Karnataka High Court
Smt N Saveetha vs The State Of Karnataka on 25 July, 2024
-1-
NC: 2024:KHC:29696
WP No. 19778 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 19778 OF 2024 (LA-KIADB)
BETWEEN:
SMT. N. SAVEETHA,
W/O LATE. VENKATASWAMY K,
AGED ABOUT 49 YEARS,
R/AT. NO. 49,
SADAHALLI VILLAGE,
KASABA HOBLI, DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT-562 110.
...PETITIONER
(BY SRI. SHARAN N. MAJAGE., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF COMMERCE
AND INDUSTRIES, VIDHANA SOUDHA,
BANGALORE-560 001.
Digitally
signed by H 2. KARNATAKA INDUSTRIAL AREAS
K HEMA DEVELOPMENT BOARD,
Location: REP. BY ITS CHIEF EXECUTIVE
High Court OFFICER AND EXECUTIVE MEMBER,
of Karnataka
KHANIJA BHAVANA, RACE COURSE ROAD,
BENGALURU-560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER-2,
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
NO 14/3, 1ST FLOOR,
CFC BUILDING,
MAHARSHI ARAVINDA BHAVAN,
NRUPATUNGA ROAD,
BANGALORE - 560 001.
...RESPONDENTS
-2-
NC: 2024:KHC:29696
WP No. 19778 of 2024
(BY SMT. AZRA J. DUNDGE., AGA FOR R1,
SRI. H.L. PRADEEP KUMAR., ADVOCATE FOR R2 AND R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD
BEARING NO. BENGALURU /SLAO-2/AP-3RD STAGE/2013-14 DTD.
10.07.2013 PASSED BY THE R-3 IN RESPECT OF LAND IN SY.NO.
23/2 MEASURING 1 ACRE 06 GUNTAS OF LAND SITUATED AT
OBADENAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPUR TALUK,
BANGALORE RURAL DISTRICT, IN SO FAR AS THE PETITIONER IS
CONCERNED, WHICH IS PRODUCED AS IRRELEVANT PORTION
ANNX-D AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
1. The case of the petitioner is that her land measuring 1 acre 6 guntas in Survey No.23/2 of Obadenahalli Village, Kasaba Hobli, Doddaballapura Taluk, Bengaluru Rural District, was acquired by respondent No.2-Karnataka Industrial Areas Development Board for the purpose of formation of an industrial area. However, respondent No.3 has passed a general award and deposited the compensation in the Reference Court. The petitioner prays that consent award be passed in respect of the said land.
-3-
NC: 2024:KHC:29696 WP No. 19778 of 2024
2. The learned counsel appearing for the respondents submit that they have no objection to pass a consent award provided the petitioner produces all the relevant documents to show that she is the owner of the property.
3. Under similar circumstances, this Court in umpteen number of cases has permitted the land losers to claim compensation as per the consent award upon establishing the fact that they are the owners of the property. There is no reason why a similar order should not be passed in the instant case also.
4. Hence, the following:
ORDER
(i) The writ petition is allowed;
(ii) The impugned general award dated 10.07.2013 at Annexure-D to the writ petition insofar as the land of the petitioner, which is the subject matter of the instant writ petition, is set aside;
(iii) The respondent/Special Land Acquisition Officer of the KIADB is directed to consider the -4- NC: 2024:KHC:29696 WP No. 19778 of 2024 request of the petitioner for award of compensation by way of an agreement under Section 29(2) of the KIAD Act and pass necessary orders within a period of three months from the date of receipt of copy of this order;
(iv) The respondent/Special Land Acquisition Officer, KIADB, is at liberty to withdraw the amount that has been deposited by it pursuant to the general award before the jurisdictional Court;
(v) It is needless to state that, in the event the petitioner failing to provide necessary documents to establish their ownership over the land concerned, the general award would stand restored.
SD/-
(M.I.ARUN) JUDGE bk/ List No.: 1 Sl No.: 14