Venkatappa vs State Of Karnataka
2022 Latest Caselaw 2571 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 16TH DAY OF FEBRUARY 2022

                     BEFORE

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

     WRIT PETITION No.1169/2022(LA-KIADB)

BETWEEN:

1.    VENKATAPPA
      AGED ABOUT 71 YEARS
      S/O LATE GIRIGOWDA

2.    VENKATACHALA
      AGED 68 EYARS
      S/O LATE GIRIGOWDA

3.    SMT SHOBHA
      AGED 38 YEAS
      D/O LATE THIMMEGOWDA
      W/O SRI LINGARAJU

4.    SWAMY
      AGED 36 YEARS
      S/O LATE THIMMEGOWDA

      ALL ARE R/AT YADUVANAHALLI
      CHEELUR POST
      MARALAWADI HOBLI
      KANAKAPURA TQ
      RAMANGARA DISTRICT.
                                   ...PETITIONERS
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(BY SRI. VIVEKANANDA T P., ADV.(PH))

AND

1.    STATE OF KARNATAKA
      DEPTOF COMMERCE AND INDUSTRIES
      VIDHANA SOUDHA
      BANGALORE 560001
      REP BY ITS SECRETARY.

2.    THE KARNATAKA INDSUTRIAL AREA
      DEVELOPMENT BOARD
      4TH AND 5TH FLOORS
      KHANIJA BHVAN
      RACE COURSE ROAD
      BANGALORE 560001
      REP BY ITS CHEF EXECUTIVE OFFICER.

3.    THE SPECIAL LAND ACQUISTION OFFICER
      KARNATAKA INDUSTRIAL AREA
      DEVELOPMENT BOARD
      PALACLE ROAD
      BANGALORE 560001.
                                  ...RESPONDENTS

(BY SRI.SESHU V., HCGP., FOR R1(PH):
SRI. P.V. CHANDRASHEKAR, ADV. FOR R2 & R3(PH))

    THIS WRIT PETITION IS FILED UNDER ARTICLE
226 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE GENERAL AWARD DTD 30.12.2013 VIDE
ANNX-F       MADE       BY       THE     R-3.
DIRECT THE R-2 AND 3 TO CONSIDER THE CASE OF
THE PETITIONERS FOR PASSING CONSENT AWARD
UNDER SECTION 29(2) OF THE KIAD ACT IN TERMS
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OF THE DECISION OF THIS HONBLE COURT IN
W.P.NO.6198/2015 DTD 25.08.2015 VIDE ANNX-M
AND W.P.NO.54902/2017 DTD 19.03.2008 VIDE
ANNX-N AND ETC.

     THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING 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:

Mr.Girigowda, father of the petitioner Nos.1 and

2 and grandfather of petitioner Nos.3 and 4 is the

absolute owner of land bearing Sy.No.159 of Cheelur

Village, Maralavadi Holi, Kanakapura Taluk measuring

2 acres 31 guntas. The said land was sold to

Mr.Girigowda through registered sale deed dated

14.7.1967 vide Annexure-A. 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

petitioners and the surrounding land as industrial area

and issued a notification under Section 1(3) 3(1) and

28(1) of. 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.

3. Heard the learned counsel for the

petitioners, learned HCGP and also the learned

counsel for the respondent-KIADB.

4. Learned counsel for the petitioners 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 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.

5. The submission of the learned counsel for

petitioners 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-F dated 30.12.2013 passed by respondent No.3 in respect of land bearing Sy.No.159 of Cheelur Village, Maralavadi Holi, Kanakapura Taluk measuring 2 acres 31 guntas, 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-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

DM