Review petition challenging a writ order that set aside a General Award and directed KIADB to consider respondent No.1's compensation claim under Section 29(2) of the KIAD Act. The Court held ownership disputes are for the Reference Court and no error existed in the writ order.
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.
NC: 2024:KHC:1012 RP No. 64 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN REVIEW PETITION NO. 64 OF 2023
BETWEEN:
KUMAR ALIAS KUMARAIAH, S/O. LATE NANJEGOWDA, AGED ABOUT 64 YEARS, RESIDING AT NEGALAALA VILLAGE, NEGALAALA POST, KORATAGERE TALUK, TUMKUR DISTRICT - 572 138.
…PETITIONER
(BY SRI. KISHAN G. S., ADVOCATE)
AND:
Digitally signed by H K HEMA Location: High Court of Karnataka
W/O. LATE VENKATAPPA,
AGED ABOUT 66 YEARS, P-GOLLAHALLI VILLAGE, BELLAAVI HOBLI, TUMKUR TALUK, TUMKUR DISTRICT - 572 101.
NC: 2024:KHC:1012 RP No. 64 of 2023
…RESPONDENTS
(BY SRI. HARISH H. G., ADVOCATE FOR R1, SRI. P. V. CHANDRASHEKAR, ADVOCATE FOR R3 AND R4.)
THE ADVOCATE FOR THE PETITIONER HAS FILED THE ABOVE REVIEW PETITION UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CPC, PRAYING THAT THIS HONBLE COURT MAY BE PLEASED TO REVIEW/RECALL THE ORDER DATED 04.11.2019 PASSED IN W.P. NO. 50235/2019 (ANNEXURE-A) ON THE FILE OF THIS HON'BLE COURT AND GRANT SUCH OTHER AND FURTHER RELIEFS AS ARE JUST.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
No.3/1A of Giriyanahalli Village, Bellavi Hobli, Tumkur
NC: 2024:KHC:1012 RP No. 64 of 2023
Taluk has been acquired for the purpose of respondent No.3.
No.50235/2019(LA-KIADB), wherein this Court has set aside the General Award and has directed the Karnataka Industrial Area Development Board (for short, the 'KIADB') to consider the case of respondent No.1 under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short, the 'KIAD Act').
NC: 2024:KHC:1012 RP No. 64 of 2023
"That for the reasons stated in the accompanying affidavit and in the circumstances of the case, it is prayed
that this Hon'ble Court may be pleased to
NC: 2024:KHC:1012 RP No. 64 of 2023
advance the case to release the entire FD
of Rs.14,20,754/- which is deposited by the Spl LAO, KIADB/petitioner, with accrued interest in the above case in the interest of justice and equity."
and that the said application has not been pressed by the KIADB in the light of the subsequent developments and filing of this Review Petition.
of the property concerned. This Court cannot decide the same in exercise of its power under Article 226 of the Constitution of India, as it involves disputed questions of fact. It is the responsibility of the Reference Court to adjudicate as to the same.
does not direct the KIADB to pay compensation to respondent No.1 herein, it has directed to the KIADB to consider the case of respondent No.1 in accordance with law in terms of Section 29(2) of the KIADB Act. No errors
NC: 2024:KHC:1012 RP No. 64 of 2023
can be found in the said order. Further as the matter is now pending before the Reference Court, which is going to decide as to who is the owner of the property and who is entitled for the compensation, no injustice will be caused to the petitioner herein due to the passing of the impugned order.
Sd/JUDGE
CH
List No.: 1 Sl No.: 37
1 issue framed by the court
Whether the writ order directing KIADB to consider respondent No.1's claim under Section 29(2) KIAD Act warrants review given a title dispute over the acquired land.
3 provisions across 3 enactments
Kumar alias Kumaraiah
Siddagangamma
State of Karnataka
The Special Land Acquisition Officer, KIADB
The Special Land Acquisition Officer, NIMZ, KIADB
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
