Karnataka High Court
Sri Karar Ahmed vs The State Of Karnataka on 13 March, 2024
Author: R Devdas
Bench: R Devdas
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WP No. 36803 of 2015
C/W WP No. 37089 of 2014
WP No. 32002 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 36803 OF 2015 (LA-KIADB)
C/W
WRIT PETITION NO. 37089 OF 2014 (LA-KIADB)
WRIT PETITION NO. 32002 OF 2018 (KLR-RES)
IN WP NO. 36803 OF 2015
BETWEEN:
1. SMT. RATHNAMMA
W/O RAMAKRISHNAPPA
AGED ABOUT 63 YEARS,
2. SRI. K. KRISHNAPPA
SINCE DECEASED BY HIS LR/WIFE
SMT. RAMAMANI
W/O LATE K. KRISHNAPPA
Digitally signed by AGED ABOUT 45 YEARS
JUANITA
THEJESWINI
3. SRI. MUNIVENKATAPPA
Location: HIGH
COURT OF SINCE DECEASED BY HIS LR'S
KARNATAKA
3(a) SMT. MUNITHAYAMMA
W/O LATE MUNIVENKATAPPA
AGED ABOUT 68 YEARS
3(b) SMT. SHANTHAMMA @DYAVAMMA
D/O LATE MUNIVENKATAPPA
AGED ABOUT 50 YEARS
BOTH ARE R/A AREBINNAMANGALA
BOODIDERE POST, JALA HOBLI
BENGALURU NORTH
BENGALURU-560129.
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[ 3(c) NAGAMANI
D/O LATE MUNIVENKATAPPA
AGED ABOUT 46 YEARS
DODDENAHALLI VILLAGE
KUNDLUGURUGE PANCHAYATH
SIDDLAGHATTA TALUK
CHIKKABALLAPURA DIST
BENGALURU-562105.
3(d) M. NAGARAJ
S/O LATE MUNIVENKATAPPA
AGED ABOUT 44 YEARS
3(e) M. SRINIVAS
S/O LATE MUNIVENKATAPPA
AGED ABOUT 40 YEARS
3(f) M. MADESH
S/O LATE MUNIVENKATAPPA
AGED ABOUT 48 YEARS
PETITIONERS NO.3(d) TO 3(f) ARE
R/A SINGAHALLI BUDIGERE POST
BENGALURU NORTH, JALA HOBLI
BENGALURU-562129.
...PETITIONERS
(BY SRI. JAYAKUMAR S PATIL., SR. COUNSEL FOR
SRI. PRUTHVI WODEYAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
MS BUILDING, DR. AMBEDKAR ROAD,
BANGALORE-560 001.
REPRESENTED BY ITS SECRETARY
2. THE SPECIAL LAND ACQUISITION OFFICER
KIADB OFFICE-2,
NO.49, KANIJA BHAVANA,
EAST WING, V-FLOOR,
RACE COURSE ROAD,
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BANGALORE-560 001.
3. THE SPECIAL DEPUTY COMMISSIONER
BANGALORE DISTRICT
KIADB, NRUPATUNGA ROAD,
BANGALORE-560 002.
4. THE TAHASILDAR
BANGALORE NORTH TALUK
BANGALORE DISTRICT-562129.
5. THE MANAGING DIRECTOR
KARNATAKA PUBLIC LANDS CORPORATION LTD,
2ND FLOOR, AT DEPUTY
COMMISSIONER'S-BUILDING,
NEAR CITY CIVIL COURT,
KEMPEGOWDA ROAD,
BANGALORE-560 009.
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 & R4
SRI. K. SHASHIKIRAN SHETTY, SR. COUNSEL FOR SRI.
