Smt N Vijaya vs The State Of Karnataka
2024 Latest Caselaw 25002 Kant

Citation : 2024 Latest Caselaw 25002 Kant
Judgement Date : 21 October, 2024

Karnataka High Court

Smt N Vijaya vs The State Of Karnataka on 21 October, 2024

                                                  -1-
                                                              NC: 2024:KHC:41993
                                                           WP NO.27942 OF 2024




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 21ST DAY OF OCTOBER, 2024

                                                BEFORE
                               THE HON'BLE MR. JUSTICE E.S.INDIRESH
                            WRIT PETITION NO.27942 OF 2024 (LA-KIADB)
                      BETWEEN:

                      SMT. N. VIJAYA
                      W/O LATE R. VENKATASWAMY
                      AGED ABOUT 57 YEARS,
                      R/AT NO.33, 2ND CROSS,
                      3RD MAIN ROAD, RANGANATHAPURA,
                      KAMAKSHIPALYA,
                      BENGALURU - 560 079.
                                                                   ...PETITIONER
                      (BY SRI. RAGHAVENDRA S.V., FOR
                       SRI. SRIHARI A.V., ADVOCATE)

                      AND:

                      1.    THE STATE OF KARNATAKA
                            DEPARTMENT OF COMMERCE AND INDUSTRIES,
                            VIKASA SOUDHA,
Digitally signed by         BENGALURU - 560 001.
SHARMA ANAND
CHAYA                       REPRESENTED BY ITS SECRETARY.
Location: High
Court of Karnataka
                      2.    THE KARNATAKA INDUSTRIAL
                            AREA DEVELOPMENT BOARD,
                            EAST WING, KHANIJA BHAVAN,
                            BENGALURU - 560 001.
                            REP. BY ITS CHIEF EXECUTIVE OFFICER
                            AND EXECUTIVE MEMBER.

                      3.    THE SPECIAL LAND ACQUISITION OFFICER
                            THE KARNATAKA INDUSTRIAL
                            AREA DEVELOPMENT BOARD,
                            NO.39, 4TH FLOOR, SHANTHI GRUHA,
                                 -2-
                                                NC: 2024:KHC:41993
                                          WP NO.27942 OF 2024




     BHARATH SCOUTS AND GUIDES BUILDING,
     PALACE ROAD,
     BENGALURU - 560 001.
                                       ...RESPONDENTS
(BY SMT. RASHMI M. RAO, HCGP FOR R1;
SRI. VASANTH, ADVOCATE FOR R2 AND R3)

        THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE GENERAL AWARD BEARING NO. KIADB:LAND IN
QUESTION:1242:2023-24         DATED      26TH     OCTOBER,   2023
PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-A AND
ETC.,

        THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM:      HON'BLE MR. JUSTICE E.S. INDIRESH


                          ORAL ORDER

Smt. Rashmi M. Rao, learned High Court Government

Pleader accepts notice for respondent No.1; and Sri. Vasanth,

learned counsel accepts notice for respondents 2 and 3.

2. The petitioner herein claims to be the owner of land

bearing Survey No.85/P18 measuring to an extent of 1 acre 20

guntas of Mindahalli Village, Malur Taluk, Kasaba Hobli, Kolar

District. It is stated in the writ petition that the respondent-

Authorities have issued Preliminary Notification dated 13th

NC: 2024:KHC:41993 WP NO.27942 OF 2024

March, 2012 under Section 28(1) of the Karnataka Industrial

Areas Development Act, notifying the land belonging to the

petitioner along with other lands for acquisition for the purpose

of formation an Industrial Area and thereafter, Final Notification

dated 28th July, 2020 came to be issued by the respondent-

Authorities under Section 28(4) of the Karnataka Industrial

Areas Development Act.

3. It is the grievance of the petitioner that, though the

respondent-Authorities have issued Final Notification on 28th

July, 2020, however the same has been issued after a lapse of

eight years from the date of issuance of preliminary notification

and thereafter, the respondent No.3, issued General Award

dated 26th October, 2023 (Annexure-A). Therefore, it is the

case of the petitioner that the respondent No.3 has passed the

General Award without giving an opportunity to receive

compensation by agreement under Section 29(2) of the

Karnataka Industrial Areas Development Act. Hence, the

petitioner has filed this writ petition seeking leave of the Court

to quash the General Award dated 26th October, 2023

(Annexure-A).

NC: 2024:KHC:41993 WP NO.27942 OF 2024

4. Heard Sri. Raghavendra S.V., learned counsel on

behalf of Sri. Srihari A.V., appearing for the petitioner; Smt.

Rashmi M. Rao, learned High Court Government Pleader

appearing for the respondent No.1; and Sri. Vasanth, learned

counsel appearing for respondents 2 and 3.

5. Having taken note of the submission made by the

learned counsel appearing for the parties, I have perused the

judgment rendered by Co-ordinate Bench of this Court in the

case of VENKATESHAPPA vs. STATE OF KARNATAKA AND

OTHERS in Writ Petition No.12399 of 2021 decided on 12th

July, 2021 (Annexure-D), wherein, the General Award

impugned in the said case was set-aside. On perusal of the

said judgment, I am of the view that the facts and

circumstances of the present case are squarely covered by the

aforesaid decision and this petition deserves to be disposed of

in the same terms. Hence, I pass the following:

ORDER

1) Writ Petition allowed;

2) The impugned General Award dated 26th October, 2023 (Annexure-A) passed by the respondent No.3-Special Land Acquisition

NC: 2024:KHC:41993 WP NO.27942 OF 2024

Officer in respect of the subject land belonging to the petitioner is hereby quashed;

3) Respondent No.3-Special Land Acquisition Officer is directed to consider the claim of the petitioner under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 and pass award, within a period of four months from the date of receipt of this order;

4) It is made clear that, in the event, if any dispute arise with regard to entitlement and apportionment of the award amount, the General award dated 26th October, 2023 (Annexure-A), which has been quashed by this Court would revive;