Karnataka High Court
Lrde Employees Housing vs The State Of Karnataka on 2 January, 2020
Equivalent citations: AIRONLINE 2020 KAR 107
Author: Alok Aradhe
Bench: Alok Aradhe
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JANUARY 2020
BEFORE
THE HON'BLE MR. JUSTICE ALOK ARADHE
WRIT PETITION NO.52276 OF 2019 (LA-RES)
Between:
LRDE Employees Housing
Co-Operative Society Ltd., (R),
RGD NO.(JRB/CRD/REGN/22/4899/
8283) having its office at
LRDE Campus, Ministry of Defence,
DRDO Complex, C.V.Raman Nagar
Post, Bangalore - 560 093,
Represented by its Secretary,
Sri K.Vasudev.
... Petitioner
(By Sri M. Sreenivasa, Advocate)
And:
1. The State of Karnataka
Department of Industries,
Karnataka Government Secretariat,
Vikasa Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001,
Represented by its Secretary.
2. The Chairman
Bengaluru Metro Rail Corporation
Limited, K.H.Road,
Bengaluru - 560 027.
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3. The Managing Director,
BMRCL, Opp. To Kanteerava
Stadium, Cricket Association,
Bengaluru - 560 001.
4. The Special Deputy Commissioner,
K.I.A.D.B., Maharshi Aravinda
Bhavan, 1st Floor, Nrupathunga
Road, Bengaluru - 560 001.
5. The Special Land Acquisition Officer,
K.I.A.D.B., Maharshi Aravinda
Bhavan, 1st Floor, Nrupathunga
Road, Bengaluru - 560 001.
...Respondents
(By Smt. Kavitha H.C., HCGP for R1;
Sri K. Krishna, Advocate for R2 & R3;
Sri P.V. Chandra Shekar, Advocate for R4 & R5)
This Writ Petition is filed under Articles 226
and 227 of the Constitution of India, praying to
quash the General Award Annexure-A dated
25.11.2019 issued under Section 12(2) of the Land
Acquisition Act passed by the R-4 and R-5 in
respect of the property bearing site bearing No.60,
BBMP Khatha No.277, formed out of Sy.No.92 of
Doddanekkundi Village, Marathahalli Hobli,
Bangalore East Taluk and etc.
This Writ Petition coming on for Preliminary
Hearing in 'B' Group, this day, the Court made the
following:-
ORDER
Sri. M. Sreenivasa, learned counsel for the petitioner.
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Smt. Kavitha H.C., learned High Court Government Pleader for respondent No.1.
Sri. K. Krishna, learned counsel for respondent Nos.2 and 3.
Sri. P.V. Chandrashekar, learned counsel for respondent Nos.4 and 5.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this writ petition, the petitioner inter alia seeks for writ of certiorari for quashment of General Award dated 13.09.2019 contained in Annexure-A and award notice dated 25.11.2019 and notice issued under Section 12(2) of the Land Acquisition Act, 1894 passed by respondent Nos.4 and 5 in respect of the property bearing Site No.60, BBMP Khatha No.277, formed out of Sy. No.92 of 4 Doddanekkundi Village, Marathahalli Hobli, Bangalore East Taluk. The petitioner also seeks a writ in the nature of mandamus directing respondent Nos.2 to 5 to consider the representations contained in Annexure-D dated 05.08.2019, Annexure-E dated 20.09.2019, Annexure-F dated 10.10.2019 and Annexures-G and H dated 14.11.2019 submitted by the petitioner as well as direction to respondent Nos.4 and 5 to pass consent Award offered by respondents as contained in Annexure-C dated 27.06.2019.
3. When the matter was taken up today, learned counsel for the parties jointly submitted that the controversy involved in the instant writ petition is squarely covered by an order dated 25.11.2019 passed in W.P.No.51142/2019.
4. In view of the aforesaid submissions, for the reasons assigned in the aforesaid order and with a view to maintain parity, General Award dated 5 13.09.2019, insofar as the property pertaining to the petitioner, is quashed. Respondent No.5 is directed to consider the case of the petitioner for determination of the compensation in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 bearing in mind the offer made by the respondents contained in Annexure-C within a period of eight weeks from the date of receipt of certified copy of the order passed today. Respondent No.5 is permitted to withdraw the amount in deposit, if any, before the Civil Court.
Accordingly, the writ petition is disposed of.
Sd/-
JUDGE Mds/-