P.V. CHANDRASHEKAR, ADVOCATE FOR R2 & R3
SRI. D.R. RAJASHEKHARAPPA, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTION AGAINST THE R-2 TO PASS CONSENT AWARD AS
PROVIDED UNDER SECTION 29[2] OF THE KIADB ACT AND
DISBURSE COMPENSATION AMOUNT TO THE PETITIONERS
ACQUIRED LAND AS PER THE DECISION OF THE PRICE
FIXATION COMMITTEE VIDE ANN-E AND ETC.,
IN WP NO. 37089 OF 2014
BETWEEN
SRI KARAR AHMED
S/O LATE N.A.KHAN,
AGED 59 YEARS,
RESIDING AT NO.50, 8TH CROSS,
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2ND MAIN, ROSHAN COLONY,
TILAK NAGAR,
BANGALORE-560 041.
...PETITIONER
(BY SRI. MANMOHAN P N., ADVOCATE)
AND
1. THE STATE OF KARNATAKA
DEPARTMENT OF COMMERCE & INDUSTRY,
M.S.BUILDING, BANGALORE-560 001
REPRESENTED BY ITS SECRETARY.
2. THE KARNATAKA INDUSTRIAL
DEVELOPMENT BOARD,
NO.14/3, RASTROTHANA PARISHAT BUILDING,
1ST FLOOR, WEST WING,
NRUPATHUNGA ROAD,
BANGALORE-560 001.
REPRESENTED BY ITS SECRETARY.
3. THE SPECIAL LAND ACQUISITION OFFICER,
THE KARNATAKA INDUSTRIAL
DEVELOPMENT BOARD,
NO.14/3, RASTROTHANA PARISHAT BUILDING,
1ST FLOOR, WEST WING,
NRUPATHUNGA ROAD,
BANGALORE-560 001.
.....RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1
SRI. K. SHASHIKIRAN SHETTY, SR. COUNSEL FOR
SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTICE DT.11./14.7.14, ISSUED BY THE R3,
PRODUCED AS AN-M AND GRANT INTERIM ORDER TO STAY
ALL FURTHER PROCEEDINGS PURSUANT TO THE NOTICE
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DT.11/14.7.14, ISSUED BY THE R3, PRODUCED AS ANN-M &
PASS SUCH & FURTHER ORDERS.
IN WP NO. 32002 OF 2018
BETWEEN
1. SMT RATHNAMMA
W/O RAMAKRISHNA,
AGED ABOUT 63 YEARS,
R/OF SINGHAHALLI VILLAGE,
JALA HOBLI,
BENGALURU NORTH TALUK,
BENGALURU DISTRICT 560129
2. SRI. MUNIVENKATAPPA
SINCE DECEASED BY HIS LR'S
2(a) SMT. MUNITHAYAMMA
W/O LATE MUNIVENKATAPPA
AGED ABOUT 68 YEARS
2(b) SMT. SHANTHAMMA @DYAVAMMA
D/O LATE MUNIVENKATAPPA
AGED ABOUT 50 YEARS
BOTH ARE R/A AREBINNAMANGALA
BOODIDERE POST, JALA HOBLI
BENGALURU NORTH
BENGALURU-560129.
2(c) NAGAMANI
D/O LATE MUNIVENKATAPPA
AGED ABOUT 46 YEARS
DODDENAHALLI VILLAGE
KUNDLUGURUGE PANCHAYATH
SIDDLAGHATTA TALUK
CHIKKABALLAPURA DIST
BENGALURU-562105.
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2(d) M. NAGARAJ
S/O LATE MUNIVENKATAPPA
AGED ABOUT 44 YEARS
2(e) M. SRINIVAS
S/O LATE MUNIVENKATAPPA
AGED ABOUT 40 YEARS
2(f) M. MADESH
S/O LATE MUNIVENKATAPPA
AGED ABOUT 48 YEARS
PETITIONERS NO.2(d) TO 2(f) ARE
R/A SINGAHALLI BUDIGERE POST
BENGALURU NORTH, JALA HOBLI
BENGALURU-562129.
