Allowed

Shankarappa S/O Ramappa Hadapad v. the State of Karnataka

Karnataka HC24 Aug 2023WP/101570/2023

Case brief

AI extract

What is this about?

The court allowed the writ petition quashing the land acquisition award approved notification dated 10.10.2022. Relying on a coordinate bench, the court held the petitioner similarly entitled to relief as his brother. The respondent KIADB is directed to pass a new award under the Act, 2013.

What did the court decide?

The approval notification dated 10.10.2022 set-aside. KIADB directed to pass an award under the Act, 2013 within four months.

Shankarappa S/O Ramappa Hadapad Vs the State of Karnataka — Land Acquisition | Karnataka HC (2023)

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NC: 2023:KHC-D:9488 WP No. 101570 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 24^TH DAY OF AUGUST, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 101570 OF 2023 (GM-RES)

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BETWEEN:

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SHANKARAPPA S/O RAMAPPA HADAPAD AGE 63 YEARS, OCC AGRICULTURE R/O DAMBALA VILLAGE, TQ MUDARAGI DIST :GADAG 582113.

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…PETITIONER

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(BY SRI. SHIVA SHIRUR., ADVOCATE)

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AND:

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Digitally signed byMOHANKUMAR MOHANKUMARB SHELAR B SHELARLocation:DHARWAD Date: 2023.09.02 13:43:01 -0700

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THE STATE OF KARNATAKA R/BY ITS UNDER SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRY MULTI STORED BUILDING 3^RD FLOOR, DR AMBEDKAR VEEDHI, BENGALURU-560001.

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THE SPECIAL LAND ACQUISITION OFFICER K.I.A.D.B., 33/A LAKAMANAHALLI INDUSTRIAL AREA P. B. ROAD, DHARWAD-580004.

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BHARAT GAS RESOURCES LTD (WHOLLY OWNED SUBSIDIARY OF BHARAT PETROLEUM CORPORATION LTD.,) OFFICE: 5^TH FLOOR, THE IL AND FS FINANCIAL CENTER PLOT: C-22 G-BLOCK, BANDRA, KURLA

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NC: 2023:KHC-D:9488 WP No. 101570 of 2023

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COMPLEX BANDRA (E) MUMBAI-400051.

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THE TAHASHILDAR MUNDARAGI-582101.

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M/S BHARAT PETROLEUM CORPORATION LIMITED BHARAT BHAVAN, CUNNINGHAM BALLARD ESTATE, MUMBAI-400001. MAHARASTRA.

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…RESPONDENTS

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(BY SRI P.N.HATTI, HCGP FOR R1 AND R4: SRI SHASHANK HEGDE, ADVOCATE FOR R2: SRI C.V.ANGADI., ADVOCATE FOR R3 AND R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO:

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A. ISSUE WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI BY QUASHING THE ACQUISITION NOTIFICATION DATED 28/10/2020 BEARING NO.CI 217 SPQ (E) 2020 ISSUED BY THE RESPONDENT NO.1 UNDER SECTION 28(1) OF THE KIADB ACT, IN SO FAR AS PETITIONERS LAND BEARING NO.11/1 2A/2B SITUATED AT DAMBAL VILLAGE VIDE ANNEXURE-B.

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B. CONSEQUENTLY QUASH THE FINAL NOTIFICATION DATED 21/10/2021 BEARING NO.CI 217 SPQ (E) 2020 PASSED BY THE RESPONDENT NO.1, UNDER SECTION 28(4) FO THE KIADB ACT, 1966, IN SO FAR AS PETITIONERS LAND BEARING NO.11/1 2A/2B IS CONCERNED, VIDE ANNEXURE-C.

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C. ISSUE WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI BY QUASHING THE NOTIFICATION DATED 10/10/2022 BEARING NO.KRA/ KAKRIPRAMAM/ BHUSWA/ GA/DAMBAL/2022-23, PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-F.

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D. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 24/08/2022 VIDE ANNEXURE-G, IN THE INTEREST OF JUSTICE AND EQUITY.

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3 - NC: 2023:KHC-D:9488 WP No. 101570 of 2023

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THIS PETITION IS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The captioned writ petition is filed by the land owner

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assailing the notification dated 28.10.2020 issued under Section 28(1) of The Karnataka Industrial Areas Development Act, 1966 (for short 'the Act') and consequent final notification dated 21.10.2021, vide Annexure-C.

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These two notifications were challenged by the brother of the petitioner herein in W.P.No.105709/2022. This Court set-aside the award on the ground that petitioner's brother is entitled to seek compensation under new Act. The relevant paragraph No.5 is as under;

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"5. In view of the fact that Section 30 of the KIAD Act was substituted prior to passing of the impugned award, the said award passed under the 1899 Act cannot be sustained. The award passed by the Land Acquisition Officer on 15.09.2022 and which has been approved on 10.10.2022, therefore shall stand quashed. The KIADB is directed to pass an award in terms of the amended provisions of

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4 - NC: 2023:KHC-D:9488 WP No. 101570 of 2023

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Section 30 i.e, under the provisions of the Act, 2013."

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If the above culled out paragraph No.5 is

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examined, as rightly pointed out by the counsel appearing for contesting respondents, petitioner who is the brother and is similarly placed and the captioned petition is filed questioning the very award under the same notification, I am of the view that petitioner is also entitled for the same relief's. The impugned notification vide Annexure-F and the preliminary and final notifications vide Annexures-B and C are liable to be quashed. In the light of judgment rendered by Co-Ordinate Bench of this Court cited supra , I am not inclined to interfere with the final notification issued under Section 28(4) of the Act. Since, Co-ordinate Bench of this Court has set-aside the award, the petitioner in the present case on hand is also succeeds and accordingly, I proceed to pass the following.

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ORDER

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i) The writ petition is allowed.

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5 - NC: 2023:KHC-D:9488 WP No. 101570 of 2023

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ii) The notification dated 10.10.2022 bearing

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No.Kra:KakriPraMam/BhuSwa/Ga/Dambal/2022 -23, approving the award, as per Annexure-F, is hereby set-aside.

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iii) The respondent/KIADB is hereby directed to pass an award in terms of amended provision of Section 30 of the Act, 2013.

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iv) After determination of award in terms of

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2013 Act, if the compensation deposited by the beneficiary falls short of the determination of compensation under 2013 Act, the difference amount shall be deposited by the beneficiary.

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v) Respondent No.2 is hereby directed to

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pass an award in terms of 2013 Act, within a period of four months from the date of receipt of copy of this Order.

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AM/-. List No.: 1 Sl No.: 31

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Sd/JUDGE

Shankarappa S/O Ramappa Hadapad v. the State of Karnataka

Case brief

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Shankarappa S/O Ramappa Hadapad v. the State of Karnataka

Case brief

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