABOUT 39 YEARS
       R/AT BATHSANDRA VILLAGE
       KORA HOBLI, TUMKUR TALUK
       TUMKUR DISTRICT-572 138.
                                       ...PETITIONERS
(BY SRI. KUMUDA T A., ADV.(VC))
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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 AND 5TH FLOOR
      RACE COURSE ROAD
      BANGALORE-01.

3.    THE SPECIAL LAND ACQUISITION OFFICER
      KARNATAKA INDUSTRIAL
      AREAS DEVELOPMENT BOARD
      I FLOOR, MARUTHI TOWER
      NEAR SIT MAIN GATE
      TUMKUR-572 103.
                                     ...RESPONDENTS
(BY SRI.SESHU V., HCGP. FOR R1(PH):
    SRI. P.V. CHANDRASHEKAR, ADV. FOR R2 & R3(PH))

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE GENERAL AWARD BEARING DTD.
23.12.2013 PASSED BY R-3 IN RESPECT OF P-1 IS THE
ABSOLUTE OWNERS OF LAND BEARING SY.NO.11
MEASURING 2 ACRES 09 GUNTAS, AND P-2 AND 3 ARE
THE ABSOLUTE OWNERS OF LAND BEARING SY.NO.11
MEASURING 2 ACRES 11 GUNTAS, SITUATED AT
BATHSANDRA VILLAGE, KORA HOBLI, TUMKUR TALUK,
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TUMKUR DISTRICT, OF PETITIONERS ARE CONCERNED,
WHICH IS PRODUCED AT ANNX-C AND ETC.

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

                        ORDER

Learned HCGP is directed to take notice for

respondent No.1.

Sri P. V. Chandrashekar, learned counsel is

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

2. Learned counsel for the parties jointly

submitted that the matter is covered by a judgment of

this Court in W.P.No.14229/2021. In view of the

same, the matter is take up for final disposal.

3. Brief facts leading to filing of this writ

petition are that:

The petitioner No.1 is the absolute owner of land

bearing Sy.No.11 measuring 2 acre 09 guntas and

petitioner Nos.2 and 3 are the absolute owners of land

bearing Sy.No.11 measuring 2 acres 11 guntas

situated at Bathsandra Village, Kora Hobli, Tumkur

Taluk, Tumkur District. Petitioner No.2 husband i.e.

Shivanna, S/o Narasegowda died on 26.11.2016 and

after his death, the petitioners have been in

possession of the said lands. Respondent No.2 being

the statutory body established under the Karnataka

Industrial Areas Development Act, 1966 (for short 'the

Act'), has declared the lands of the petitioners 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 petitioners have filed

objections seeking dropping of the acquisition of the

lands of the petitioners 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.

4. Heard the learned counsel for the

petitioners and also the learned counsel for the

respondents.

5. Learned counsel for the petitioners 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 petitioners 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 petitioners 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.

6. The submission of the learned counsel for

petitioners is not controverted at the hands of the

respondents.

7. Consequently, this Court proceeds to pass

the following:-

ORDER

1) Writ Petition is hereby allowed.

2) The impugned General award at Annexure-C dated 23.12.2013 passed by respondent No.3 in respect of land of petitioner No.1 bearing Sy.No.11 measuring 2 acre 09 guntas and land of petitioner Nos.2 and 3 bearing Sy.No.11 measuring 2 acres 11 guntas situated at Bathsandra Village, Kora 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 petitioners 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

HA/-