Karnataka High Court
The Special Land Acquisition ... vs Smt M Shakuntalamma on 8 June, 2023
Bench: Alok Aradhe Hegde, Arhj
-1-
NC: 2023:KHC:19677-DB
WA No. 6763 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT APPEAL NO. 6763 OF 2017 (LA-KIADB)
BETWEEN:
THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
BENGALURU MYSORE INFRASTRUCTURE CORRIDOR
PROJECT, (BMICP PROJECT),
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
...APPELLANT
(BY SRI B. B. PATIL, ADVOCATE)
AND:
1. SMT M. SHAKUNTALAMMA,
W/O SRI.C.R.RAMESH,
Digitally signed AGED ABOUT 67 YEARS,
by BELUR R/AT NO.5, 1ST MAIN,
RANGADHAMA
NANDINI 8TH CROSS, PRASHANTHANAGARA,
Location: HIGH BENGALURU-560 079.
COURT OF
KARNATAKA
2. STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
INDUSTRIES AND COMMERCE DEPARTMENT,
VIKASA SOUDHA, DR.B.R. AMBEDKAR VEEDHI,
BENGALURU-560 001.
3. M/S. NANDI INFRASTRUCTURE CORRIDOR
ENTERPRISES,
BENGALURU MYSURE INFRASTRUCTURE CORRIDOR,
REP. BY ITS MANAGING DIRECTOR,
-2-
NC: 2023:KHC:19677-DB
WA No. 6763 of 2017
HAVING ITS OFFICE AT: MIDFORD GARDEN,
OFF M.G.ROAD, BENGALURU - 560 001.
...RESPONDENTS
(BY B RAJENDRA PRASAD, HCGP FOR R2,
SRI R.B.SADASIVAPPA, ADVOCATE FOR R1,
SRI NITIN PRASAD, ADVOCATE FOR R3,
SRI V.V.GUNJAL, ADVOCATE ON IA2/2021 FOR
IMPLEADING APPLICANT (ONLY IF IA 2/21 IS ALLOWED)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO ALLOW THE
WRIT APPEAL AND SET ASIDE ORDER DATED 08.08.2017
PASSED BY LEARNED SINGLE JUDGE IN WRIT PETITION
NO.64702/2016 ALLOWING THE PETITION OF RESPONDENT
NO.1 THEREBY ISSUING A DIRECTION TO THE APPELLANT
NO.1 TO PASS AWARD WITHIN TWO MONTHS AND PAY THE
COMPENSATION WITH ALL STATUTORY BENEFITS IN TERMS OF
THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN
LAND ACQUISITION REHABILITATION AND RESETTLEMENT
ACT, 2013.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY
ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra Court appeal is filed against the order dated
08.08.2017 passed by the learned Single Judge by which the
Writ Petition preferred by respondent No.1 (hereinafter referred
to as the 'land owner' for short), has been allowed and the
direction has been issued to Karnataka Industrial Area
Development Board (hereinafter referred to as 'Board' for
short), to pass an award within two months from the date of
NC: 2023:KHC:19677-DB
WA No. 6763 of 2017
receipt of copy of the order and to determine the compensation
in accordance with the provisions of Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (hereinafter referred to as '2013 Act',
for short).
2. Facts giving rise to the filing of this appeal briefly
stated are that the land owner owns land bearing Sy. No.27P1,
measuring 1 acre situated in Gonipura Village, Kengeri Hobli,
Bengaluru South Taluk.
3. The proceedings under the Karnataka Industrial
Area Development Board Act were initiated.
4. Preliminary notification under Section 28(1) of the
Act was issued on 16.10.2008. Thereafter, a final notification
under Section 28(4) of the Act was issued on 21.03.2009.
However, the award was not passed. The owner of the land
thereupon filed a Writ Petition before the learned Single Judge
to direct Land Acquisition Officer of the Board to pass an award
and to pay the compensation to the land owner under the
provisions of 2013 Act. The learned Single Judge by order
dated 08.08.2017, interalia held that since no award has been
NC: 2023:KHC:19677-DB
WA No. 6763 of 2017
passed till 2017, the Board is under the obligation to pay the
compensation in terms of 2013 Act. Learned Single Judge
directed the Land Acquisition Officer of the Board to pass an
award and to pay compensation in terms of 2013 Act. Being
aggrieved by the said order, the Board has filed this appeal.
5. Learned counsel for the Board submitted that the
learned Single Judge has grossly erred in directing the Board to
pay the compensation under 2013 Act. It is submitted that at
the best, the proceedings could held to have been lapsed since
no award was passed for nine years. On the other hand learned
counsel for respondent No.3, has supported the order passed
by the learned Single Judge and has adopted the submissions
made by the learned counsel for the appellant, except the
submission relating to the lapse of the acquisition proceeding.
6. We have considered the submissions made on both
sides.
7. This Court vide judgment dated 06.04.2022 passed
in W.A.No.557/2021 held that nine years delay in passing the
award is fatal to the proceedings and quashed the proceedings
NC: 2023:KHC:19677-DB
WA No. 6763 of 2017
initiated for acquisition of the land. The aforesaid judgment was
challenged by the Board in SLP Civil No.22081/2022. The
Hon'ble Supreme Court by order dated 02.12.2022 dismissed
the Special Leave Petition and held that the delay of nine years
in passing the award is unreasonable.
8. In the instant case, for a period of 11 years, no
award has been passed. Therefore, the learned Single Judge
ought to have quashed the notification dated 16.10.2008 and
21.03.2009 in sofar as it pertains to land in-question, instead of
directing the Special Land Acquisition Officer of the Board to
pass an award and to pay the compensation in terms of 2013
Act.
9. For the aforementioned reasons, the notifications
dated 16.10.2008 and 21.03.2009 in so far as it pertains to the
land in-question held by the land owner are hereby quashed.
The direction issued by the learned Single Judge to pass an
award and to determine the compensation under the 2013 Act
are hereby set aside.
NC: 2023:KHC:19677-DB
WA No. 6763 of 2017
In the result, the appeal is partly allowed.
Sd/-
JUDGE
Sd/-
JUDGE
GVP