...PETITIONERS
(BY SRI. JAYAKUMAR S PATIL., SR. COUNSEL FOR
SRI. PRUTHVI WODEYAR, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
MS BUILDING, DR. AMBEDKAR ROAD,
BENGALURU-560001
REPRESENTED BY ITS PRINCIPAL ECRETARY
2. THE DEPUTY COMMISSIONER
BENGALURU DISTRICT,
K.G.ROAD, BENGALURU-560001
3. THE TAHASILDAR
BENGALURU NORTH (ADDL) TALUK,
BENGALURU-560001.
4. SRI HASAN AHAMED
S/O LATE JABEER AHAMED,
AGED MAJOR,
R/AT NO.48, 2ND MAIN,
2ND CROSS, NEW KALASIPALYA,
BENGALURU-560016
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5. SRI SAYED RASOOL
S/O LATE SYED GAFOOR,
AGED MAJOR,
R/AT NO.13, IST CROSS,
GOWRIPALYA, BENGALURU-560072
6. SRI FAYAZ AHAMED KHAN
S/O LATE JABBAR KHAN,
AGED MAJOR,
R/AT NO.76, 2ND MAIN,
4TH CROSS, NEW KALASIPALYA,
BENGALURU-560016
7. SRI KARAR AHAMED
S/O LATE N A KHAN,
AGED ABOUT 63 YEARS,
R/AT NO.50, 8TH CROSS,
2ND MAIN ROAD, ROSAN COLONY,
TILAK NAGAR,
BENGALURU-560043
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R3
SRI. MANMOHAN P.N. ADVOCATE FOR R7
V/O DT. 20.01.2023, NOTICE TO R4 TO R6 IS H/S)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CALL FOR THE RECORDS ON THE FILE OF THE DEPUTY
COMMISSIONER, BENGALURU DISTRICT, K.G. ROAD AT
BENGALURU [RESPONDENT NO.2] AND
QUASH THE IMPUGNED ORDER DTD 26.10.2017 PASSED BY
THE DEPUTY COMMISSIONER, BENGALURU DISTRICT,
K.G.ROAD AT BENGALURU [RESPONDENT NO.2] VIDE ANNX-A
AND ETC.,
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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
COMMON ORDER
R.DEVDAS J., (ORAL):
These three writ petitions are clubbed and heard together, since the grievance of the petitioners is in common as against the respondent-Karnataka Industrial Areas Development Board (for short 'KIADB') and the State.
2. It is not disputed that the acquisition proceedings were initiated by the State of Karnataka for the benefit of the KIADB for formation of an industrial area at Singahalli Village, Jala Hobli, Bangalore North Taluk, which is now in Yelahanka Taluk. It is also not disputed that in the acquisition notifications, the names of the petitioners in W.P.No.36803/2015 viz., Smt.Rathnamma, Sri K.Krishnappa and Sri Munivenkatappa are reflected in Sy.No.6 of Singhahalli Village, Jala Hobli, Bangalore North Taluk. It is also not disputed that the name of Sri Karar Ahmed, the petitioner in W.P.No.37089/2014 is also -9- NC: 2024:KHC:10297 WP No. 36803 of 2015 C/W WP No. 37089 of 2014 WP No. 32002 of 2018 reflected in the acquisition notification in Sy.Nos.128, 129 and 130 (which was carved out of old Sy.No.6). Dispute arose only at the time of the award of compensation at the hands of Special Land Acquisition Officer (for short 'SLAO') as regards the extent of lands and a confusion that the petitioners in W.P.No.36803/2015 were claiming compensation in respect of the very same lands which belonged to Sri Karar Ahmed. Although the claim of the petitioners in W.P.No.36803/2015 was in respect of 2 acres and 20 guntas, 1 acre 10 guntas and another extent of 1 acre and 20 guntas respectively, nevertheless, General Award was passed to an extent of 25 guntas of in favour of Smt. Rathnamma and 15 guntas in favour of Sri.Krishnappa (since deceased) in favour of his wife Smt. Ramamani. Insofar as Sri.Munivenkatappa is concerned, General Award was passed in respect of entire extent of 1 acre and 20 guntas. The contention of the SLAO was that the lands of the two petitioners are overlapping and therefore, since compensation award has already been paid to Sri.Karar Ahmed in respect of 20 acres of land
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NC: 2024:KHC:10297 WP No. 36803 of 2015 C/W WP No. 37089 of 2014 WP No. 32002 of 2018 which includes the remaining extent of lands in which compensation was not paid to the petitioners herein, it was made known to the petitioners that they are not eligible for any other compensation except 15 guntas and 25 guntas.
