Karnataka High Court
The Managing Director vs Sri Chowdaiah on 4 February, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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NC: 2025:KHC:5011
RP No. 483 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
REVIEW PETITION NO.483 OF 2024
BETWEEN:
1. THE MANAGING DIRECTOR
KARNATAKA INDUSTRIAL AREA DEVELOPMENT
BOARD (KIADB),
NO.39, IV FLOOR, SHANTI GRUHA BHARATI SCOUTS
AND GUIDE BUILDING, PALACE ROAD,
BENGALURU - 560001.
Digitally
signed by
MALLIKARJUN
MALLIKARJUN RUDRAYYA
RUDRAYYA
KALMATH
KALMATH
THERE IS NO DESIGNATION AS MANAGER DIRECTOR
Date:
2025.02.06
14:17:32
+0530 IN KIADB, THE KIADB IS REPRESENTED BY ITS CEO
AND EM. 4TH FLOOR, KHANIJA BHAVAN,
RACE COURSE ROAD, BANGALURU-560001.
2. THE SPECIAL LAND ACQUISITION OFFICER I
NO.39, IV FLOOR, SHANTI GRUHA
BHARATI SCOUTS AND GUIDE BUILDING,
PALACE ROAD, BENGALURU-560001.
... PETITIONERS
(BY SRI H.L. PRADEEP KUMAR, ADVOCATE)
AND:
1. SRI CHOWDAIAH
S/O. LATE SRI DODDAIAH
AGED ABOUT 80 YEARS,
R/O. KEPAIAHANA DODDI,
CHEELUR DAKSHALE MARALAVADI HOBLI,
KANAKPURA TALUK, RAMANAGAR-562117.
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NC: 2025:KHC:5011
RP No. 483 of 2024
2. SRI KEMPAIAH SINCE DECEASED BY HIS LRS
SRI. PUTTARAJU
S/O. LATE SRI KEMPAIAH,
AGED ABOUT 61 YEARS,
R/O. ANAMANAHALLI KASABA HOBLI,
KANAKAPURA TALUK, RAMANAGARA-562117.
3. THE SECRETARY
DEPARTMENT OF REVENUE,
GOVT OF KARNATAKA, M.S.BUILDING,
BENGALURU-560001.
4. SRI K.M.BASAVARAJU
S/O. LATE SRI MADEGOWDA,
AGED ABOUT 55 YEARS,
R/O. KUNTIKAL DODDI, KASABA HOBLI,
KANAKAPUR TALUK, RAMANAGAR-562117.
... RESPONDENTS
(BY SRI R. SRINIVASAGOWDA, ADVOCATE FOR R1, R2 & R4;
SRI MILIND DANGE, AGA FOR R3)
THIS PETITION IS FILED UNDER ORDER XLVII RULE 1
READ WITH SECTION 114 OF C.P.C PRAYING THAT THIS
HONBLE COURT BE PLEASED TO REVIEW AND RECALL THE
JUDGMENT AND ORDER DATED 08.12.2023 PASSED IN W.P.
NO.4934/2022 (ANNEXURE-A) IN SO FAR AS IT RELATES TO
THE DIRECTION TO THE KIADB TO PAY COMPENSATION IN
TERMS O COMPROMISE PETITION AND BE FURTHER PLEASED
TO PASS SUCH OTHER ORDER AS IT DEEMS FIT IN THE FACTS
AND CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI
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NC: 2025:KHC:5011
RP No. 483 of 2024
ORAL ORDER
This petition is filed for review/recall of order dated
08.12.2023 passed by this Court in W.P.no.4934/2022, insofar
as it relates to direction to KIADB to pay compensation in terms
of Compromise petition.
2. Sri HL Pradeep Kumar, learned counsel for review
petitioners submitted in said writ petition, petitioners had
sought for quashing of General Award dated 05.07.2021 insofar
as Sy.no.481 measuring 2 Acres 12 guntas of Cheelur village
and for directing KIADB to disburse compensation as per
Consent Award taking note of Compromise between petitioner
and respondent no.4 in writ petition.
3. It was submitted, net amount payable under
General Award was more than amount payable under Consent
Award and therefore even respondent no.4 was seeking for
payment of said compensation. In view of above, since intent of
writ petition was to avail higher compensation between Consent
Award and General Award, whereas it now appears amount
payable under General Award itself was higher, seeks for recall
of judgment.
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4. Sri R. Srinivasa Gowda, learned counsel submitted
that he has filed vakalath for other private respondents also
and submits that he has no objections for allowing review
petition and prays for direction to KIADB to disburse
compensation amount as early as possible and as petitioners
are aged. He further submits that writ petition may be disposed
of accordingly.
5. In reply, learned counsel for review petitioners,
graciously submitted that KIADB would disburse compensation
amount of Rs.1,64,85,122/- under General Award and same
would be released forthwith.
6. Sri Milind Dange, learned AGA submitted that
Contempt Petition no.1048/2024 was pending and in case
review petition is allowed, contempt petition would not survive.
7. In view of above, since respondents - original writ
petitioners concede for allowing review petition, without any
more, Review Petition is allowed, order dated 08.12.2023 is
recalled.
8. Writ petition is disposed of by directing respondents
no.1 and 2 to consider claim of petitioners for payment of
NC: 2025:KHC:5011
compensation under General Award by taking note of sharing
agreement between petitioners and respondent no.4, in terms
of compromise petition filed before Court on 08.12.2023 as
early as possible, and in accordance with law.
SD/-
(RAVI V HOSMANI)
JUDGE
GRD
CT:PA
