Sri Rudraiah vs The State Of Karnataka
2022 Latest Caselaw 3323 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 25TH DAY OF FEBRUARY 2022

                     BEFORE

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

     WRIT PETITION No.4403/2022(LA-KIADB)

BETWEEN:

1.    SRI RUDRAIAH
      S/O LATE NANJAIAH
      AGED ABOUT 58 YEARS
      R/AT B G PALYA VILLAGE
      BELLAVI HOBLI, TUMKURU TALUK
      TUMKURU DISTRICT- 572128.

2.    SRI. ESHWARAIAH B N
      S/O LATE NANAJAIAH
      AGED 51 YEARS
      R/AT B G PALYA VILLAGE
      BELLAVI HOBLI, TUMKURU TALUK
      TUMKURU DISTRICT- 572128.

3.    SMT.NGARATHANAMMA M S
      W/O LATE CHIKKANNAIAH B N
      AGED 54 YEARS
      R/AT B G PALYA VILLAGE
      BELLAVI HOBLI, TUMKURU TALUK
      TUMKURU DISTRICT- 572128.
                                  ...PETITIONERS

(BY SMT.KUMUDA T A., ADV.)
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AND

1.    THE STATE OF KARNATAKA
      BY ITS SECRETARY
      DEPT OF COMMERCE AND INDSUTRIES
      VIDHANA SOUDHA
      BANGALORE 01.

2.    THE KARNATAKA INDSUTRIAL AREA
      DEVELOPMENT BOARD
      BY ITS CHIEF EXECUTIVE OFFICE
      AND EXECUTIVE MEMBER
      KHANIJA BHVAN 4TH AND 5TH FLOOR
      RACE COURSE ROAD
      BANGALORE 01.

3.    THE SPECIAL LAND ACQUISTION OFFICER
      NIMZ, KARNATAKA INDSUTRIAL
      AREAS DEVELOPMENT BOARD
      I FLOOR, MARUTHI TOWER
      NEAR SIT MAIN GATE
      TUMKURU 572103.
                                 ...RESPONDENTS

(BY SRI. SESHU V., HCGP FOR R1(PH):
SRI, GOPAL V VILALMANE, 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 DATED:
26.07.2019 PASSED BY R3 IN RESPECT OF THE
PETITIONERS WAS THE ABSOLUTE OWNER OF LAND
SY.NO.16 MEASURING 2.00 ACRES, SITUATED AT
PURADAKUNTE VILLAGE, BELLAVI HOBLI, TUMKUR
TALUK, TUMKUR DISTRICT, OF PETITIONERS IS
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CONCERNED, WHICH IS PRODUCED AT ANNEXURE-C
AND ETC.

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

                       ORDER

Mr.Seshu.V., learned HCGP is directed to take

notice to respondent No.1.

Mr.Gopal V Bilalmane, learned counsel is

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

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.

2. Brief facts leading to filing of this writ

petition are that:

Petitioner Nos.1 and 2 are the sons of deceased

Nanjaiah and petitioner No.3 is the daughter-in-law of

deceased Nanjaiah. After the death of Nanjaiah on

23.11.2015, the petitioners are in possession and

owners of land bearing Sy.No.16 measuring 2 acres

situated at Puradakunte village, Bellavi Hobli, Tumkur

Taluk, Tumkur District. After the death of Mr.Nanjaiah

on 23.11.2015, the petitioners have 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 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 for the State and also the

learned counsel for the respondents-KIADB.

4. 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 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

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- C dated 26.07.2019 passed by respondent No.3 in respect of land bearing Sy.No.16 measuring 2 acres 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 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

DM