3. During the course of these proceedings, this Court had specifically sought information at the hands of the learned Advocate General as to what was the basis for the SLAO to come to a conclusion that the two lands are overlapping.
4. The learned Advocate General has today filed an Affidavit of the SLAO-2, KIADB stating that the petitioners themselves had approached the Deputy Commissioner by filing a revision petition in R.P. No.24/2012-13 seeking to set aside the survey durasthi in respect of Sy.Nos.128, 129 and 130 of Singahalli Village, wherein Sri.Karar Ahmed was shown as the khatedar. Although the Deputy Commissioner allowed the revision petition, nevertheless Sri.Karar Ahmed, filed the writ petition before this Court in W.P.No.2359/2015 and the same was disposed of on
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NC: 2024:KHC:10297 WP No. 36803 of 2015 C/W WP No. 37089 of 2014 WP No. 32002 of 2018 01.12.2015 while setting aside the order passed by the Deputy Commissioner. Thereafter, the Deputy Commissioner dismissed the revision petition without deciding the issue but directing that the dismissal of the revision petition is subject to the final result in W.P.No.36803/2015. In W.P.No.32002/2018, the petitioners have called in question the said order passed by the Deputy Commissioner. On the other hand, Sri.Karar Ahmed filed W.P.No.37089/2014 calling in question the notice dated 11/14.07.2014 issued by the SLAO calling upon Sri. Karar Ahmed to re-deposit the compensation amount.
5. Having regard to the factual information sought by this Court and the learned Advocate General coming back to this Court along with the said Affidavit of the SLAO and clearly submitting that there is no factual information available with the SLAO to come to a conclusion that the two lands are overlapping, this Court is of the considered opinion that there is no need to go into the further details of the individual grievance of the petitioners herein.
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6. Having regard to the submissions of the learned Advocate General and having regard to the contents of the Affidavit filed by the SLAO, it is clear that there is no basis for the conclusion drawn by the SLAO that the two lands are overlapping. This Court has found that factually Sy.No.6 had a large extent of land measuring 308 acres and 15 guntas. Various pieces and parcels of lands were granted to various persons and the claim of the petitioners is in terms of the grants made in their favour. It is found that Sri.Karar Ahmed purchased 20 acres of land from various grantees and the lands purchased by him have been phoded and new numbers viz., Sy.Nos.128, 129 and 130 have been assigned to the lands purchased by Sri.Karar Ahmed. The entire extent of land measuring 20 acres belonging to Sri.Karar Ahmed has been acquired while showing Sy.Nos.128, 129 and 130. Now it is clear that there is no basis for the claim of the SLAO that portions of the land belonging to the petitioners herein are overlapping the lands of Sri.Karar Ahmed. The entire confusion started when the SLAO started contending that
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NC: 2024:KHC:10297 WP No. 36803 of 2015 C/W WP No. 37089 of 2014 WP No. 32002 of 2018 since a portion of the land of the petitioners herein overlapped the lands of Sri.Karar Ahmed and the entire compensation award amount has been paid to Sri.Karar Ahmed, the SLAO sought to restrict the compensation in favour of the petitioners herein only to an extent of 15 guntas and 25 guntas. There being no factual foundation for the claim made by the SLAO that the lands of the two parties are overlapping, the contention of the SLAO has to be rejected. Consequently, this Court has come to a conclusion that the petitioners viz., Smt.Rathnamma, Smt. Ramamani, w/o Sri.K.Krishanappa and Sri Munivenkatappa are entitled for compensation to the entire extent of land and it cannot be restricted to any smaller portion. It is also not disputed that compensation has not been disbursed to Sri Munivenkatappa to the entire extent of 1 acre and 20 guntas. Whereas compensation has been paid to Smt. Ratnamma in respect of 25 guntas and compensation is paid to Smt.Ramamani W/o Krishnappa to an extent of 15 guntas. Therefore the SLAO is required to disburse the compensation in respect of the remaining
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NC: 2024:KHC:10297 WP No. 36803 of 2015 C/W WP No. 37089 of 2014 WP No. 32002 of 2018 extent of land namely 1 acre and 35 guntas in favour of Smt.Ratnamma, 35 guntas in favour of Sri Ramamani, W/o Sri K.Krishnappa. Of course, Shri Munivenkatappa or his legal heirs are entitled for compensation in respect of the entire extent of 1 acre and 20 guntas.
