Karnataka High Court
Karnataka State Financial Corporation vs R. Ananth Kumar on 31 August, 2023
Author: R Devdas
Bench: R Devdas
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NC: 2023:KHC:31215
WP No. 36114 of 2019
C/W WP No. 35250 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 36114 OF 2019 (LA-RES)
C/W
WRIT PETITION NO. 35250 OF 2019 (LA-RES)
IN WP NO. 36114/2019
BETWEEN:
KARNATAKA STATE FINANCIAL CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR,
HAVING HEAD OFFICE AT NO.1/1,
THIMMIAH ROAD, BANGALORE - 560 052.
...PETITIONER
(BY SRI. BIPIN HEGDE, ADVOCATE)
AND:
Digitally signed by
JUANITA 1. R. ANANTH KUMAR,
THEJESWINI
Location: HIGH S/O D.H. RATNAIAH SHETTY,
COURT OF
KARNATAKA MARUTHINILAYA,
VALABHABHAI PATEL ROAD,
HIRIYUR - 577 598.
2. NATIONAL HIGHWAYS AUTHORITY OF INDIA,
REPRESENTED BY DGMT & PROJECT DIRECTOR,
CHITRADURGA, NHAI, PIU, P.B.ROAD,
CHITRADURGA - 577 501.
3. M/S. HIRIYUR TEXTILES PVT. LIMITED,
NO.204/1-B/2-B, NEAR METIKURKE VILLAGE,
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NC: 2023:KHC:31215
WP No. 36114 of 2019
C/W WP No. 35250 of 2019
IMANGALA HOBLI, N.H.4, HIRIYUR - 572 143,
CHITRADURGA DISTRICT,
REPRESENTED BY ITS DIRECTOR,
...RESPONDENTS
(BY SRI. P.H. VIRUPAKSHAIAH, ADVOCATE FOR R1;
SRI. G. HANUMANTHA REDDY, ADVOCATE FOR R2;
R3 SERVED - UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2
TO PAY THE ENHANCED COMPENSATION AMOUNT AT THE
RATE OF RS.310/- PER SQ.FT. IN RESPECT OF THE ACQUIRED
LAND IN RESPECT OF SY.NO.204/1B MEASURING 28314 SQ.FT.
SITUATED AT METIKURKI VILLAGE, HIRIYUR TALUK IN FAVOUR
OF THIS PETITIONER AND ETC.,
IN WP NO. 35250/2019
BETWEEN:
KARNATAKA STATE INDUSTRIAL AND
INFRASTRUCTURE DEVELOPMENT
CORPORATION LIMITED,
KHANIJA BHAVAN, 4TH FLOOR,
EAST WING, RACE COURSE ROAD,
BANGALORE - 560 001
REPRESENTED BY ITS
DEPUTY GENERAL MANAGER.
...PETITIONER
(BY SRI. T.P. VIVEKANANDA, ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER,
NATIONAL HIGHWAY AUTHORITY OF INDIA,
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WP No. 36114 of 2019
C/W WP No. 35250 of 2019
NEAR CHAMUNDESHWARI TEMPLE,
K. S. R. T. C. DEPOT ROAD,
CHITRADURGA - 577 501.
2. KARNATAKA STATE FINANCIAL CORPORATION,
KSFC BHAVAN, NO.1/1, THIMMAIAH ROAD,
NEAR CANTONMENT RAILWAY STATION,
BANGALORE - 560 052,
REPRESENTED BU ITS MANAGING DIRECTOR.
3. M/S. HIRIYUR TEXTILES PRIVATE LTD.,
HIRIYUR, CHITRADURGA - 572 143,
REPRESENTED BY ITS PARTNER.
4. ANANTH KUMAR ,
AGED ABOUT 61 YEARS,
S/O H. RATHNAIAH SHETTY,
VALLA BAI PATEL ROAD,
HIRIYUR TOWN, CHITRADURGA DISTRICT.
