Karnataka High Court
Sri. R. Hanumappa vs The State Of Karnataka on 28 March, 2023
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WP No. 102843/2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.102843-897/2017
BETWEEN:
1. SRI. R. HANUMAPPA S/O RAMANJINAPPA
AGE:52 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
2. SMT. R. DEVIKA, W/O R. HANUMANTAPPA
AGE:45 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
3. SRI R. AYYAPPA S/O R. RAMANJINAPPA
AGE:25 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
4. SRI R. VENKATESHAPPA S/O R. AYYAPPA
Digitally
signed by
JAGADISH T R AGE:65 YEARS, OCC:AGRICULTURE,
Location: High
Court of
Karnataka,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
Dharwad
Date:
2023.03.29
11:41:53
+0530 5. SMT. SHARADAMMA W/O BALAYYA
AGE:35 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
6. SRI. M. LOKESH S/O M. RAMAPPA
AGE:30 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
7. SRI. M. UPENDRA S/O M. ANJANAPPA
AGE:30 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
8. SMT. M. NARAYANAMMA W/O. DODDABASAPPA
AGE:70 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
9. SRI. M. SATYANARAYAN S/O DODDABASAPPA
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WP No. 102843/2017
AGE:45 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
10. SRI VENKATARAMAN S/O ERISWAMY
AGE:30 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
11. SRI M. SRINIVASALU S/O SANNALINGAPPA
AGE:42 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
12. SRI. M. SANNALINGAPPA S/O MARIBASAPPA
AGE:70 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
13. SMT. VENKATAMMA W/O TIMMAPPA
AGE:65 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
14. SRI M. NEELAKANTAPPA S/O CHANNABASAPPA
AGE:64 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
15. SMT. VARALAXMI W/O G. SATISH
AGE:29 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
16. SRI M. MALLIKARJUN S/O NEELAKANTAPPA
AGE:27 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
17. SMT. VENKATAMMA W/O NEELAKANTAPPA
AGE:56 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
18. SMT. DEVAKAMMA W/O MALLIKARJUN
AGE:45 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
19. SRI M. CHANDRASHEKHAR S/O. TIPPANNA
AGE:49 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
20. SMT. M. LEELAVATI W/O RAMACHANDRAPPA
AGE:45 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
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WP No. 102843/2017
21. SRI. M. RAJASHEKHAR S/O CHANNABASAPPA
AGE:50 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
22. SRI. M. PUTTAPPA S/O. CHANNABASAPPA
AGE:52 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
23. SRI E. NARAYANAPPA S/O SHIDDAPPA LETH,
AGE:70 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
24. SMT. E. IRAMMA W/O NARAYANAPPA
AGE:70 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
25. SMT. E. GOVINDAPPA W/O SHIDDAPPA LETH,
AGE:70 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI.
