Karnataka High Court
Sri.Thyagaraju N vs The State Of Karnataka on 8 June, 2022
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 3740 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 3740 OF 2022 (LA-KIADB)
BETWEEN:
SRI. THYAGARAJU. N
S/O NANGARAJAPPA
R/O SOREKUNTE VILLAGE
BELLAVI HOBLI-572107
TUMAKURU TALUK AND DISTRICT
...PETITIONER
(BY SRI. V.B. SIDDARAMAIAH, ADVOCATE-PH)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF INDUSTRIES AND COMMERCE
GROUND FLOOR, VIKASA SOUDHA
BANGALORE-560001
REP. BY ITS PRINCIPAL SECRETARY
TO THE GOVERNMENT
2. KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
NO.45, 4TH AND 5TH FLOORS
Digitally signed
by POORNIMA KHANIJA BHAVANA, RACE COURSE ROAD
SHIVANNA
Location: HIGH
BENGALURU-560001
COURT OF
KARNATAKA
REP BY ITS CHIEF EXECUTIVE OFFICER
3. THE SPECIAL LAO, KIADB
NIMZ, N.H.206
NEAR SIT MAIN GATE
BATAWADI, TUMKUR-572103
...RESPONDENTS
(BY SRI.K.R. NITHYANANDA, AGA FOR R1;
SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 & R3-PH)
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WP No. 3740 of 2022
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OF WRIT OF
CERTIORARI OR ANY OTHER WRIT TO QUASH THE GENERAL AWARD
DATED 26.07.2019 BEARING NO.BOO.SWA.AA/KIADB/TU:2019-20
PASSED BY THE 3RD RESPONDENT, THE SPECIAL LAO, NIMZ, KIADB,
MARUTHI TOWERS, 1ST FLOOR, NEAR SIT COLLEGE MAIN DOOR, B.H
ROAD, TUMKUR, VIDE ANNEXURE-B WITH RESPECT TO LAND OF THE
PETITIONER IN SY.NO.29/2 (29 AS PER AWARD NOTICE) OF
SOREKUNTE VILLAGE, BELLAVI HOBLI, TUMAKURU TALUK,
MEASURING 2 ACRE 20 GUNTAS AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following reliefs:
a. Issue of writ of Certiorari or any other writ to quash the general award dated 26.07.2019 bearing No.Boo.Swa.Aa/KIADB/Tu:2019-20 passed by the 3rd respondent, the Special LAO, NIMZ, KIADB, Maruthi Towers, 1st floor, near SIT College Main Door, B.H Road, Tumkur, vide Annexure-B with respect to land of the petitioner in Sy.No.29/2 (29 as per award notice) of Sorekunte Village, Bellavi Hobli, Tumakuru Taluk, measuring 2 acre 20 guntas.
b. Issue a Writ of Certiorari or any other writ to quash the award notice dated 01.10.2019, bearing No.Boo.Swa.Aa/KIADB/Tu/Comp No.3467/674/2019- 20 issued by the 3rd respondent, the Special LAO, NIMZ, KIADB, Maruthi Towers, 1st floor, near SIT College Main Door, B.H road, Tumkur, vide Annexure-B1 with respect to land of the petitioner in Sy.No.29/2 (29 as per award notice), of Sorekunte Village, Bellavi Hobli, Tumakuru Taluk, measuring 2 acre 20 guntas.-3- WP No. 3740 of 2022
c. Issue a Writ of Mandamus or any other writ or order or orders to direct the 3rd Respondent to pass fresh award by considering the rate of Rs.30 lakhs per acre compensation, as decided by the Karnataka Industrial Area Development Board, in its meeting No.333, on 11.03.2015 vide Annexure-A dated 7.4.15 No.«¨sÀƸÁé (NIMZ)PÀtJr©/vÀÄ/166/2015-16 with statutory benefits to land of the petitioner in Sy.No.29/2 (29 as per award notice), Sorekunte Village, Bellavi Hobli, Tumakuru Taluk.
d. Issue any other Writ or Order or Orders as this Hon'ble Court be deems fit it necessary under the facts and circumstances of the case in the interest of justice and equity.
2. The petitioner claims to be the owner of land bearing Sy.No.29/2 of Sorekunte Village, Bellavi Hobli, Tumakuru Taluk, which came to be acquired under a Final Notification dated 30.10.2014. A general award came to be passed in relation to the above acquisition on 26.07.2019 taking into consideration that there is a dispute pending as regards title of the property in O.S.No.83/2014 before the Senior Civil Judge & JMFC., Tumakuru.
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3. The petitioner is before this Court contending that the subsequent to the said general award, a compromise petition was filed on 08.09.2021 in the said suit, which came to be accepted before the Lok- adalath and the subject property has fallen to the share of the petitioner and as such, Sri.V.B.Siddaramaiah, learned counsel for the petitioner submits that there is no impediment for the respondents to now consider the claim of the petitioner in terms of Section 29(2) of the Karnataka Industrial Area Development Act, 1961.
4. A perusal of Annexure-C which is a compromise petition and on perusal of Annexure-D, which is the order passed by the said Court indicates that the said compromise petition has been accepted and decree is ordered to be drawn in terms thereof.
5. In view thereof, I pass the following: -5- WP No. 3740 of 2022
ORDER i. A certiorari is issued. The general award dated 26.07.2019 passed by respondent No.3 at Annexure-B in respect of Sy.No.29/2 of Sorekunte Village, Bellavi Hobli, Tumakuru Taluk is hereby quashed. Consequently, award notice dated 01.10.2019 at Annexure-B1 also stand quashed.
ii. A mandamus is issued directing the respondent No.3 to consider the request of the petitioner in terms of Section 29(2) of Karnataka Industrial Area Development Act, 1961.
iii. In the event of any dispute being raised as regards the claim of the petitioner prior to the disbursal of the compensation amount agreed with general award above would come back into force.
-6-WP No. 3740 of 2022 iv. Respondent No.3 is permitted to withdraw the amount in deposit before the Civil Court for onward disbursal to the petitioner on compliance of Section 29(2) of the Karnataka Industrial Area Development Act, 1961.
Sd/-
JUDGE Prs*