Karnataka High Court
Skf India Ltd vs The State Of Karnataka on 6 August, 2024
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WP No. 19255 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO.19255 OF 2024 (LA-KIADB)
BETWEEN:
1. SKF INDIA LTD.
(FORMERLY KNOWN AS SKF BEARINGS INDIA LTD.)
A COMPANY INCORPORATED UNDER COMPANIES
ACT, 1956
PLOT NO.2, HOSUR ROAD,
BOMMASANDRA INDUSTRIAL AREA,
BENGALURU-560 099
REPRESENTED BY ITS AUTHORIZED
SIGNATORY MR. RAJESH K.,
DEPUTY MANAGER.
...PETITIONER
(BY SRI MANU K., ADVOCATE)
Digitally
signed by H AND:
K HEMA
Location: 1. THE STATE OF KARNATAKA
High Court
of DEPARTMENT OF COMMERCE AND INDUSTRIES
Karnataka VIDHANA SOUDHA,
BENGALURU-560 001
REPRESENTED BY ITS SECRETARY.
2. KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD ("KIADB")
#14/3, II FLOOR, R.P. BUILDING,
NRUPATHUNGA ROAD,
BENGALURU-560 001
REPRESENTED BY ITS CHIEF EXECUTIVE
OFFICER AND EXECUTIVE MEMBER.
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WP No. 19255 of 2024
3. SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
(METRO RAIL PROJECT)
I FLOOR, R.P. BUILDING,
NRUPATHUNGA ROAD,
BENGALURU-560 001.
4. BANGALORE METRO RAIL CORPORATION LTD.,
REGD. OFFICE BMTC COMPLEX,
3RD FLOOR, K.H. ROAD,
SHANTHINAGAR, BENGALURU-560 027
REPRESENTED BY ITS MANAGING DIRECTOR.
...RESPONDENTS
(BY SRI YOGESH D. NAIK, AGA FOR R.1;
SRI H.L. PRADEEP KUMAR, ADVOCATE FOR R.2 & R.3;
SRI. N.N. HARISH, ADVOCATE FOR R.4.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN
THE NATURE OF CERTIORARI TO QUASH THE GENERAL AWARD
DATED 29.01.2019 BEARING NO.KIADB/METRO/BHUSVA/R.5-
463A/2018-19 PASSED BY THE RESPONDENT NO.3
(PRODUCED IN ANNEXURE-A) SO FAR AS IT RELATES TO THE
SCHEDULE PROPERTY, ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
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NC: 2024:KHC:31125
WP No. 19255 of 2024
ORAL ORDER
1. The case of the petitioner is that his land measuring 112 square meters in Sy.No.294/1 of Bommasandra Village, Attibele Hobli, Anekal Taluk, Bengaluru District, was acquired for the purpose of respondent no.2/Karnataka Industrial Areas Development Board. Further, respondent no.3 has passed a general award and deposited the compensation in the Reference Court. He prays that consent award be passed in respect of the said land.
2. The learned counsel appearing for the respondents submit that they have no objection to pass a consent award provided the petitioner produces all the relevant documents to show that he is the owner of the property.
3. Under similar circumstances, this Court in umpteen number of cases has permitted the land losers to claim compensation as per the consent award upon establishing the fact that they are the owners of the property. There is -4- NC: 2024:KHC:31125 WP No. 19255 of 2024 no reason why a similar order should not be passed in the instant case also.
4. Hence, the following:
ORDER
(i) The impugned general award dated 29.01.2019 at Annexure-A to the writ petition insofar as the land of the petitioner, which is the subject matter of the instant writ petition, is set aside;
(ii) The respondent/Special Land Acquisition Officer of the KIADB is directed to consider the request of the petitioner for award of compensation by way of an agreement under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 and pass necessary orders within a period of three months from the date of receipt of copy of this order;
(iii) The respondent/Special Land Acquisition Officer, KIADB, is at liberty to withdraw the amount that -5- NC: 2024:KHC:31125 WP No. 19255 of 2024 has been deposited by it pursuant to the general award before the jurisdictional Court;
(iv) It is needless to state that, in the event the petitioner failing to provide necessary documents to establish his ownership over the land concerned or if there is a dispute as to ownership, the general award would stand restored;
(v) The writ petition stands disposed of accordingly.
(vi) Pending interlocutory applications, if any, stand disposed of.
Sd/-
(M.I.ARUN) JUDGE VMB