Sri.Muniyappa vs The State Of Karnataka
2023 Latest Caselaw 5527 Kant

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                                                                 NC: 2023:KHC:28532
                                                           WP No. 17220 of 2023




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 11TH DAY OF AUGUST, 2023

                                               BEFORE
                                THE HON'BLE MR JUSTICE R DEVDAS
                           WRIT PETITION NO. 17220 OF 2023 (LA-KIADB)
                      BETWEEN:

                      SRI.MUNIYAPPA
                      S/O LATE JOGAPPA,
                      AGED ABOUT 102 YEARS,
                      R/AT KONAGHATTA,
                      DODDABALLAPURA,
                      BANGALORE RURAL DISTRICT-561203.
                                                                      ...PETITIONER
                      (BY SRI. SHARAN N MAJAGE., ADVOCATE)

                      AND:

                      1.    THE STATE OF KARNATAKA
                            BY ITS SECRETARY,
Digitally signed by         DEPARTMENT OF COMMERCE
JUANITA THEJESWINI
Location: HIGH              AND INDUSTRIES,
COURT OF
KARNATAKA                   VIDHANA SOUDHA,
                            BENGALURU-560001.

                      2.    KARNATAKA INDUSTRIAL AREAS
                            DEVELOPMENT BOARD
                            REP BY ITS CHIEF EXECUTIVE OFFICER
                            AND EXECUTIVE MEMBER,
                            KHANIJA BHAVANA,
                            RACE COURSE ROAD,
                            BENGALURU-560001.
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                                         NC: 2023:KHC:28532
                                     WP No. 17220 of 2023




3.   THE SPECIAL LAND ACQUISITION OFFICER
     KARNATAKA INDUSTRIAL AREAS
     DEVELOPMENT BOARD,
     NO.39, BHARATH SCOUTS AND
     GUIDES BUILDING,
     4TH FLOOR, PALACE ROAD,
     BENGALURU-560001.
                                         ...RESPONDENTS
(BY SRI.SRIDHAR N HEGDE, AGA FOR R1
    SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 & R3)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
GENERAL      AWARD   BEARING   NO.KIADB/LAQ/2023-24    DTD
6.6.2023 PASSED BY THE RESPONDENT NO.3 IN RESPECT OF
LAND IN SY.21/12 MEASURING 1 ACRE 14 GUNTAS OF LAND
SITUATED AT CHAPPARADAHALLI VILLAGE, KUNDANA HOBLI,
DEVANAHALI TALUK, BANGALORE RURAL DISTRICT, IN SO FAR
AS THE PETITIONER IS CONCERNED, WHICH IS PRODUCED AS
ANNX-D AND ETC.,

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


                           ORDER

R.DEVDAS J., (ORAL):

Learned AGA takes notice for respondent No.1.

Learned Counsel Sri H.L.Pradeep Kumar, has entered

appearance for respondents No.2 and 3.

NC: 2023:KHC:28532 WP No. 17220 of 2023

2. Learned Counsel for the petitioner submits that a

General Award has been passed only on the ground that

the petitioner was absent when the matter was heard by

the Special Land Acquisition Officer for award of

compensation, as could be seen in the discussions made in

the General Award dated 06.06.2023 at Annexure-D.

3. Learned Counsel submits that this Court has held

in several matters including the recent decision in the case

of Harisha.R /vs./ State of Karnataka and others in

W.P.No.12703/2023 dated 27.06.2023 following an

earlier decision in W.P.No.6198/2015, that the land loser

would be entitled for a better price as compensation

instead of determination under a General Award. As a

consequence, all such matters where it was found that a

general award was passed only on some technical ground

that the land loser was not present at the time of hearing

or such other technical reasons, this Court was of the

considered opinion that since the land loser would get a

better price if the compensation is awarded in terms of the

NC: 2023:KHC:28532 WP No. 17220 of 2023

agreement and not under a General Award, the award

may be passed in terms of an agreement. Therefore, the

learned counsel submits that similar benefit should be

given to the petitioner.

4. On going through several of the following

judgments which were rendered by this Court:

i) Smt. Rukmani v/s State of Karnataka

- W.P No.39611-39612/2016 dated 16.09.2016;

ii) Sri.Basavaraju vs. State of Karnataka

- W.P.No.34071/2017 dated 28.08.2017;

iii) Sri.Rajanna vs. State of Karnataka -

W.P.No.51362/2016 dated 21.03.2018;

iv) Smt.Ningamma vs. state of Karnataka

- W.P.No.6198/2015 dated 25.08.2015;

v) Sri.Bhyraiah vs. State of Karnataka -

W.P.No.40896/2017 dated 24.01.2019.

this Court is of the considered opinion that the petitioner is

entitled for similar relief as was given in the cases

mentioned hereinabove.

NC: 2023:KHC:28532 WP No. 17220 of 2023

5. Consequently, the following:

ORDER

(i) The writ petition is allowed.

(ii) The impugned General Award dated 06.06.2023 at Annexure-D insofar as the petitioner's land is concerned is set aside.

(iii) The respondent-Special Land Acquisition Officer, KIADB is directed to reconsider the request of the petitioner for award of compensation by way of an agreement under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 and pass necessary orders within a period of three months from the date of receipt of a copy of this order.

(iv) The respondent - Special Land Acquisition Officer, KIADB, is at liberty to withdraw the amount that has been deposited by it pursuant to the General Award before the jurisdictional court.

NC: 2023:KHC:28532 WP No. 17220 of 2023

(v) Needless to state that in the event of any dispute, the General Award would stand restored.

Ordered accordingly.

Learned Additional Government Advocate and the

learned Counsel for respondents No.2 and 3 are permitted

to file Memo of appearance/Vakalath as the case may be,

within a period of four weeks from today.

Sd/-

JUDGE

JT/-

CT: JL