Allowed

Sri Madaiah v. State of Karnataka

Karnataka HC13 Dec 2024WP/33826/2024

Case brief

AI extract

What is this about?

Landowner challenged a general acquisition award for an industrial area insofar as it covered his land, expressing willingness to accept a consent award. The High Court quashed the award qua his land and directed consideration under Section 29(2) KIAD Act.

What did the court decide?

General Award dated 31.07.2024 quashed qua petitioner's land; R3 directed to consider consent award under S.29(2) KIAD Act; deposited amount permitted to be withdrawn and disbursed to petitioner.

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

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1 - NC: 2024:KHC:51443 WP No. 33826 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 33826 OF 2024 (LA-KIADB)

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BETWEEN:

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SRI. MADAIAH S/O PAPAIAH, AGED ABOUT 63 YEARS, R/O GOTTIGERE VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 111.

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…PETITIONER

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(BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE)

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AND:

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Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU-560 001.

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KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, A GOVERNMENT OF KARNATAKA UNDERTAKING, NO. 14/3, 2^ND FLOOR, RP BUILDING, NRUPATHUNGA ROAD, BENGALURU-560 001. REPRESENTED BY ITS JOINT DIRECTOR AND CHIEF EXECUTIVE OFFICER

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NC: 2024:KHC:51443 WP No. 33826 of 2024

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THE SPECIAL LAND ACQUISITION OFFICER-I (BMICP) AND BENGALURU RURAL, NELAMANGALA TALUK, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO. 14/3, 2^ND FLOOR, RP BUILDING, NRUPATHUNGA ROAD, BENGALURU 560 001.

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…RESPONDENTS

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(BY SRI. RAVINDRANATH B., AGA FOR R1; SRI. DILDAR SHIRALLI, ADVOCATE FOR R2 AND R3)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED GENERAL AWARD DATED. 31.07.2024 VIDE ANNEXURE-F BEARING NO. KIADB/LAQ/567/2024-25 PASSED BY THE R-3 AUTHORITY IN SO FAR AS IT RELATES TO THE LAND OWNED BY THE PETITIONER BEARING SY.NO. 77 MEASURING TO AN EXTENT OF 30 GUNTAS SITUATED AT GOTTIGERE VILLAGE, SOMPURA HOBLI, NELAMANGAL TALUK, BANGALORE RURAL DISTRICT AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE E.S.INDIRESH

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ORAL ORDER

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Sri Ravindranath B, learned AGA accepts notice for respondent No.1. Sri Dildar Shivalli, learned counsel accepts notice for respondents 2 and 3.

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NC: 2024:KHC:51443 WP No. 33826 of 2024

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In this writ petition, the grievance of the petitioner is that the land belonging to the petitioner has been acquired by the respondent-authorities for the purpose of establishment of Industrial Area and Annexure-F dated 31.07.2024 is passed by the respondent authorities. It is stated in the writ petition that petitioner is willing for consent award that may be passed by the respondentauthorities.

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In that view of the matter, this Court in several writ petitions has considered similar cases and therefore, I pass the following order :-

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a. Writ petition is allowed;

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b. Certiorari is issued, the General Award bearing No.KIADB:LAQ.No.567/2024-25 dated 31.07.2024 passed by 3rd respondent at Annexure – F insofar as the property of the petitioner is concerned is hereby quashed;

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c. Respondent No.3 is directed to consider the case of the petitioner in terms of Section 29(2) of the KIAD Act upon the petitioner satisfying all the requirements thereof;

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NC: 2024:KHC:51443 WP No. 33826 of 2024

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d. In the event of there being any claims adverse as regards the petitioner in respect of the said lands prior to the disbursal of the amount, the General Award will come back automatically into force.

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e. Respondent No.3 is permitted to withdraw the amount in deposit and disburse to the petitioner.

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SD/(E.S.INDIRESH) JUDGE

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List No.: 1 Sl No.: 30

Sri Madaiah v. State of Karnataka

Case brief

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Sri Madaiah v. State of Karnataka

Case brief

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