Sri. Narasimhamurthy vs The State Of Karnataka
2023 Latest Caselaw 5065 Kant

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                                                    NC: 2023:KHC:26500
                                                         WP No. 16220 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 31ST DAY OF JULY, 2023

                                           BEFORE
                             THE HON'BLE MR JUSTICE R DEVDAS
                        WRIT PETITION NO. 16220 OF 2023 (LA-KIADB)


                   BETWEEN:

                   SRI. NARASIMHAMURTHY
                   S/O KEMPAIAH
                   AGED ABOUT 67 YEARS
                   R/A NO.39, GROUND FLOOR
                   6TH B CROSS, HANUMAIAH LAYOUT
                   SAHAKARANAGARA
                   BENGALURU-560092
                                                                ...PETITIONER
                   (BY SRI. VARUN R R., ADVOCATE)

                   AND:

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

                   2.    THE KARNATAKA INDUSTRIAL AREA
                         DEVELOPMENT BOARD
                         MAHARSHI ARAVIND BHAVAN
                         IST FLOOR, NRUPATHUGNA ROAD
                         BANGALORE-560001
                         REPRESENTED BY ITS
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                                    NC: 2023:KHC:26500
                                         WP No. 16220 of 2023




      CHIEF EXECUTIVE OFFICER AND
      EXECUTIVE MEMBER

3.    THE KARNATAKA INDUSTRIAL AREA
      DEVELOPMENT BOARD
      MAHARSHI ARAVIND BHAVAN
      IST FLOOR, NRUPATUNGA ROAD
      BANGALORE-560001
      REPRESENTED BY ITS SPECIAL LAND ACQUISITION
      OFFICER-2(BMICP)

                                              ...RESPONDENTS


(BY SRI. SRIDHAR N HEGDE., AGA FOR R1
    SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 & R3)


       THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH

THE    GENERAL    AWARD    PASSED   BY     THE   R3   BEARING

NO.KIADB/LAQ/2036/2023-24 DATED 06/06/2023 IN RESPECT

OF SY. NO.100/1 MEASURING 32 GUNTAS SITUATED AT

DODDAGOLLAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI

TALUK, BENGALURU RURAL DISTRICT AS PER ANNEXURE-A

AND ETC.,


       THIS   PETITION,   COMING    ON     FOR   PRELIMINARY

HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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                                     NC: 2023:KHC:26500
                                        WP No. 16220 of 2023




                          ORDER

R.DEVDAS J., (ORAL):

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-A.

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 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

NC: 2023:KHC:26500 WP No. 16220 of 2023

better price if the compensation is awarded in terms of the

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.

2. 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 above.

NC: 2023:KHC:26500 WP No. 16220 of 2023

3. Consequently, the following:

ORDER

(i) The writ petition is allowed.

(ii) The impugned general award dated

06.06.2023 at Annexure-A insofar as the

petitioner's land is concerned is set aside.

(iii) The respondent Special Land Acquisition

Officer of the 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 KIADB Act and

pass necessary orders within a period of

three months from the date of receipt of

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:26500 WP No. 16220 of 2023

(v) Needless to state that in the event of any

dispute, the general award would stand

restored.

Ordered accordingly.

Sd/-

JUDGE

KLY CT: JL