The High Court disposed of two writ petitions challenging land acquisition awards. The Court held that compensation cannot be paid while a title dispute in the auction case is pending, disposing petitions with liberty to approach later.
Disposition of writ petitions reserving liberty to approach this Court after the resolution of LAC No.108/2016.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 54816 of 2016 C/W WP No. 57979 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01ST DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 54816 OF 2016 (LA-KIADB)
C/W
WRIT PETITION NO. 57979 OF 2016 (LA-KIADB)
IN WP.NO.54816/2016:
BETWEEN:
…PETITIONER
(BY SRI. RAAM PRASAD B S.,ADVOCATE)
AND:
Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA
WP No. 54816 of 2016 C/W WP No. 57979 of 2016
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (BMICP METRO) 1ST FLOOR MAHARSHI ARAVINDA BHAVAN NRUPATHUNGA ROAD BENGALURU -0 560001
…RESPONDENTS
(BY SRI NITHYANANDA K.R., AGA FOR R1; SRI P.V.CHANDRASHEKAR, ADV. FOR R2 & R3; SRI K. KRISHNA, ADVOCATE FOR R4; SRI R.V. JAYAPRAKASH, ADV. FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-K BEING THE AWARD DTD 24.2.2016 PASSED BY THE R-3 IN SO FAR AS THE SUBJECT PROPERTY IS CONCERNED AND ETC.,
WP No. 54816 of 2016 C/W WP No. 57979 of 2016
IN WP.NO.57979/2016:
BETWEEN:
…PETITIONER
(BY SRI ABHINAV R.,ADVOCATE)
AND:
BENGALURU - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY
…RESPONDENTS
(BY SRI NITHYANANDA K.R., AGA FOR R1; SRI H.L.PRADEEP KUMAR, ADV. FOR R2 & R3)
WP No. 54816 of 2016 C/W WP No. 57979 of 2016
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD NOTICE DTD 22.08.2016 ISSUED BY THE R-3 AT ANNEXURE - D AND ALL FURTHER PROCEEDINGS PURSUANT THERETO AND ETC.,
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
WP No. 54816 of 2016 C/W WP No. 57979 of 2016
WP No. 54816 of 2016 C/W WP No. 57979 of 2016
LAC.No.108/2016 before the II Additional Civil Judge, Bengaluru. Due to the said pendency, a general award dated 24.02.2016 had been passed. Being aggrieved by the same, the petitioners are before this Court and contending that since they have accepted Section 29(2) notice, the compensation as detailed therein has to be
paid and general award could not have been passed.
:ORDER:
Writ petitions are disposed of reserving liberty to the petitioner to approach this Court after the resolution in LAC.No.108/2016.
Sd/JUDGE
KTY
3 issues framed by the court
Whether compensation can be paid despite a pending title dispute in an auction case regarding the acquired land.
Whether the award passed by the Land Acquisition Officer should be quashed given the pending civil suit on title.
What relief should be granted to the petitioners while the title dispute is sub-judice.
4 provisions across 3 enactments
Mr Dinesh Batheja
Sri B. Suresh
The State of Karnataka
Karnataka Industrial Area Development Board
Special Land Acquisition Officer
Bangalore Metropolitan Transport Corporation Ltd
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
