Iqbal Ahmed vs State Of Karnataka
2023 Latest Caselaw 7213 Kant

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                                                      NC: 2023:KHC:37167-DB
                                                           WA No.234 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 11TH DAY OF OCTOBER, 2023
                                           PRESENT
                             THE HON'BLE MR. JUSTICE G.NARENDAR
                                              AND
                         THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
                           WRIT APPEAL NO.234 OF 2023 (LA-KIADB)
                   BETWEEN:

                   1.    IQBAL AHMED
                         SON OF LATE MR. M. REHMAN KHAN
                         AGED ABOUT 51 YEARS
                         RESIDING AT NO.E-9
                         1ST MAIN ROAD
                         NEW GURAPPANAPALYA
                         BENGALURU-560029.
Digitally signed
by RUPA V                                                          ...APPELLANT
Location: HIGH
COURT OF           (BY SRI. SHIRISH KRISHNA, ADV.,)
KARNATAKA
                   AND:

                   1.    STATE OF KARNATAKA
                         COMMERCE AND INDUSTRIES DEPARTMENT
                         M.S. BUILDING, BENGALURU-560001
                         REPRESENTED BY ITS PRINCIPAL SECRETARY.

                   2.    KARNATAKA INDUSTRIAL AREA
                         DEVELOPMENT BOARD
                         A STATUTORY BODY CORPORATE
                         ESTABLISHED UNDER THE KARNATAKA
                         INDUSTRIAL AREAS DEVELOPMENT ACT, 1966
                         4TH AND 5TH FLOOR, EAST WING
                         KHANIJA BHAVAN, RACE COURSE ROAD
                         BENGALURU-560001
                         REP. BY ITS CHEIF EXECUTIVE OFFICER.

                   3.    THE SPECIAL LAND ACQUISITION OFFICER
                         KARNATAKA INDUSTRIAL AREAS
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                                    NC: 2023:KHC:37167-DB
                                         WA No.234 of 2023




    DEVELOPMENT BOARD
    4TH AND 5TH FLOOR, EAST WING
    KHANIJA BHAVAN, RACE COURSE ROAD
    BANGALORE-560001.
                                                ...RESPONDENTS
(BY SRI. B.B. PTAIL, ADV., FOR R2 & R3
    SRI. S.R. KHAMROZ KHAN, AGA FOR R1)

     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO ALLOW THE INSTANT WRIT
APPEAL AND THEREBY SET ASIDE THE IMPUGNED ORDER
DATED 24/01/2023 RENDERED BY THE LEARNED SINGLE
JUDGE OF THIS HON BLE COURT IN WP NO.22842/2022, AND
CONSEQUENTLY ALLOW THE WRIT PETITION BEARING WP
NO.22842/2022 AS PRAYED FOR, AND GRANT OTHER SUCH
FURTHER RELIEFS.

    THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
G.NARENDAR J., DELIVERED THE FOLLOWING:

                          JUDGMENT

Heard the learned counsel for the appellant.

2. It is the case of the appellant that in respect of

similarly placed land losers, acquiring body / beneficiary has

been pleased to grant interest at higher rate resulting in higher

compensation to the other land losers.

3. On a query, learned counsel for the appellant would

fairly admit that it is a consent award. The terms of the

consent being the settlement between the parties, it would be

inappropriate to the Court to dictate the terms of contract.

NC: 2023:KHC:37167-DB WA No.234 of 2023

4. In that view of the matter, we are of the opinion that it

would not be appropriate to the Court to impose the terms and

conditions. Be that as it may, in view of the fact that the

appellants are also similarly situated as other land losers who

have been granted higher rate of interest, we deem it

appropriate to permit the appellant to make a representation to

the concerned authority and if such a representation is made to

the concerned / competent authority, the same shall be

considered and disposed of within four months and strictly in

accordance with law.

Accordingly, the writ appeal is disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

RV