Karnataka High Court
Sri Shamanna S/O Sonnappa vs State By on 18 April, 2013
Author: B.S.Patil
Bench: B.S.Patil
WPs.17201-17202/2013
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 18TH DAY OF APRIL, 2013
BEFORE
THE HON'BLE MR.JUSTICE B.S.PATIL
W.P.Nos.17201-17202/2013 (LA-KIADB)
BETWEEN
SRI SHAMANNA S/O SONNAPPA
AGED ABOUT 70 YEARS
R/AT SINGAHALLI VILLAGE
JALA HOBLI BANGALORE NORTH TALUK
BANGALORE DISTRICT ... PETITIONER
(By Sri. P BASAVARAJU & ASSOCIATES, ADVS.)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M S BUILDING DR AMBEDKAR ROAD,
BANGALORE 560 001
REP BY ITS SECRETARY
2. THE SPECIAL LAND ACQUISTION OFFICER
KIADB OFFICE 2 , NO 14/3,
I FLOOR MAHARSHI ARAVINDA BHAVAN CFC BUILDING,
NRUPATHUNGA ROAD
BANGALORE 560 001
3. MANAGING DIRECTOR
KARNATAKA PUBLIC LANDS CORPORATION LTD.,
2ND FLOOR AT DEPUTY COMMISSIONERS BUILDING, NEAR
CITY CIVIL COURT,
KEMPEGOWDA ROAD,
BANGALORE 560 009 ... RESPONDENTS
(By Sri H.T.NARENDRA PRASAD, AGA FOR R1,
Sri BASAVARAJ V.SABARAD, ADV. FOR R2,
Sri T.P.RAJENDRA KUMAR SUNGAY, ADV. FOR R3)
WPs.17201-17202/2013
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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
R2 TO DRAW A CONSENT AWARD AS PROVIDED U/S 29[2] OF THE
KIADB ACT IN RESPECT OF LAND SHOWN IN THE SCHEDULE
BELOW AND PAY COMPENSATION AMOUNT TO THE PETITIONER
VIDE ANNX-Q & R DATED 26.10.12 AND 14.12.12 AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Learned Additional Government Advocate takes notice for respondent No.1. Sri Basavaraj V. Sabarad, learned standing counsel for Karnataka Industrial Area Development Board (for short, 'KIADB') takes notice for respondent No.2. Sri T.P. Rajendra Kumar Sungay, learned counsel takes notice for respondent No.3.
2. The matter lies in a short compass. Therefore, though the case is listed for preliminary hearing, the same is taken up for final disposal.
3. Facts involved in the case would reveal that land measuring 2 acres 38 guntas comprised in Sy. No.6, new Sy. No.6/P13 situated at Singahalli Village, Jala Hobli, Banglaore North Taluk, has been acquired by the State Government for WPs.17201-17202/2013 3 the benefit of the KIADB by issuing a final notification dated 01.10.2012 under Section 28(4) of the Karnataka Industrial Area Development Act, 1966 (for short 'the Act'). The notification has been published in the Karnataka Gazette on 01.10.2012 as is evident from Annexure-N. Thereafter, the KIADB has issued a notice dated 26.10.2012 calling upon the petitioner to submit a consent letter for passing an award at the rate of Rs.62.00 lakhs per acre as decided by the Price Fixation Committee, along with the necessary documents within 15 days from the date of receipt of the notice. A copy of the said notice is produced at Annexure-Q. Pursuant to the notice, petitioner has submitted his consent letter agreeing to receive the market value of the acquired land at the rate of Rs.62.00 lakhs per acre and in this regard, he has submitted a representation addressed to the Special Land Acquisition Officer, KIADB, Bangalore. A copy of the same is produced at Annexure-R.
4. It is relevant to notice here that the Deputy Commissioner, Bangalore District had initiated suo motu proceedings under Section 136(3) of the Karnataka Land Revenue Act alleging that the name of the petitioner was wrongly recorded in the revenue records in respect of the land WPs.17201-17202/2013 4 in question. The Deputy Commissioner dropped the proceedings recording a finding that the entries made in favour of the petitioner could not be termed as unauthorized entry and therefore there was no case made out for interference by him under Section 136(3) of the Karnataka Land Revenue Act. This order of the Deputy Commissioner passed on 17.05.2010 was challenged by the State Government in W.P.No.29084/2011 and other connected cases. By order dated 04.11.2011, this Court has dismissed the said writ petition as is evident from the copy of the order produced at Annexure-M.
5. The grievance of the petitioner in these writ petitions is that although the petitioner is absolutely entitled for the compensation amount and has indeed given his consent to receive the amount as determined by the Price Fixation Committee at the rate of Rs.62.00 lakhs per acre, the Special Land Acquisition Officer, KIADB is not taking any steps to disburse the amount by passing a consent award. It is in this background, petitioner has approached this Court seeking a direction to the Special Land Acquisition Officer, KIADB to pass a consent award as provided under the provisions of Section 29(2) of the Act in respect of the land in question.
WPs.17201-17202/2013 5
6. In the background of the grievance made by the petitioner, I have heard the learned counsel for all the parties. It is not in dispute that the land in question has been acquired as per the final notification produced at Annexure-N. The Special Land Acquisition Officer, KIADB is required to pass an award in accordance with law and disburse the compensation amount. Petitioner claims that he is the absolute owner of the land and the dispute regarding the genuineness of revenue entries in his name in respect of the land in question has attained finality on the dismissal of the writ petition filed by the State Government. If that is so, petitioner's representation is required to be considered in accordance with law and the Special Land Acquisition Officer, KIADB is under a legal obligation to pass an award keeping in mind the treatment given to the similarly placed persons who have been paid compensation for the acquired lands. It is for the petitioner to satisfy and produce necessary documents before the Special Land Acquisition Officer, KIADB establishing his prima facie title over the property, whereupon the Special Land Acquisition Officer, KIADB will have to pass an award and disburse the compensation.
WPs.17201-17202/2013 6
7. It is needless to observe that if respondents 1 and 3 have any legally sustainable claim in the matter, they have to place such material before the Special Land Acquisition Officer, KIADB, whereupon the Special Land Acquisition Officer, KIADB will take note of the same at the time of passing the award. The Special Land Acquisition Officer, KIADB is directed to pass necessary award in accordance with law within a period of three months from the date of receipt of a copy of this order.
Learned Additional Government Advocate is permitted to file memo of appearance for respondent No.1, Sri. Basavaraj V. Sabarad, learned counsel is permitted to file Vakalath for respondent No.2 and Sri.Rajendra Kumar Sungay, learned counsel is permitted to file vakalath for respondent No.3, within three weeks.
Sd/-
JUDGE PKS