Shri Nagaraju M vs The State Of Karnataka
2022 Latest Caselaw 1146 Kant

                         1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 25TH DAY OF JANUARY 2022

                      BEFORE

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

     WRIT PETITION No.1470/2022(LA-KIADB)

BETWEEN:

1. SHRI NAGARAJU M
   S/O VENKATARAYAPPA
   AGED ABOUT 50 YEARS.

2 . SHRI KRISHNAPPA
    S/O VENKATARAYAPPA
    AGED ABOUT 40 YEARS

     BOTH R/O MASTHENAHALLI VILLAGE
     KAIWARA HOBLI
     CHINTHAMANI TALUK
     CHIKKABALLAPUR PIN 563 128.
                                   ...PETITIONERS

(BY SRI.SRIHARI A V., ADV. (VC))

AND

1.    THE STATE OF KARNATAKA
      DEPARTMENT OF COMMERCE
      AND INDUSTRIES
      VIKASA SOUDHA
      BANGALORE 560 001
      BY ITS SECRETARY
                        2



2.   THE KARNATAKA INDUSTRIAL
     AREA DEVELOPMENT BOARD
     EAST WING KHANIJA BHAVAN
     BANGALORE 560 001
     REP BY ITS CHIEF EXECUTIVE OFFICER
     AND EXECUTIVE MEMBER.

3.   THE SPECIAL LAND ACQUISITION OFFICER-1
     THE KARNATAKA INDUSTRIAL
     AREA DEVELOPMENT BOARD
     BENGALURU 560 001.
                                 ...RESPONDENTS

(BY SMT. KAVITHA H.C., HCGP FOR R1
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.24.6.2017 PASSED BY THE R-3 VIDE ANNEXURE-
A DIRECT THE RESPONDENTS TO CONSIDER THE
CASE OF THE PETITIONERS AS PER SECTION 29(2)
OF THE KIADB ACT FOR PASSING THE CONSENT
AWARD IN RESPECT OF THE PETITIONERS LAND IN
SY NO.50/2 MEASURING 1 ACRES 21.8 GUNTAS
SITUATED AT MASTHENAHLI VILLAGE, KAIWARA
HOBLI, CHINTHAMANI TALUK CHAKKABALLAPURA
DISTRICT.


     THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:
                              3



                          ORDER

The learned HCGP is directed to take notice to

respondent No.1.

Mr.P.V.Chandrasehkar, 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:

The petitioners are the absolute owners of land

bearing Sy.No.50/2 measuring 1 acre 21.8 guntas

situated at Masthenahalli Village, Kaiwara Hobli,

Chinthamani Taluk, Chikkaballapur District. The

petitioners have been in possession of the said land.

Respondent No.2 has declared the 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 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 and also the learned counsel for the

respondents.

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 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 petitioners 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-A dated 24.06.2017 passed by respondent No.3 in respect of land bearing Sy.No.50/2 measuring 1 acre 21.8 guntas situated at Masthenahalli Village, Kaiwara Hobli, Chinthamani Taluk, Chikkaballapur 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