...RESPONDENTS
(BY SRI. SRINATH V.K, ADVOCATE FOR R1;
SRI. BIPIN HEGDE, ADVOCATE FOR R2;
SRI. P.H. VIRUPAKSHAIAH, ADVOCATE FOR R4;
R3 SERVED - UNREPRESENTED)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO
REFER THE DISPUTE RELATING TO PAYMENT OF
COMPENSATION IN RESPECT OF THE SCHEDULE LAND FOR
ADJUDICATION BY THE COMPETENT CIVIL COURT
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:31215
WP No. 36114 of 2019
C/W WP No. 35250 of 2019
ORDER
R.DEVDAS J., (ORAL):
These two writ petitions are clubbed together and heard, since the grievances of the petitioner-Corporation are directed against the private respondents who are the borrowers from the petitioners. The prayer in the writ petitions is to issue a direction to the Special Land Acquisition Officer, National Highways Authority of India (NHAI), Chitradurga, to release the compensation amount awarded by the Authority in respect of the petition schedule property belonging to the private respondents and more particularly Sri.Ananth Kumar, to the petitioner-
Corporation.
'
2. During the course of these proceedings, certain development have happened inasmuch as the owner of the property namely Sri.Ananthakumar, gave a representation 02.12.2021 to the Special Land Acquisition Officer, NHAI stating that out of the total compensation amount of Rs.1,57,81,888/- a sum of Rs.92,00,000/- may be release -5- NC: 2023:KHC:31215 WP No. 36114 of 2019 C/W WP No. 35250 of 2019 to the Karnataka State Industrial and Infrastructure Development Corporation (for short KSIIDC) and a sum of Rs.50,03,600/- in favour of Karnataka State Financial Corporation (for short KSFC) who are the two petitioners herein. In that view of the matter, the learned counsel for the petitioners submitted that if a direction is issued to the Special Land Acquisition Officer accordingly, then nothing survives for consideration in this writ petition.
3. However, learned counsel for respondent No.4 submits that respondent No.4 made such a communication to the Special Land Acquisition Officer only on the assurance given by the petitioner-Corporation that the grievance of respondent No.4 will be settled by offering one time settlement (OTS) scheme benefit. The learned counsel for the petitioners had stated on the previous occasion that respondent No.4 is liable to repay a sum of Rs.64,00,00,000/- to KSIIDC even as on 2003 and whereas respondent No.4 is liable to be repay around Rs.43,00,00,000/- in favour of KSFC, even as on 2019. In -6- NC: 2023:KHC:31215 WP No. 36114 of 2019 C/W WP No. 35250 of 2019 that view of the matter, it was submitted that it is impossible to accept the contention of respondent No.4 that by receiving a sum of Rs.92,00,000/- and Rs.50,03,600/-, the petitioner-Corporation would give up all further claims against respondent No.4. Learned counsel for the petitioners would further submit that it may be true that respondent No.4 has given representation seeking the OTS scheme benefit. If that is so, the same will be considered in accordance with the prevailing OTS policy.
4. In the light of the above, these writ petitions stand disposed of with a specific direction to the Special Land Acquisition Officer, NHAI, Chitradurga, to release sum of Rs.92,00,000/- from out of the compensation payable to the private respondents herein in favour of KSIIDC and a sum of Rs.50,03,600/- in favour of Karnataka State Finance Corporation who are the petitioners in these two writ petitions. -7-
NC: 2023:KHC:31215 WP No. 36114 of 2019 C/W WP No. 35250 of 2019 [[[ 5. A further direction is issued to the petitioner- Corporation to consider the request made by the private respondents herein for giving the benefit of OTS scheme in order to enable respondent No.4 to settle the dispute between the petitioners. The question of payment of interest on the award amount shall be kept open to be agitated before the competent Court.
Ordered accordingly.
Sd/-
JUDGE rv CT: BHK