The Karnataka Industrial Areas vs Shri M Munishamappa on 20 November, 2018

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Karnataka High Court

The Karnataka Industrial Areas vs Shri M Munishamappa on 20 November, 2018

Bench: Krishna S.Dixit

                            1

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 20TH DAY OF NOVEMBER, 2018

                        BEFORE

        THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
       WRIT PETITION NO.34667 OF 2017 (LA-KIADB)
BETWEEN

THE KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
NO.49, 4TH FLOOR, KHANIJA BHAVAN
EAST WING, RACE COURSE ROAD,
BANGALORE - 560 001.
REPTD., BY ITS SECRETARY
                                         ... PETITIONER
(BY SRI.P.V.CHANDRASHEKAR, ADVOCATE)

AND

1.    SRI.M.MUNISHAMAPPA
      SINCE DECEASED BY HIS LEGAL
      REPRESENTATIVES,

      A) SMT. JAYAMMA
         AGED ABOUT 78 YEARS,

      B) SRI.M.MUNIRAJU
        AGED ABOUT 58 YEARS,

      C) SRI.M.MURALIDHAR
         AGED ABOUT 53 YEARS,

      D) SRI.M.CHANDRASHEKAR
         AGED ABOUT 47 YEARS,

WIFE AND CHILDREN OF
LATE M.MUNISHAMAPPA
ALL ARE R/AT NO.87, CHOWDESHWARI
FARM, BHUVANAHALLI VILLAGE,
DEVANAHALLI TALUK,
BENGALURU - 562110
AMENDED VIDE ORDER DATED 13.08.2018
                                 2

  2. THE SPECIAL LAND ACQUISITION OFFICER,
     KIADB, BANGALORE INTERNATIONAL AIRPORT,
     NO.14/3, 2ND FLOOR,
     R.P.BUILDING,
     NRUPATUNGA ROAD,
     BANGALORE - 560 001.

PRESENTLY THE SPECIAL LAND ACQUISITION
OFFICER, KIADB, 5TH FLOOR,
KHANIJA BHAVAN,
RACE COURSE ROAD,
BANGALORE - 560 001
AMENDED VIDE ORDER DATED 13.08.2018
                                                ...RESPONDENTS

NOTE: NO RELIEF IS CLAIMED AGAINST
      THE 2ND RESPONDENT.

(BY SRI.S.KALYAN BASAVARAJ, ADV., FOR R1 (A TO D);
    SRI.H.L.PRADEEP KUMAR, ADV., FOR R2)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET
ASIDE JUDGEMENT DATED 01.08.2015, IN LAC NO.188/2006 AT
ANNEXURE-B PASSED BY THE HON'BLE SENIOR CIVIL JUDGE
AND JMFC., DEVANAHALLI AND ETC.,

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-

                          ORDER

The important question of law raised in this matter relates to maintainability of the writ petition for challenging the judgment and award made by the Reference Court under Section 18 of the Land Acquisition Act, 1894, whereby the amount of compensation payable to the land owners has been 3 enhanced without hearing the beneficiary of acquisition, who ultimately has to shell out the amount.

2. This question has been authoritatively answered by this Court in its order dated 20.11.2018 made in W.P. No. 55485/2017 c/w W.P. No. 11178/2016, whereby, the judgment and award of the Reference Court enhancing the compensation have been set at naught and the matter is remanded for consideration afresh within an outer limit of four months.

3. The essential fact matrix of this matter also being substantially similar to one in the aforesaid writ petitions, the petitioners herein being similarly circumstanced have to be meted with the same treatment by granting similar relief, there being no factors militating against this approach.

4. In the above circumstances, this writ petition succeeds in part; a Writ of Certiorari issues quashing the impugned judgment and award dated 01.08.2015 made by the learned Senior Civil Judge & JMFC, Devanahalli, in LAC No. 188/2006 vide Annexure-B; the matter is remanded for consideration afresh after hearing all the parties including the 4 petitioners herein, within an outer limit of four months. All contentions are left open.

The parties are also put on notice to appear before the Reference Court, on their own on 17.12.2018 and to seek further instructions in the proceedings.

Costs made easy.

Sd/-

JUDGE Bsv

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