7. During the course of these proceedings, the learned counsels for the petitioners had also pointed out that under similar circumstances where General Awards were passed by the SLAO and having regard to the claim made by the land owners, this Court has passed orders in many such cases, including W.P.Nos.47750-52/2012 and connected matters, in respect of the very same notification and in the case of Shri Munianjinappa Vs. The State of Karnataka and Others in W.P.No.4555/2022 dated 14.08.2023 that the petitioners shall be paid compensation in terms of the consent award and not on the basis of the General Award.
8. The next question is the claim of the petitioners for payment of interest as was directed in W.P.Nos.47750- 52/2012. Learned Counsels for the petitioners have
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NC: 2024:KHC:10297 WP No. 36803 of 2015 C/W WP No. 37089 of 2014 WP No. 32002 of 2018 pointed out that this Court has directed the State to ensure payment of interest at the rate of 12% per annum on the award amount computed by the SLAO from the date of 29(2) notice up to the date of payment.
9. The learned Counsel for the petitioners has pointed out to paragraph No.10 of the said order where it has been recorded in respect of the very same notification and the award passed by the SLAO that the farmers had agreed to receive consent award under Section 29(2) of the KIAD Act, pursuant to the notice dated 19.05.2009 at the rate of Rs.62 lakhs per acre. Attention of this Court is drawn to Annexure 'G', which is the very same notice dated 19.05.2009 issued by the SLAO wherein the names of the petitioners are found. The learned Counsel would therefore submit that the petitioners are entitled to receive consent award at the rate of Rs.62 lakhs per acre along with interest as directed by this Court.
10. In that view of the matter, this Court is of the considered opinion that the petitioners are entitled for payment of compensation as consent award along with
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interest as directed by this Court in
W.P.Nos.47750-52 /2012 and connected matters.
11. Consequently, W.P.No.32002/2018 which is between the two private respondents in respect of the orders passed by the Deputy Commissioner is hereby disposed of having regard to the fact that both the parties are entitled for receiving compensation.
12. W.P.No.37089/2014 instituted by Sri Karar Ahmed regarding the notice issued by the SLAO calling upon the petitioners to re-deposit the compensation amount is allowed while setting aside the impugned notice dated 11/14.07.2014 at Annexure 'M'.
13. W.P.No.36803/2015 is allowed while directing the SLAO to pay compensation in respect of 1 acre and 35 guntas in respect of the first petitioner, 35 guntas in respect of the second petitioner and 1 acre 20 guntas in respect of the third petitioner as consent award at the rate of Rs.62 lakhs per acre along with interest at the rate of 12% as directed in W.P. Nos.47750-52/2012 and connected matters.
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14. The General Awards passed by the SLAO dated 31.05.2012 at Annexure 'A' and 28.07.2022 at Annexure 'A1' insofar as the petitioners are concerned in W.P.No.36803/2012 are hereby set aside.
All pending IAs. stand disposed of accordingly.
Sd/-
JUDGE JT/-
CT: JL