Karnataka High Court

M/S Uttam Galva Ferrus Limited vs P Doddappa S/O P Basappa on 14 June, 2023

Bench: Pradeep Singh Yerur

                                          -1-
                                                 WP No. 102475 of 2023
                                 c/w WP NOs.102479 OF 2023, 102485 OF
                                 2023, 102516 OF 2023 & 102492 OF 2023



                  IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                       DATED THIS THE 14TH DAY OF JUNE, 2023

                                       BEFORE

                   THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR

                     WRIT PETITION NO. 102475 OF 2023 (GM-CPC)

                                       C/W
                          WRIT PETITION NO.102479 OF 2023
                          WRIT PETITION NO.102485 OF 2023
                          WRIT PETITION NO.102516 OF 2023
                          WRIT PETITION NO.102492 OF 2023

             IN WP NO. 102475 OF 2023
             BETWEEN:

             M/S. UTTAM GALVA FERROUS LIMITED,
             UTTAM HOUSE, NO.69, P.DMELLO ROAD,
             MUMBAI-400009.
             (REPRESENTED BY ITS AUTHORISED REPRESENTATIVE
             MR. RAVI KUMAR SALI)
             (REVIEW PETITIONER IN R.P. NO. 5/2022)
                                                        ...PETITIONER

             (BY SRI VEERESH R. BUDIHAL, ADVOCATE)
BHARATHI
HM
High Court   AND:
of
Karnataka,
Dharwad
             1.    P. DODDAPPA S/O. P. BASAPPA,
                   AGED ABOUT 62 YEARS,
                   OCC: AGRICULTURIST,
                   R/O. KUDITHINI VILLAGE,
                   BALLARI TALUK AND DISTRICT.
                   (RESPONDENT NO.1 IN R.P. NO.5/2022)

2. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, OFFICE OF THE KIADB, P.B. ROAD, DAVANGERE-577006. (RESPONDENT NO.3 IN R.P. NO.5/2022)

WP No. 102475 of 2023 c/w WP NOs.102479 OF 2023, 102485 OF 2023, 102516 OF 2023 & 102492 OF 2023

3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, HEAD OFFICE, NO. 49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.

REPRESENTED HEREIN BY ITS SECRETARY. (RESPONDENT NO.3 IN R.P. NO.5/2022) ...RESPONDENTS

(BY SMT. ARCHANA A. MAGADUM, ADVOCATE FOR RESPONDENT NO.1) (BY SRI G.I. GACHCHINAMATH, ADVOCATE FOR RESPONDENT NO.2 AND 3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT

IN THE NATURE OF CERTIORARI OR ANY OTHER ORDER OR

DIRECTION QUASHING THE ORDER DATED 02.02.2023 PASSED

BY THE HON'BLE COURT OF THE LD. I ADDITIONAL SENIOR CIVIL

JUDGE, BALLARI, IN R.P NO. 05/2022 VIDE ANNEXURE -E TO THE

WRIT PETITION; ISSUE A WRIT IN THE NATURE OF MANDAMUS

OR ANY OTHER DIRECTION OR ORDER TO THE HON'BLE COURT

OF THE LD. I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, TO

CONSIDER THE REVIEW PETITION NO. 5/2022 FILED BY THE

PETITIONER IN ACCORDANCE WITH THE PROVISIONS OF LAW OR

IN THE ALTERNATIVE TO ALLOW THE SAID REVIEW PETITION NO.

5/2022 FILED BY THE PETITIONER WHICH WAS FILED BEFORE

THE HON'BLE COURT OF THE LD. I ADDITIONAL SENIOR CIVIL

JUDGE, BALLARI.

WP No. 102475 of 2023 c/w WP NOs.102479 OF 2023, 102485 OF 2023, 102516 OF 2023 & 102492 OF 2023

IN WP NO.102479 OF 2023 BETWEEN:

M/S. UTTAM GALVA FERROUS LIMITED, UTTAM HOUSE, NO.69, P.DMELLO ROAD, MUMBAI-400009.

(REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. RAVI KUMAR SALI) (REVIEW PETITIONER IN R.P. NO. 2/2022) ...PETITIONER

(BY SRI VEERESH R. BUDIHAL, ADVOCATE)

AND:

1. SRI DEVENDRA S/O. RAMAPPA, AGED ABOUT 39 YEARS, OCC: AGRICULTURIST, R/O. VENIVEERAPURA VILLAGE, 583115, BALLARI TALUK AND DISTRICT. (CLAIMANT IN L.A.C. NO. 02/2014) (RESPONDENT NO.1 IN R.P. NO.2/2022)

2. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, OFFICE OF THE KIADB, P.B. ROAD, DAVANGERE-577006. (RESPONDENT NO.2 IN R.P. NO.2/2022)

3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, HEAD OFFICE, NO. 49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.

REPRESENTED HEREIN BY ITS SECRETARY. (RESPONDENT NO.3 IN R.P. NO.2/2022) ...RESPONDENTS

(BY SMT. ARCHANA A. MAGADUM, ADVOCATE FOR RESPONDENT NO.1) (BY SRI G.I. GACHCHINAMATH, ADVOCATE FOR RESPONDENT NO.2 AND 3)

WP No. 102475 of 2023 c/w WP NOs.102479 OF 2023, 102485 OF 2023, 102516 OF 2023 & 102492 OF 2023

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT

IN THE NATURE OF CERTIORARI OR ANY OTHER ORDER OR

DIRECTION QUASHING THE ORDER DATED 02.02.2023 PASSED

BY THE HON'BLE COURT OF THE LD. I ADDITIONAL SENIOR CIVIL

JUDGE, BALLARI, IN R.P NO. 02/2022 VIDE ANNEXURE -E TO THE

WRIT PETITION; ISSUE A WRIT IN THE NATURE OF MANDAMUS

OR ANY OTHER DIRECTION OR ORDER TO THE HON'BLE COURT

OF THE LD. I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, TO

CONSIDER THE REVIEW PETITION NO. 2/2022 FILED BY THE

PETITIONER IN ACCORDANCE WITH THE PROVISIONS OF LAW OR

IN THE ALTERNATIVE TO ALLOW THE SAID REVIEW PETITION NO.

2/2022 FILED BY THE PETITIONER WHICH WAS FILED BEFORE

THE HON'BLE COURT OF THE LD. I ADDITIONAL SENIOR CIVIL

JUDGE, BALLARI.

IN WP NO.102485 OF 2023 BETWEEN:

M/S. UTTAM GALVA FERROUS LIMITED, UTTAM HOUSE, NO.69, P.DMELLO ROAD, MUMBAI-400009.

(REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. RAVI KUMAR SALI) (REVIEW PETITIONER IN R.P. NO. 3/2022) ...PETITIONER

(BY SRI VEERESH R. BUDIHAL, ADVOCATE)

WP No. 102475 of 2023 c/w WP NOs.102479 OF 2023, 102485 OF 2023, 102516 OF 2023 & 102492 OF 2023

AND:

1. SMT. P. NEELAVATHI, W/O. P. DODDAPPA, AGED ABOUT 56 YEARS, OCC: AGRICULTURIST, R/O. KUDITHINI VILLAGE-583115, BALLARI TALUK AND DISTRICT.

(RESPONDENT NO.1 IN R.P. NO.3/2022)

2. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, OFFICE OF THE KIADB, P.B. ROAD, DAVANGERE-577006. (RESPONDENT NO.2 IN R.P. NO.3/2022)

3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, HEAD OFFICE, NO. 49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.

