Karnataka High Court
Smt Rukmani vs The State Of Karnataka on 16 September, 2016
Author: S.Abdul Nazeer
Bench: S.Abdul Nazeer
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16th DAY OF SEPTEMBER, 2016
BEFORE
THE HON'BLE MR.JUSTICE S.ABDUL NAZEER
WRIT PETITION Nos.39611-39612 OF 2016 (LA-KIADB)
BETWEEN:
1. SMT.RUKMANI
W/O.K.M.VENKATEGOWDA
AGED ABOUT 50 YEARS
RESIDING AT KALKERE VILLAGE
NARASAPURA HOBLI
KOLAR TALUK & DISTRICT.
2. SRI.VENKATESHAPPA
S/O.GATTAPPA
AGED ABOUT 50 YEARS
RESIDING AT KURUGAL VILLAGE
VEMGAL HOBLI
KOLAR TALUK.
... PETITIONERS
(BY SRI.RAGHUNATH.V., ADV.)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BANGALORE - 560 001.
2. THE PRINCIPAL SECRETARY
GOVERNMENT OF KARNATAKA
DEPARTMENT OF INDUSTRIES & COMMERCE
VIDHANA SOUDHA
BANGALORE - 560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA DEVELOPMENT
BOARD, (KIADB), NO.14/3, 1ST FLOOR
2
MAHARISHI ARAVIND BHAVAN
NRUPATHUNGA ROAD
BANGALORE - 560 001.
... RESPONDENTS
(BY SRI.R.B.SATYANARAYANA SINGH,
AGA FOR R1 & R2,
SRI.P.V.CHANDRASHEKAR, ADV., FOR R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE GENERAL AWARD DATED 30.12.2013 VIDE
KIADB:LAQ:2013-14 PASSED BY THE R-3 AT ANNEX-F TO
W.P. IN SO FAR PETITIONERS PROPERTIES IN SY.NO.42
MEASURING 2 ACRE 10 1/2 GUNTAS, KATHA NO.330,
SITAUTED AT KURGAL VILLAGE, VEMGAL HOBLI, KOLAR
TALUK AND DISTRICT.
THESE WRIT PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER
Petitioners are assailing the general award dated 30.12.2013 of the third respondent - The Special Land Acquisition Officer, Karnataka Industrial Areas Development Board (for short 'KIADB') at Annexure-F, in so far as it relates to 2 acres 10½ guntas of agricultural land in new Sy.No.42/1 (old Sy.No.42) of Kurugal Village, Vemgal Hobli, Kolar Taluk & District, on the premise that his claim for compensation ought to be by an agreement under Sub-Section (2) of Section 29 of the Karnataka 3 Industrial Areas Development Act, 1966 (for short 'KIAD Act') since willing to enter into an agreement.
2. Section 29(2) of 'KIAD Act', provides for determination of compensation by way of agreement. Therefore, petitioners are entitled to such a consideration since it is stated that by agreement, petitioners would be entitled to a better price as compensation instead of a determination by way of a general award. In addition, it is stated that there would be a finality to the acquisition proceedings and also for settlement of compensation since petitioners would be disentitled to challenge the same and to seek for higher market value/ compensation. Therefore, there is a need to interfere with the general award at Annexure-F in so far as petitioners are concerned.
3. In the circumstances, these petitions are allowed. General award at Annexure-F in so far as it relates to petitioners, is quashed. A direction shall 4 ensue to the third respondent-Special Land Acquisition Officer, KIADB, to consider the case of the petitioners for determination of compensation by way of agreement under Section 29(2) of the KIAD Act, to be complied with as expeditiously as possible within eight weeks from the date of receipt of copy of this order. It is made clear that this order is applicable if there is no dispute to title to the immovable property acquired and if there is one, then the general award in so far as petitioners are concerned will stand restored, until the dispute is resolved in favour of the petitioners. The third respondent is permitted to withdraw the award amount in relation to the aforesaid land, if deposited in the Civil Court. No costs.
Sd/-
JUDGE bnv