26. SMT. REVATAMMA W/O HANUMANT REDDI
AGE:65 YEARS, OCC: AGRI,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
27. SMT. B. VENKAMMA W/O MALLIKARJUN
AGE:44 YEARS, OCC: AGRI,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
28. SRI. B. MALLIKARJUN LAXMAMMA
AGE:45 YEARS, OCC: AGRI,
R/O KUDTINI, TQ AND DIST. BALLARI
29. SMT. B. AKKAMMA W/O HONNARAPPA LETH
SINCE DECEASED BY HER LRS
29A) B. GOVINDAPPA
AGE:45 YEARS, OCC: AGRICULTURE,
R/O KUDTINI, TQ AND DIST. BALLARI
30. SMT. BHAGYAMMA W/O TIMMAPPA
AGE:35 YEARS, OCC: AGRICULTURE,
R/O. KUDTINI, TQ AND DIST. BALLARI
31. SHRI B. NARAYANAPPA S/O ANJANAPPA
AGE:65 YEARS, OCC: AGRICULTURE,
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WP No. 102843/2017
R/O. KUDTINI, TQ AND DIST. BALLARI
32. SRI B. SRINIVAS S/O. ANJANAPPA
AGE:54 YEARS, OCC: AGRI,
R/O VENIVEERAPUR,
TQ AND DIST. BALLARI
33. SMT. LAXMIDEVI W/O. ANJANAPPA
AGE:80 YEARS, OCC: AGRI,
R/O VENIVEERAPUR,
TQ AND DIST. BALLARI
34. B. RAMACHANDRA S/O TIMMAPPA @ RAMANJINI
SINCE DECEASED BY HIS LRS
34A) SMT. B. GANGAMMA W/O B. RAMACHANDRA
AGE:57 YEARS, OCC: AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
34B) SRI. AJAYYA S/O. B. RAMACHANDRA
AGE:37 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
35. B. YASHODAMMA W/O. LATE RAMANJINAPPA
SINCE DECEASED BY HER LRS
35A) SRI. RAJESH S/O RAMANJINAPPA
AGE:30 YEARS, OCC: AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
36. SMT. LAXMIDEVI W/O. DEVAREDDI
AGE:56 YEARS, OCC: AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
37. B.VENKATESH S/O. DEVAREDDI
AGE:32 YEARS, OCC:AGRICULTURE
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
38. T.MARAPPA S/O. HANUMANTAPPA
SINCE DECEAED BY LR
38A) T.DEVAREDDY /O. HANMANTAPPA
AGE:38 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
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WP No. 102843/2017
38B) T. HANMANTAPPA
AGE:32 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
39. HANMAKKA W/O. KARIBASAPPA
SINCE DECEASED BY LRS
39A) CHAYADEVI W/O. PAND
AGE:38 YEARS, OCC:AGRICULTURE,
R/O KOLAGALLU, TQ AND DIST. BALLARI
40. SUVARNAMMA W/O. ADIBASAPPA
AGE:45 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
41. M BASAVARAJ S/O. BHIMAPPA
AGE:65 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
42 CHANNAMMA W/O. RAMANJINAPPA
AGE:60 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
43. SHRIDHAR S/O. A BABANNA
AGE:36 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
44. SRINIVASAU A OBANNA
AGE:45 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
45. K RAMAKRISHNA
AGE:48 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
46. K. TIMMAPPA S/O. K. BHIMALINGAPPA
SINCE DECEASED BY LRS
46A) SVARNAMMA W/O. K TIMMAPPA
AGE:45 YEARS, OCC:AGRICULTURE,
R/O KOLAGALLU, TQ AND DIST. BALLARI
47. K VENKATARAMANAPPA
S/O. KANDALAKUNTI HANUMANTAPPA
AGE:70 YEARS, OCC:AGRICULTURE,
R/O KOLAGALLU, TQ AND DIST. BALLARI
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WP No. 102843/2017
48. K. LAXMIDEVI W/O. RAMAKRISHNA
AGE:40 YEARS, OCC:AGRICULTURE,
R/O KOLAGALLU, TQ AND DIST. BALLARI
49. TIPAGALLU VENKATESHAPPA S/O. THIMMAPPA
AGE:75 YEARS, OCC:AGRICULTURE,
R/O KOLAGALLU, TQ AND DIST. BALLARI
50. M.NEELAVATI /O. ANJINAPPA
AGE:55 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
51. D. SITARAM REDDY S/O. D. DODDAPPA
AGE:55 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
52. BADESAB S/O. DODDIKASHIMSAB
AGE:40 YEARS, OCC:AGRICULTURE,
R/O KUDTINI, TQ AND DIST. BALLARI
53. RAMZAANSAB S/O. DODDIKASHIMSAB
AGE:45 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
54. G SHRINIVAS S/O. VENKATAPPA
AGE:60 YEARS, OCC:AGRICULTURE,
R/O VENIVEERAPUR, TQ AND DIST. BALLARI
...PETITIONERS
(BY SRI. LAXMAN T MANTAGANI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF COMMERCE AND INDSTRIES
VIKAS SOUDHA, BENGALURU
2. THE DEPUTY COMMISSIONER
BELLARY, DIST:BELLARY
3. THE CEO AND MEMBER SECRETARY
KIADB, NRUPATNGA ROAD,
OPP. RBI OFFICE,
DR.AMBEDKAR VEEDI, BENGALURU
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WP No. 102843/2017
4. THE SPECIAL LAND QCQUISITION OFFICER
KIADB, LAKKAMMANAHALLI, DHARWAD
5. THE SPECIAL LAND ACQUISITION OFFICE
KIADB, DAVANAGERE
6. MS. BRAHMINI STEELS KARNATAKA LTD.
SHIRAGUPPA ROAD, KOLLAGALLU VILLAGE
TQ AND DIST:BELLARY
REPRESENTED BY ITS MANAGING DIRECTOR
7. MS.UTTAM GALVA STEELS LTD.,
KOLLAGALLU VILLAGE
TQ AND DIST:BELLARY
CORPORATE OFFICE NO. 69,
UTTAR HOUSE, P DMELLO ROAD,
CHINCHBANDRA MUMBAI,
REPRESENTED BY ITS
MANAGING DIRECTOR
...RESPONDENTS
(BY SRI. VEERESH BUDIHAL, ADV., FOR R7;
SRI. G. I. GACHCHINAMATH, ADV., FOR R5;
SRI. PRASHANT V. MOGALI, HCGP FOR R1& R2
R3, R4 & R6- NOTICE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
