Smt Puttanarasamma vs The State Of Karnataka on 26 September, 2019

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Karnataka High Court

Smt Puttanarasamma vs The State Of Karnataka on 26 September, 2019

Bench: P.B. Bajanthri

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 26TH DAY OF SEPTEMBER, 2019

                        BEFORE

      THE HON'BLE MR.JUSTICE P.B. BAJANTHRI

      W.P. Nos.45288 & 47791/2019 (LA - KIADB)

BETWEEN:

1.     Smt.Puttanarasamma
       w/o late Giriyappa
       Aged about 74 years.

2.     Smt.Sakamma
       w/o late Giriyappa
       Aged about 68 years.

3.     Sri Manjunath
       s/o late Giriyappa
       Aged about 45 years.

Petitioner No.1 to 3
r/a Thippedasarahalli village
Kora Hobli, Tumkur Taluk -
571202.

4.     Smt.Venkatamma
       d/o Giriyappa
       aged about 52 years.

5.     Smt.Yashodamma
       d/o late Giriyappa
       Aged about 42 years.

6.     Sri Ranganath K G
       s/o late Giriyappa
       aged about 38 years.
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7.     Sri Ananda K G
       s/o late Giriyappa
       aged about 35 years.

Petitioner No.4 to 7 are
r/a Kuntegowdanahalli village
Yaladabagi Post, Kallambella
Hobli, Sira Taluk, Tumkur
Dist. - 572137.                           ... Petitioners

(By Sri Mahesh D, Advocate)


AND:
1.     The State of Karnataka
       By its Secretary
       Department of Commerce and
       Industries, Vidhana Soudha
       Bengaluru-01.
2.     The Karnataka Industrial
       Area Development Board
       By its Chief Executive Officer &
       Executive Member, Khanija
       Bhavan, 4th & 5th Floor
       Race Course Road
       Bangalore - 01.

3.     The Special Land Acquisition
       Officer NIMZ, Karnataka Industrial
       Areas Development Board, 1st Floor
       Maruthi Tower, Near SIT Main Gate
       Tumkur - 572103.                 .. Respondents

(By Sri E S Indiresh, AGA for R1
    Sri P V Chandrashekar, Advocate for R2 & R3)

     These writ petitions are filed under Articles 226
and 227 of Constitution of India praying to quash the
general award dated 20.12.2013 passed by the R3 in
respect of Sy.No.18/2 measuring 0-08.1/2 and
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Sy.No.18/4 measuring 0-13.08 guntas situated at
Thippedasarahalli village, Kora Hobli, Rumkur Taluk,
Tumkur District of petitioners are concerned which is
produced at Annexure-C and etc.

     These petitions are coming on for preliminary
hearing this day, the Court made the following:-

                            ORDER

Learned Additional Government Advocate accepts notice for respondent No.1.

2. Sri P V Chandrashekar, learned counsel accepts notice for respondents No.2 and 3.

3. Learned counsel for the petitioners submitted that in identical matter, this Court in WP Nos.11313 and 11314/2018 (DD 19.3.2018) allowed the writ petitions. Learned counsel for the respondents have no objection. In view of the fact that the present petitions are identical to that of the above writ petitions.

4. The present writ petitions stand allowed in terms of the order passed in WP Nos.11313 and 11314/2018 (DD 19.3.2018). The General award dated 20.12.2013 stands quashed insofar as the 4 compensation awarded in relation to the properties bearing Sy.No.18/2 measuring 0-08½ and Sy.No.18/4 measuring 0-13.08 guntas situated at Thippedasarahalli village, Kora Hobli, Tumkur Taluk, Tumkur District. A direction is issued to the respondent No.3 to consider the case of the petitioners for award of compensation in terms of Section 29(2) of the KIADB Act. The said exercise shall be completed in a expeditious manner.

Respondent No.3 is permitted to withdraw the compensation, if already deposited, in the Civil Court.

Sd/-

JUDGE Bkm

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