Allowed

Sri Gangaswamy @ Gangaswamaiah v. State of Karnataka

Karnataka HC10 Dec 2024WP/4959/2024

Case brief

AI extract

What is this about?

Landowner sought quashing of the General Award passed by KIADB for acquired land in Obalapura village, seeking consideration of a Consent Award under Section 29(2) of the KIAD Act. The Court allowed the petition, quashed the award qua his land, with a revival clause for adverse claims.

What did the court decide?

General Award dated 07.12.2022 quashed qua petitioner's lands (Sy.No.18/1A and Sy.No.69/1); SLAO permitted to withdraw deposited amount and disburse to petitioner; award revives if adverse claims aris

Sri Gangaswamy @ Gangaswamaiah Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:50900 WP No. 4959 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^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. 4959 OF 2024 (LA-KIADB)

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BETWEEN:

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SRI. GANGASWAMY @ GANGASWAMAIAH, S/O LATE THIMMA HANUMAIAH, AGED ABOUT 75 YEARS, R/O OBALAPURA VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT.

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…PETITIONER

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(BY SRI. S.G. HEGDE, 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, BANGALORE - 560 001.

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

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2 - NC: 2024:KHC:50900 WP No. 4959 of 2024

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THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO. 14/3, 2ND FLOOR, RP BUILDING, NRUPATHUNGA ROAD, BENGALURU - 560 001.

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SMT. LAKSHMAMMA, W/O LATE SIDDAPPA, D/O LATE KEMPAIAH, AGED ABOUT 97 YEARS, R/O GOWDAIAHNA PALYA, BANAWADI POST, SIRAGANAHALLI DHAKALE, SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT.

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…RESPONDENTS

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(BY SRI. MANJUNATH K, HCGP FOR R1; SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 AND R3; SRI. B. SATEESH, ADVOCATE FOR R4)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED GENERAL AWARD DATED 7.12.22 VIDE ANNEXUREE BEARING NO. KIADB/LAQ/975/2022-23 PASSED BY THE R3 AUTHORITY IS SO FAR AS IT RELATES TO THE LANDS OWNED BY THE PETITIONER BEARING SY.NO.18/IA MEASURING TO AN EXTENT OF 01 ACRE 10 AND SY NO. 69/1 MEASURING TO AN EXTENT OF 03 ACRE 30 GUNTAS SITUATED AT OBALAPURA VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT AND ETC.,

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3 - NC: 2024:KHC:50900 WP No. 4959 of 2024

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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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Heard the learned counsel appearing for the parties.

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In this writ petition, it is the case of the petitioner that, the land belonging to the petitioner has been acquired by the respondent-authorities for the purpose of establishment of industrial area and thereby, the respondent-authorities has passed the General Award dated 07.12.2022 (Annexure-E), however, the petitioner is willing for consideration of the case of the petitioner for passing Consent Award under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short, KIAD Act).

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In that view of the matter, taking into consideration the grievance of the petitioner is concerned and also in the catena of decisions, this Court has considered such plea made by the petitioner therein, the writ petition filed by the petitioner is to be accepted. Accordingly, I pass the following:

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NC: 2024:KHC:50900 WP No. 4959 of 2024

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ORDER

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i. Writ petition is allowed .

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ii. General Award dated 07.12.2022 (Annexure-E) passed by respondent No.3, insofar as the land belonging to the petitioner is concerned is hereby quashed.

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

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iv. 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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PK List No.: 1 Sl No.: 49 CT: BHK

Sri Gangaswamy @ Gangaswamaiah v. State of Karnataka

Case brief

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Sri Gangaswamy @ Gangaswamaiah v. State of Karnataka

Case brief

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