REPRESENTED HEREIN BY ITS SECRETARY. (RESPONDENT NO.3 IN R.P. NO.3/2022) ...RESPONDENTS

(BY SMT. ARCHANA A. MAGADUM, ADVOCATE FOR RESPONDENT NO.1) (BY SRI G.I. GACHCHINAMATH, ADVOCATE FOR RESPONDENT NO.2 AND 3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT

IN THE NATURE OF CERTIORARI OR ANY OTHER ORDER OR

DIRECTION QUASHING THE ORDER DATED 02.02.2023 PASSED

BY THE HON'BLE COURT OF THE LD. I ADDITIONAL SENIOR CIVIL

JUDGE, BALLARI, IN R.P NO. 03/2022 VIDE ANNEXURE -E TO THE

WP No. 102475 of 2023 c/w WP NOs.102479 OF 2023, 102485 OF 2023, 102516 OF 2023 & 102492 OF 2023

WRIT PETITION; ISSUE A WRIT IN THE NATURE OF MANDAMUS

OR ANY OTHER DIRECTION OR ORDER TO THE HON'BLE COURT

OF THE LD. I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, TO

CONSIDER THE REVIEW PETITION NO. 3/2022 FILED BY THE

PETITIONER IN ACCORDANCE WITH THE PROVISIONS OF LAW OR

IN THE ALTERNATIVE TO ALLOW THE SAID REVIEW PETITION NO.

3/2022 FILED BY THE PETITIONER WHICH WAS FILED BEFORE

THE HON'BLE COURT OF THE LD. I ADDITIONAL SENIOR CIVIL

JUDGE, BALLARI.

IN WP NO.102516 OF 2023 BETWEEN:

M/S. UTTAM GALVA FERROUS LIMITED, UTTAM HOUSE, NO.69, P.DMELLO ROAD, MUMBAI-400009.

(REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. RAVI KUMAR SALI) (REVIEW PETITIONER IN R.P. NO. 12/2022) ...PETITIONER

(BY SRI VEERESH R. BUDIHAL, ADVOCATE)

AND:

1. SRI M.THAGORE, S/O. LATE DODDA LINGAPPA, AGED ABOUT 35 YEARS, OCC: AGRICULTURIST, R/O. VENIVEERAPURA VILLAGE, 583115, BALLARI TALUK AND DISTRICT. (RESPONDENT NO.1 IN R.P. NO.12/2022)

WP No. 102475 of 2023 c/w WP NOs.102479 OF 2023, 102485 OF 2023, 102516 OF 2023 & 102492 OF 2023

2. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, OFFICE OF THE KIADB, P.B. ROAD, DAVANGERE-577006. (RESPONDENT NO.2 IN R.P. NO.12/2022)

3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, HEAD OFFICE, NO. 49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.

REPRESENTED HEREIN BY ITS SECRETARY. (RESPONDENT NO.3 IN R.P. NO.12/2022) ...RESPONDENTS

(BY SMT. ARCHANA A. MAGADUM, ADVOCATE FOR RESPONDENT NO.1) (BY SRI G.I. GACHCHINAMATH, ADVOCATE FOR RESPONDENT NO.2 AND 3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT

IN THE NATURE OF CERTIORARI OR ANY OTHER ORDER OR

DIRECTION QUASHING THE ORDER DATED 02.02.2023 PASSED

BY THE HON'BLE COURT OF THE LD. I ADDITIONAL SENIOR CIVIL

JUDGE, BALLARI, IN R.P NO. 012/2022 VIDE ANNEXURE -E TO

THE WRIT PETITION; ISSUE A WRIT IN THE NATURE OF

MANDAMUS OR ANY OTHER DIRECTION OR ORDER TO THE

HON'BLE COURT OF THE LD. I ADDITIONAL SENIOR CIVIL JUDGE,

BALLARI, TO CONSIDER THE REVIEW PETITION NO. 12/2022

FILED BY THE PETITIONER IN ACCORDANCE WITH THE

PROVISIONS OF LAW OR IN THE ALTERNATIVE TO ALLOW THE

WP No. 102475 of 2023 c/w WP NOs.102479 OF 2023, 102485 OF 2023, 102516 OF 2023 & 102492 OF 2023

SAID REVIEW PETITION NO. 12/2022 FILED BY THE PETITIONER

WHICH WAS FILED BEFORE THE HON'BLE COURT OF THE LD. I

ADDITIONAL SENIOR CIVIL JUDGE, BALLARI.

