Disposed

Sri K S Yadiyur Sidalingeswara Swamy v. the State of Karnataka

Karnataka HC17 Apr 2023WP/2410/2023

Case brief

AI extract

What is this about?

Petitioner challenged a General Award under Section 11 of the Land Acquisition Act, 1894, seeking enhanced compensation under Section 29 of the KIAD Act. Court allowed representation for enhanced benefit if accorded in similar cases or alternative claim for developed land portion in lieu of compensation.

What did the court decide?

Petitioner permitted to file a representation seeking enhanced benefit under Section 29(2) of the 1966 Act or lay a claim for the developed portion of the land.

Sri K S Yadiyur Sidalingeswara Swamy Vs the State of… — Land Acquisition | Karnataka HC (2023)

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1 - WP No. 2410 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF APRIL, 2023

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BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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WRIT PETITION NO. 2410 OF 2023 (LA-KIADB)

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BETWEEN:

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SRI. K. S. YADIYUR SIDALINGESWARA SWAMY, S/O K G SHIVANNA, AGED ABOUT 55 YEARS, R/A KODIHALLI VILLAGE, KORA HOBLI, TUMAKURU TALUK, TUMAKURU DIST - 572 128.

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…PETITIONER

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(BY SRI. ADAVEESHAIAH B.,ADVOCATE)

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AND:

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES AND COMMERCE GROUND FLOOR, VIKASA SOUDHA, BENGALURU – 560 001. REP BY ITS PRL. SECRETARY TO THE GOVT.

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KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD KHANIJA BHAVAN, RACE COURSE ROAD, NEAR BASAVESWARA CIRCLE, BENGALURU – 560 001. REP BY ITS EXECUTIVE OFFICER.

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THE SPECIAL LAND ACQUISITION OFFICER KIADB, B H ROAD, NEAR SIT COLLAGE, TUMAKURU – 572 102.

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…RESPONDENTS

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(BY SRI.R SRINIVASA GOWDA., AGA FOR R1; SRI.ADARSH M LIMBIKAI.,ADVOCATE FOR R2 & R3)

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WP No. 2410 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE GENERAL AWARD NO.VI.BU.SWA.A/KIADB/TU/COM NO.6960/2021.22 DATED 15.09.2021 UNDER SECTION 11 OF LAND ACQUISITION ACT, 1894 PASSED BY THE R3 WITH RESPECT TO PETITIONERS LAND FOR AN EXTENT OF 0-10 GUNTAS IN SY.NO.42/3 OF SANGENAHALLI VILLAGE KORA HOBLI TUMAKURU TALUK AND DIST VIDE ANNEXURE-E AND DIRECTION TO R3 TO CONSIDER THE PETITIONER CLAIM FOR COMPENSATION UNDER 29(2) OF KIAD ACT.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The short grievance of the Petitioner, regardless of

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the text of the prayer in the pleadings is as to nonextension of enhanced compensation otherwise payable under Section 29 of the Karnataka Industrial Area Development Act, 1966. Learned counsel for the Petitioner banks upon the decision of a Coordinate Bench of this Court in SMT. RUKMINI & ANOTHER vs THE STATE OF KARNATAKA & OTHERS in W.P.No.39611-39612/2016 (LA-KIADB) disposed off on 16.09.2016.

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Learned Panel Counsel appearing for the Respondent - KIADB vehemently opposes the Petition by filing Statement of Objections contending that the

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WP No. 2410 of 2023

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petitioner's claim squarely falls in General Award Category

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and not under Section 29(2) of the Act; he has already accordingly received entire compensation; therefore, he cannot be granted any relief at the hands of Writ Court. So contending, he seeks dismissal of the Writ Petition.

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Having heard the learned counsel for the parties and having perused the Petition papers, this Court is although broadly in agreement with the submission of learned Panel Counsel appearing for the KIADB, permits the petitioner to file a representation seeking enhanced benefit in terms of Section 29(2) of the 1966 Act, provided that in similar cases such a benefit has been accorded by the KIADB even when the case fell in the General Award category.

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If such a representation is made, KIADB would consider the same in accordance with law and within a period of three months.

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It is open to the Petitioner to lay a claim for the developed portion of the land in terms of Government

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WP No. 2410 of 2023

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Notification dated 15.09.2021 in lieu of compensation as

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per Annexure-E to the Petition.

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