Disposed

Sri Ramanjinappa v. the State of Karnataka

Karnataka HC4 Jun 2024WP/14269/2024

Case brief

AI extract

What is this about?

Landowner sought consent award for acquired land after a general award was passed and compensation deposited in the Reference Court. The Court set aside the general award insofar as the petitioner's land was concerned and directed the SLAO-KIADB to reconsider compensation by agreement under Section 29(2) of the KIADB Act within three months.

What did the court decide?

General award dated 17.06.2023 set aside qua petitioner's land; SLAO to reconsider compensation under Section 29(2) KIADB Act within three months; deposit withdrawable; award restored if ownership unp

Sri Ramanjinappa Vs the State of Karnataka — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:19022 WP No. 14269 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.14269 OF 2024 (LA-KIADB)

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BETWEEN:

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SRI RAMANJINAPPA S/O MUNI KEMPANNA AGED ABOUT 53 YEARS R/AT NO.65, KONAGHATTA VILLAGE KUNDANA HOBLI DODDABALLAPURA

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BANGALORE RURAL DISTRICT-561 203.

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…PETITIONER

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(BY SRI SHARAN N. MAJAGE, ADVOCATE)

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AND:

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Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka

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THE STATE OF KARNATAKA BY ITS SECRETARY

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DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA BENGALURU-560 001.

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KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER KHANIJA BHAVANA RACE COURSE ROAD BENGALURU-560 001.

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NC: 2024:KHC:19022 WP No. 14269 of 2024

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THE SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.14/3, 1ST FLOOR CFC BUILDING MAHARSHI ARAVINDA BHAVAN NRUPATHUNGA ROAD BANGALORE-560 001.

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…RESPONDENTS

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(BY SRI YOGESH D. NAIK, AGA., FOR R.1; SRI H.L. PRADEEP KUMAR, GOVT. ADVOCATE FOR R.2 & R.3-KIADB)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE GENERAL AWARD BEARING NO.KIADB/LAQ/2250/2023-24 DATED 17.06.2023 PASSED BY THE RESPONDENT NO.3 IN RESPECT OF LAND IN SY.NO.7 MEASURING 1 ACRE 13 GUNTAS OF LAND SITUATED AT CHAPPARADAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT, IN SO FAS AS THE PETITIONER IS CONCERNED, WHICH IS PRODUCED AS ANNEXURE-F, ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - NC: 2024:KHC:19022 WP No. 14269 of 2024

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ORDER

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The case of the petitioner is that his land in Survey No.7 measuring 1 acre 13 guntas of Chapparadahalli Village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District, was acquired for the purpose of respondent no.2/Karnataka Industrial Areas Development Board. Further, respondent no.3 has passed a general award and deposited the compensation in the Reference Court. He prays that consent award be passed in respect of the said land.

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The learned counsel appearing for the respondents submit that they have no objection to pass a consent award provided the petitioner produces all the relevant documents to show that he is the owner of the property.

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Under similar circumstances, this Court in umpteen number of cases has permitted the land losers to claim compensation as per the consent award upon establishing the fact that they are the owners of the property. There is

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NC: 2024:KHC:19022 WP No. 14269 of 2024

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no reason why a similar order should not be passed in the instant case also.

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4. Hence, the following:

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ORDER

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(i) The impugned general award dated 17.06.2023

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at Annexure-F to the writ petition insofar as the land of the petitioner, which is the subject matter of the instant writ petition, is set aside;

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(ii) The respondent/Special Land Acquisition Officer of the KIADB is directed to reconsider the request of the petitioner for award of compensation by way of an agreement under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 and pass necessary orders within a period of three months from the date of receipt of copy of this order;

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(iii) The respondent/Special Land Acquisition Officer,

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KIADB, is at liberty to withdraw the amount that

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5 - NC: 2024:KHC:19022 WP No. 14269 of 2024

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has been deposited by it pursuant to the general award before the jurisdictional Court;

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(iv) It is needless to state that, in the event the petitioner failing to provide necessary documents to establish his ownership over the land concerned or if there is a dispute as to ownership, the general award would stand restored;

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(v) The writ petition stands disposed of accordingly.

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SD/JUDGE

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VMB List No.: 1 Sl No.: 22

Sri Ramanjinappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Ramanjinappa v. the State of Karnataka

Case brief

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What did the court decide?

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