Sri. Chinnagiriyappa vs The State Of Karnataka on 4 September, 2019

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Karnataka High Court

Sri. Chinnagiriyappa vs The State Of Karnataka on 4 September, 2019

Bench: P.B.Bajanthri

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 4TH DAY OF SEPTEMBER, 2019

                         BEFORE:

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

 WRIT PETITION Nos.31954 - 31955/2019 (LA - KIADB)

BETWEEN:
1.     SRI CHINNAGIRIYAPPA
       S/O LATE VENKATAPPA
       AGED ABOUT 63 YEARS

2.     SRI GIRISH T.V.
       S/O LATE VENKATAPPA
       AGED ABOUT 48 YEARS,

3.     SRI THIRUMALESHA T.V.,
       S/O LATE VENKATAPPA
       AGED ABOUT 38 YEARS

       ALL ARE THIPPEDASARAHALLI VILLAGE,
       KORA HOBLI,
       TUMKUR TALUK-572128                ...PETITIONERS

              (BY SRI NIJALINGAPPA.M.E., ADV.)

AND:
1.     THE STATE OF KARNATAKA
       BY ITS SECRETARY
       DEPARTMENT OF COMMERCE
       AND INDUSTRIES, VIDHANA SOUDHA,
       BANGALORE-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
                                -2-


3.    THE SPECIAL LAND ACQUISITION OFFICER NIMZ
      KARNATAKA INDUSTRIAL AREA
      DEVELOPMENT BOARD, I FLOOR,
      MARUTHI TOWER, NEAR SIT MAIN GATE
      TUMKUR-572103                     ...RESPONDENTS

             (BY SRI E.S.INDIRESH, AGA FOR R-1;
       SRI P.V.CHANDRASHEKAR, ADV. FOR R-2 & R-3.)

     THESE WRIT PETITION ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE GENERAL AWARD DTD:20.12.20163 PASSED BY R-3 IN
RESPECT OF SY NO.16/8 MEASURING 1 ACRE 10 GUNTAS,
LAND BEARING SYNO.16/17 MEASURING 0-22 GUNTAS, ALL
ARE SITUATED AT THIPPEDASARAHALLI VILLAGE, KORA
HOBLI, TUMKUR TALUK, TUMKUR DISTRICT OF PETITIONERS
ARE CONCERNED WHCIH IS PRODCUED AT ANNEXURE-C.

     THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-

                            ORDER

Learned counsel for the parties have no objection to dispose of the present petitions in terms of Annexure-E- order dated 06.09.2016 passed in W.P.Nos.22311-22316/2016.

2. Paragraphs 4 and 5 of the aforesaid order read as under:

"4. In an identical case in W.P.No.6198/2015 disposed of on 25.8.2015 (between SMT.NINGAMMA VS. THE STATE OF KARNATAKA AND OTHERS), this Court -3- has set aside the general award and permitted the parties to receive the compensation under Section 29(2) of the KIAD Act. It has been held as under:

"Petitioner is assailing the General Award dated 30th December 2013, Annexure-A, of the 3rd respondent- Karnataka Industrial Area Development Board (for short 'KIADB') insofar as it relates to 1 acre 39 guntas in Sy.No.444 of Cheeluru village, Maralavadi Hobli, Kanakapura Taluk, Ramanagara District, on the premise that her claim for determination of compensation ought to be by way of an agreement under Sub-section (2) of Section 29 of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act') since willing to the enter into an agreement after having obtained a compromise decree dated 6.12.2014 in O.S.126/2013 whereunder the property in question is declared to be the absolute property of the petitioner.

2. Sub-section (2) of Section 29 of the 'KIAD Act' provides for determination of compensation by an agreement and in the light of the compromise decree whereunder, the property in question has fallen to the exclusive share of the petitioner, is entitled to such a consideration, since it is stated that by such an agreement, petitioner would be entitled to a better price as compensation instead of determination under a general award, -4- while acquisition proceeding would attain a finality disentitling petitioner to challenge the same in this petition. In the circumstances, there is a need to interfere with General Award Annexure- A insofar as it relates to petitioner's land.

3. In the result, this petition is allowed. General Award Annexure-A insofar as it relates to petitioner is concerned is quashed. A direction shall ensue to respondent-KIADB to consider the case of the petitioner for determination of compensation by way of an agreement under Section 29(2) of the 'KIAD Act' to be complied with as expeditiously as possible within an outer limit of 31st October 2015. It is made clear that this order is applicable only if there is any dispute to title in the immovable property acquired and if there is one, the General Award in respect of petitioner is concerned shall stand restored until the dispute is resolved."

5. For the reasons stated in the aforesaid order, the general award at Annexure 'C' dated 20.12.2013 in respect of the aforesaid survey numbers is hereby quashed. The 3rd respondent is directed to consider the case of the petitioners for determination of compensation in terms of Section 29(2) of KIAD Act. Compliance within eight weeks from the date of receipt of a copy of this order. Respondent No.3 is permitted to withdraw the amount in deposit in the -5- Civil Court. Writ petitions are disposed of accordingly. No costs."

3. The dates and events are identical in respect of the General Award. Thus, the notification dated 20.12.2013 [Annexure-C] in respect of Sy.No.16/8 measuring 1 acre 10 guntas, Sy.No.No.16/17 measuring 0-22 guntas situated at Thippedasarahalli village, Kora Hobli, Tumkur Taluk and District is set aside. Consequently, the respondents are directed to consider the petitioners' grievance in terms of Section 29[2] of the KIAD Act within a period of eight weeks from the date of receipt of copy of this Court. Respondent No.3 is permitted to withdraw the amount in deposit in the Civil Court.

Writ petitions stand disposed of accordingly. No costs.

Sd/-

JUDGE NC.

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