IN WP NO.102492 OF 2023 BETWEEN:

M/S. UTTAM GALVA FERROUS LIMITED, UTTAM HOUSE, NO.69, P.DMELLO ROAD, MUMBAI-400009.

(REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. RAVI KUMAR SALI) (REVIEW PETITIONER IN R.P. NO. 1/2022) ...PETITIONER

(BY SRI VEERESH R. BUDIHAL, ADVOCATE)

AND:

1. SMT. M. DEVAMMA, AGED ABOUT 57 YEARS, W/O. SRI RAMAPPA, OCC: AGRICULTURIST, R/O. VENIVEERAPURA VILLAGE, 583115, DIST: & TQ: BALLARI, (RESPONDENT NO.1 IN R.P. NO.1/2022)

2. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, OFFICE OF THE KIADB, DAVANGERE.

(RESPONDENT NO.2 IN R.P. NO.1/2022)

3. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, HEAD OFFICE, NO. 49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.

REPRESENTED HEREIN BY ITS SECRETARY. (RESPONDENT NO.1 IN R.P. NO.1/2022)

WP No. 102475 of 2023 c/w WP NOs.102479 OF 2023, 102485 OF 2023, 102516 OF 2023 & 102492 OF 2023

...RESPONDENTS

(BY SMT. ARCHANA A. MAGADUM, ADVOCATE FOR RESPONDENT NO.1) (BY SRI G.I. GACHCHINAMATH, ADVOCATE FOR RESPONDENT NO.2 AND 3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT

IN THE NATURE OF CERTIORARI OR ANY OTHER ORDER OR

DIRECTION QUASHING THE ORDER DATED 02.02.2023 PASSED

BY THE HON'BLE COURT OF THE LD. I ADDITIONAL SENIOR CIVIL

JUDGE, BALLARI, IN R.P NO. 01/2022 VIDE ANNEXURE -G TO THE

WRIT PETITION; ISSUE A WRIT IN THE NATURE OF MANDAMUS

OR ANY OTHER DIRECTION OR ORDER TO THE HON'BLE COURT

OF THE LD. I ADDITIONAL SENIOR CIVIL JUDGE, BALLARI, TO

CONSIDER THE REVIEW PETITION NO. 1/2022 FILED BY THE

PETITIONER IN ACCORDANCE WITH THE PROVISIONS OF LAW OR

IN THE ALTERNATIVE TO ALLOW THE SAID REVIEW PETITION NO.

1/2022 FILED BY THE PETITIONER WHICH WAS FILED BEFORE

THE HON'BLE COURT OF THE LD. I ADDITIONAL SENIOR CIVIL

JUDGE, BALLARI.

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WP No. 102475 of 2023 c/w WP NOs.102479 OF 2023, 102485 OF 2023, 102516 OF 2023 & 102492 OF 2023

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

Heard learned counsel Smt.Archana A. Magadum

who undertakes to file vakalath for respondent No.1 and

Learned counsel Sri.G.I.Gachchinamath, for respondent

Nos.2 and 3 along with learned counsel Sri.Veeresh R.

Budihal for the petitioner.

2. All these petitions pertain to same issue and hence

are taken up together with the consent of learned counsels

and disposed of by this common order.

3. These writ petitions are filed seeking to quash the

order passed by the I Additional Senior Civil Judge, Ballari

in RP Nos.5/2022, 2/2022, 3/2022, 12/2022 and RP

No.1/2022 and further sought for writ of mandamus for a

direction to the learned Civil Judge, Ballari to consider the

Review petitions filed by the petitioners in accordance to

the law.

