Allowed

Sri Shivalingaiah v. the State of Karnataka

Karnataka HC20 Dec 2024WP/34808/2024

Case brief

AI extract

What is this about?

Landowner challenged KIADB's General Award for his acquired land and sought a consent award under Section 29(2) of the KIAD Act. Accepting counsel's submissions in light of earlier decisions, the Court quashed the award, directed consideration under Section 29(2), and directed disbursal of deposited compensation.

What did the court decide?

General Award dated 19.08.2022 quashed; KIADB directed to consider consent award under Section 29(2) KIAD Act and disburse deposited amount; adverse prior claim revives award.

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

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NC: 2024:KHC:53118 WP No. 34808 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^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.34808 OF 2024 (LA-KIADB)

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BETWEEN:

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SRI. SHIVALINGAIAH S/O LATE BANDIGAIAH, AGED ABOUT 54 YEARS, R/AT INDRANAGARA, SATHANUR HOBLI, KABBAL, KANAKAPURA TALUK, RAMANAGARA - 562 120.

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…PETITIONER

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(BY SRI. LATHA S.S., ADVOCATE)

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

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AND:

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

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KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD

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REP BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER,

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NC: 2024:KHC:53118 WP No. 34808 of 2024

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KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560 001.

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THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO. 39, BHARATH SCOUTS AND GUIDES BUILDING 4^TH FLOOR, PALACE ROAD, BENGALURU - 560 001.

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…RESPONDENTS

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(BY SRI. RAVINDRANATH B., AGA FOR R1; SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 AND R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD BEARING NO. KIADB/LAQ/

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/2022-23 DATED 19.08.2022 PASSED BY THE RESPONDENT NO.3 IN RESPECT OF LAND IN SY.NO. 77/9 TO AN EXTENT OF 11 GUNTAS SITUATED AT MEDAMARANAHALLI VILLAGE, HAROHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DIST, IN SO FAR AS THE PETITIONER IS CONCERNED WHICH ARE PRODUCED AS ANNEXURE-G; AND ETC.

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

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NC: 2024:KHC:53118 WP No. 34808 of 2024

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

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ORAL ORDER

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Heard learned counsel appearing for the parties.

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The grievance of the petitioner is that the land belonging to the petitioner has been acquired by the respondent -KIADB for the purpose of industrial area and the petitioner is seeking quashing of the impugned General Award dated 19.08.2022 (Annexure-G), inter alia, sought for a direction to the respondent - KIADB to pass the consent award under Section 29(2) of the KIAD Act.

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In that view of the matter, accepting the submissions made by the learned counsel appearing for the parties and taking into consideration catena of decisions rendered by this Court in identical circumstances, I pass the following:

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O R D E R

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1) Writ Petition is allowed ;

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Genera Award dated 19.08.2022 passed by the respondent - SLAO in respect of the land

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NC: 2024:KHC:53118 WP No. 34808 of 2024

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of the petitioner herein is concerned, is hereby quashed;

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1. Respondent No.2-Karnataka Industrial Area Development Board 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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1. In the event of there being any adverse claim with regard to subject land belonging to the petitioner prior to the disbursal of the amount, the General Award will be revived automatically;

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Respondent No.2-Karnataka Industrial Area Development Board is directed to withdraw the amount in deposit before the competent Court, if any, and disburse to the petitioner in terms of the observation made above in accordance with law.

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SD/(E.S.INDIRESH) JUDGE

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sac List No.: 1 Sl No.: 14

Sri Shivalingaiah v. the State of Karnataka

Case brief

What is this about?

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Sri Shivalingaiah v. the State of Karnataka

Case brief

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