Disposed

Century Drums and Barrels Industry v. the Karnataka Industrial Area Development Board

Karnataka HC18 Sept 2024WP/23785/2023

Case brief

AI extract

What is this about?

A petitioner whose allotted industrial plot was partly acquired for a railway line sought consideration of representations to KIADB for alternative land allotment. The court directed KIADB to decide the representations in accordance with existing regulations within three months.

What did the court decide?

Direction to KIADB to consider the representations at Annexures F1, F2 and G under existing regulations and pass an order within three months.

Century Drums and Barrels Industry Vs the Karnataka… — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:38527 WP No. 23785 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 23785 OF 2023 (GM-KIADB)

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BETWEEN:

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CENTURY DRUMS AND BARRELS INDUSTRY DRUMS AND BARRELS INDUSTRY, PLOT NO 161 B AND C NO 31, KIADB, 1ST PHASE, VASANTHANARAPURA, INDUTRIAL AREA, TUMKURU 572 128. BY ITS PARTNER, MR MOHAMMED JAVEED, S/O MOHAMMED RIYAZ, AGED ABOUT 37 YEARS,

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…PETITIONER

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(BY SRI. KALEEMULLAH SHARIFF., ADVOCATE)

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AND:

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THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BY ITS SECRETARY, KHANIJA BHAVAN, BENGALURU.

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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THE DEVELOPMENT OFFICER, KIADB ZONAL OFFICE, MARUTHI BUILDINGS, B. H. ROAD, TUMKURU 572 103.

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…RESPONDENTS

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(BY SRI. CHANNE GOWDA C., ADVOCATE)

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THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS DIRECT THE RESPONDENTS TO CONSIDER AND DISPOSE OF THE REPRESENTATIONS OF THE PETITIONER PRODUCED AT ANNEXURE-F , DTD 20.6.2023, ANNEXURE-F1, DTD 5.7.2023 AND

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NC: 2024:KHC:38527 WP No. 23785 of 2023

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ANNEXURE-F2, DTD 7.7.2023 AND ANNEXURE-G DTD 29.8.2023 BY ISSUING A WRIT OF MANDAMUS AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioner asserts that plot No. 161B, measuring 0.50 acres, situated in Zone 4, Vasanthanarasapura Area, Kora, Tumakuru, was allotted to him, and a registered sale deed was executed on 22.05.2023.

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Given the circumstances, a portion of the land allotted to the petitioner was acquired by the railway for laying a railway line from Tumakuru to Davangere, resulting in the demolition of the building situated on the land. Consequently, the petitioner submitted a representation to the respondent, the Karnataka Industrial Areas Development Board (KIADB), requesting the allotment of alternative land. The petitioner’s grievance is that this representation has not been considered.

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The learned counsel for the respondent, KIADB, submits that although a portion of the land has been acquired, the petitioner has sold the remaining portion of the allotted land and, therefore, is not entitled to an allotment.

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NC: 2024:KHC:38527 WP No. 23785 of 2023

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Be that as it may, whether the petitioner is entitled to an allotment under the regulations of KIADB is a matter that requires consideration by the respondent, KIADB.

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Therefore, it is expedient to dispose of the petition by directing the respondent, KIADB, to consider the representations dated 05.07.2023, 07.08.2023, and 29.08.2023 submitted by the petitioner at Annexures F1, F2, and G in accordance with the existing regulations, and to pass an appropriate order in accordance with the law within three months from the date of receipt of a certified copy of this order.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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TIN

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List No.: 1 Sl No.: 3

Century Drums and Barrels Industry v. the Karnataka Industrial Area Development Board

Case brief

What is this about?

What did the court decide?

Century Drums and Barrels Industry v. the Karnataka Industrial Area Development Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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