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WP No. 102475 of 2023 c/w WP NOs.102479 OF 2023, 102485 OF 2023, 102516 OF 2023 & 102492 OF 2023

4. Government of Karnataka had acquired lands in four

villages of Ballari District i.e. in Kuditini village, Kolagallu

village, Veniveerapura village and Yarangalige village

under the provisions of Karnataka Industrial Areas

Development Act, 1966. Subsequent to acquisition of the

land by the respondent Nos.2 and 3, the Price Advisory

Committee determined the market value of the lands at

Rs.5,00,000/-, Rs.6,00,000/- and Rs.8,00,000/- per acre

respectively, depending upon the location of the lands.

More than 85% of the land losers similarly situated

voluntarily agreed to the said price and accepted the said

sum of money towards full and final settlement of their

claims. However, respondent No.1 not satisfied with the

determination of the market value made by the PAC

approached respondent No.2 who passed the general

award in accordance with the provisions of the KIAD Act,

1966 considering all the relevant evidence and complying

with the accepted principles of determination of market

value.

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WP No. 102475 of 2023 c/w WP NOs.102479 OF 2023, 102485 OF 2023, 102516 OF 2023 & 102492 OF 2023

5. By the general award, respondent No.2 fixed a sum

of Rs.1,50,000/- per acre for the lands situated in Kuditini

village, Rs.2,31,000/- for the lands situated in Kolagallu

village, Rs.1,86,000/- for land situated in Veniveerapura

village and Rs.22,000/- per acre in Yarangalige village.

6. However, respondent No.1 and other land loosers

who did not accept the determination of market value filed

reference petition before the I Addl. Senior Civil Judge,

Ballari under Section 18(1) of the Erstwhile Land

Acquisition Act, 1894. Reference Court is pleased to club

all the claim petitions and recorded common evidence and

passed a common judgment dated 05.11.2020 in LAC

No.1/2014 to LAC No.25/2014 and LAC No.1/2015 to LAC

No.9/2015. The Reference Court enhanced the

compensation by determination of market value of the

land in question by adding Rs.5,00,000/- per acre to the

compensation already decided and determined by

respondent No.2. In view of there being an error on the

face of the record, petitioners herein filed review petitions

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WP No. 102475 of 2023 c/w WP NOs.102479 OF 2023, 102485 OF 2023, 102516 OF 2023 & 102492 OF 2023

under Section 114 R/w Order 47 Rule 1 r/w Section 151

CPC on the ground that the award passed by the

Reference Court on the face of the record was erroneous.

The Review petitions came to be dismissed on the ground

that it is not maintainable. Petitioners being aggrieved by

the said dismissal of the review petitions are before this

Court for interference of the hands of this Court.

7. The issue involved in these petitions were examined

and dealt with by Co-ordinate Bench of this Court in Writ

Petition No.102606/2023 and 16 connected matters which

involves very same notification and very same purpose

was allowed by the Co-ordinate Bench of this Court,

wherein, review petitions came to be allowed and matters

were remanded back to the Reference Court for

consideration afresh. There is no dispute with regard to

these facts.

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WP No. 102475 of 2023 c/w WP NOs.102479 OF 2023, 102485 OF 2023, 102516 OF 2023 & 102492 OF 2023

8. Hence, I pass the following:

ORDER

Writ petitions are allowed.

Orders dated 02.02.2023 passed by the I

Additional Senior Civil Judge, Ballari in R.P.

Nos.5/2022, 2/2022, 3/2022, 12/2022 vide

Annexure E to the writ petitions and in RP

No.1/2022 vide Annexure G to the petition are

hereby quashed.

The review petitions filed by the petitioners

are restored to its original file.

I Additional Senior Civil Judge, Ballari is

directed to dispose of the review petitions on

merits in accordance with law after providing

reasonable opportunity to all the parties

concerned, expeditiously.

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WP No. 102475 of 2023 c/w WP NOs.102479 OF 2023, 102485 OF 2023, 102516 OF 2023 & 102492 OF 2023

All the parties are directed to appear before

the Reference Court on 15.06.2023.