Petitioner challenged a KIADB general award over his land and sought consideration under Section 29(2). Court quashed the award and endorsement, directed respondent to consider consent award, with revival of the award if adverse claims arise.
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NC: 2024:KHC:51716 WP No. 33900 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 33900 OF 2024 (LA-KIADB)
BETWEEN:
SRI BASAVARAJAPPA, S/O LATE SANGAPPA, AGED ABOUT 74 YEARS, R/AT SINGAHALLI VILLAGE, VEMAGAL HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563102.
…PETITIONER
(BY SRI VINOD REDDY V., ADVOCATE)
AND:
Digitally signed by VEERENDRA KUMAR K M Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI RAVINDRANATH B., AGA FOR R1; SRI P.V.CHANDRASHEKAR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD PASSED ON 30.12.2013 BEARING NO. KIADB.L.A.Q.NIL/2013-2014 ISSUED BY THE R-2 VIDE ANNEXURE-C INSOFAR AS THE PETITIONER'S LANDS ARE CONCERNED AND ETC.
THIS WRTI PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL ORDER
Learned AGA accepts notice for respondent no.1. Sri. P.V. Chandrashekar, learned counsel accepts notice for respondent no.2.
record as the petitioner is willing for passing of the consent award under Section 29(2) of KIADB Act and taking into account the averments made in the writ petition, I am of the view that writ petition deserves to be allowed and accordingly I pass the following:
ORDER
Writ petition is allowed.
a. General award dated 30.12.2013 passed
by respondent no.2 (Annexure ’C’) and Endorsement dated 05.12.2023 (Annexure ‘F’) are hereby quashed.
b. Respondent No.2 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.
c. 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
NC: 2024:KHC:51716 WP No. 33900 of 2024
amount, the general award will come back automatically into force.
d. Respondent No.2 is permitted to
withdraw the amount in deposit and disburse to
the petitioner.
Sd/(E.S.INDIRESH) JUDGE
SD List No.: 1 Sl No.: 12
1 issue framed by the court
Whether the general award dated 30.12.2013 and the endorsement dated 05.12.2023 relating to the petitioner's land should be quashed in favour of a consent award under Section 29(2) of the KIADB Act.
2 provisions across 2 enactments
Sri Basavarajappa
The State of Karnataka, Department of Industries and Commerce
The Special Land Acquisition Officer, Karnataka Industrial Areas Development Board
E.S. Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