OF CERTIORARI QUASHING THE IMPUGNED ENDORSEMENT
DATED 11.08.2015 ISSUED BY THE 5TH RESPONDENT VIDE
ANNEXURE-J; ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENTS 1 TO 5 HEREIN TO REDETERMINE THE MARKET
VALUE OF THE ACQUIRED LANDS OF THE PETITIONERS AT RS.12
LAKHS TO RS.16 LAKHS PER ACRE.
THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED
ON 14.03.2023 COMING ON FOR PRONOUNCEMENT OF ORDER,
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 102843/2017
ORDER
The captioned writ petition is filed by the land owners whose lands were acquired under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (for short "KIAD Act") and after due deliberations, a consent award came to be passed where the present petitioners herein accepted the same, which was fixed at a value of Rs.5 lakh to Rs.6 lakh per acre.
2. The captioned writ petition is filed by the petitioners alleging that though they were not willing to consent for the award and they were helpless on account of preliminary notification issued under Section 28(1) of the Act, they were constrained to accept the consent award. The grievance is that the land which was acquired for the benefit of respondent No.6 during the said period, the market value was fixed at a sum of Rs.12 lakhs to Rs.16 lakhs while petitioners' lands were valued at a sum of Rs.5 lakhs to Rs.6 lakhs while passing the consent award. Therefore, the present captioned writ petition is filed seeking for quashing of Annexure-J issued by respondent No.5 wherein the Authority, under the endorsement, has stated that once a -9- WP No. 102843/2017 compensation is paid in terms of Section 29(2) of the Act, there is no question of entertaining a fresh representation at the hands of the land-losers to consider to pay compensation at par with similarly placed land owners, who had benefit of receiving compensation at the rate of Rs.12 lakhs to Rs.16 lakhs per acre. The present writ petition is filed seeking a writ of certiorari to quash the impugned endorsement issued by respondent No.5 vide Annexure-J and consequently mandamus is sought to issue necessary directions to respondents 1 to 5 to re-determine the market value of the acquired lands of the petitioners at Rs.12 lakhs to Rs.16 lakhs per acre.
3. Heard the counsel for petitioners and the learned counsel appearing for contesting respondents. The relief sought in the captioned writ petition cannot be entertained. The question as to whether this Court can entertain the writ petition at the hands of land losers pursuant to acquisition by the Authorities where a consent award is passed is put to rest. The law relating to the locus of land losers, who have accepted a consent award and the jurisdiction of the writ Court to entertain writs under Article 226 and 227 of the
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WP No. 102843/2017Constitution of India is dealt by the Division Bench of this Court in the case of Suresh D. Bankapur V. State of Karnataka1.
4. The Division Bench of this Court while dealing with an identical question placing reliance on the judgments of the Hon'ble Apex Court held that the amount of compensation determined between the parties by an agreement as regards the value of the land acquired by state is binding on the land owners. Division Bench has further held that so long as such agreements and consequent consent awards are not set aside in appropriate proceedings by a Court of law having jurisdiction, the consent award would bind land owners unless consent award is declared by Court of law as void or voidable in terms of Indian Contract Act. The Division Bench of this Court further held that a person interested who has signed the agreement without demur cannot approach the High Court by way of writ petition without questioning the validity of the agreement. 1 W.A.No.30007/2013 (LA-KJADB) C/w W.A.No.31109/2012, W.A.No.31110/2012 & W.A.No.31111/2012 disposed on 28.03.2013
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WP No. 102843/2017
5. In the light of the principles laid down by the Division Bench of this Court is of the view that this Court cannot substitute consent award passed by a competent authority.
6. In that view of the matter, the impugned endorsement issued vide Annexure-J is in accordance with law and the same cannot be set aside by this Court. The petitioners have accepted the award voluntarily being a party to an agreement. Therefore, no mandamus would lie and therefore no such directions can be issued as prayed in the captioned writ petition. Accordingly, the writ petition stands dismissed.
7. In view of the disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.
Sd/-
JUDGE YAN