Sri M Giriyappa vs The State Of Karnataka
2022 Latest Caselaw 7454 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 25TH DAY OF MAY 2022

                         BEFORE

        THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

     WRIT PETITION NO. 9318 OF 2022 (LA-KIADB)

BETWEEN:

SRI. M.GIRIYAPPA
S/O LATE MUDLAIAH
AGED ABOUT 71 YEARS,
R/AT THIPPEDASARAHALLI VILLAGE,
KORA HOBLI, TUMKUR TALUK,
TUMKUR DISTRICT-572128.
                                          ... PETITIONER
(BY SRI. MAHESHA D., ADV.,)

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 & EXECUTIVE MEMBER,
       4TH AND 5TH FLOORS, KHANIJA BHAVANA,
       RACE COURSE ROAD, BENGALURU-560 001.

3.    THE SPECIAL LAND ACQUISITION OFFICER NIMZ
      KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
      BOARD, I FLOOR, MARUTHI TOWER,
      NEAR SIT MAIN GATE,
      TUMKUR-572103.
                                       ... RESPONDENTS
(BY SRI SHARANABASAPPA M PATIL, HCGP FOR R-1
SRI. P.V.CHANDRASHEKAR, ADV., FOR R-2 & R-3)
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     THIS WRIT PETITION IS FILED UNDER ARTICLE 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE GENERAL AWARD DTD 15.07.2021 PASSED BY
R3 IN RESPECT OF BEARING SY.NO.7/2A1 MEASURING 1-05
GUNTAS, SITUATED AT THIPPEDASARAHALLI VILLAGE, KORA
HOBLI, TUMKUR TALUK, TUMKUR DISTRICT, BELONGING TO
PETITIONER IS 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

Learned AGA accepts notice for respondent No.1.

2. Sri.P.V. Chandrashekar, learned standing counsel

appears for respondents No.2 and 3.

3. The petitioner is before this Court seeking for the

following reliefs:

i. Issue a writ of certiorari quashing the General award bearing No. SLAO/KIADB/TU/Com.No.3506/2021-22 dated 15.07.2021 passed by 3rd respondent in respect of bearing No. Sy.No.7/2A1 measuring 2 acres 06 guntas and Sy.No.7/2B1 measuring 1-05 guntas situated at Thippedasarahalli village, Kora Hobli, Tumkur Taluk, Tumkur District, belonging to petitioner is concerned, which is produced at Annexure-C.

ii. Issue any suitable order, direction or writ in the nature of mandamus directing the respondents herein to consider the case

of the petitioner as per Section 29(2) of the KIAD Act.

iii. Issue any other orders or directions as deemed fit in the circumstances attending.

4. The petitioner is claiming to be the owner of land

bearing Sy.No.7/2A1 measuring 2 acres 06 guntas and

Sy.No.7/2B1 measuring 1.05 guntas situated at

Thippedasarahalli Village, Kora Hobli, Tumkur Taluk,

Tumkur District. The respondent No.2 - The Karnataka

Industrial Area Development Board (for short 'KIAD Act')

wanted to establish an industrial area and as such a land

of the petitioner was acquired by respondent No.1 on

behalf of respondent No.2 by issuing necessary

notification on 09.08.2018. Subsequent thereto, a

General award came to be passed by respondent No.3 on

15.07.2021 at Annexure - C.

5. The petitioner is before this Court contending that a

General award ought not to have been passed and an

award ought to have been passed under Section 29(2) of

KIAD Act, 1966.

6. Both the counsel submits that this court has dealt

with the similar matter vide judgment dated 11.01.2022

in W.P.No.330/2022 and submit that similar order could

be passed.

7. In view of the above, I pass the following:

ORDER

i. The writ petition is allowed.

ii. The General award dated 15.07.2021 bearing No.SLAO/KIADB/TU/Com.No.3506/2021-22 at Annexure - C in respect of Sy.No.7/2A1 measuring 2 acres 06 guntas and Sy.No.7/2B1 measuring 1-05 guntas situated at Thippedasarahalli village, Kora Hobli, Tumkur Taluk, Tumkur District, is hereby quashed.

iii. A mandamus is issued directing a respondent No.3 to consider the case of the petitioner and pass an award in terms of 29(2) of KIAD Act.

iv. It is made clear that, in the event of any dispute arising with regard to entitlement or apportionment for the award amount, the General Award at Annexure - C which has

now been quashed would stand revived, if such dispute arises before settlement of compensation amount under Section 29(2) of KIAD Act and in the event of any dispute

are at liberty to file such proceedings that may be required against the petitioner.

v. The amount in deposit before the Civil Court is permitted to be withdrawn by respondent No.3 for onward disbursal after passing of the fresh order.

Sd/-

JUDGE

AG