Smt Rajamma Vs the Spl Land Acquisition Officer

THE SPL. LAND ACQUISITION OFFICER GRADE-II, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.39, SHANTHIGRUHA, BHARATH SCOUTS AND GUIDES BUILDING 4^TH FLOOR, PALACE ROAD, BENGALURU - 560 001.

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SMT. PARVATHAMMA W/O LATE ASHWATHAPPA AGED ABOUT 70 YEARS

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A. SOMASHEKAR S/O LATE ASHWATHAPPA AGED ABOUT 47 YEARS

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A. RAVI S/O LATE ASHWATHAPPA AGED ABOUT 45 YEARS

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NOS.2 TO 4 ARE RESIDING AT OBALAPURA VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562123

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…RESPONDENTS

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(BY SRI. GOPAL V. BILALMANE, ADV. FOR R1; V/O DTD. 06.12.2024, NOTICE TO R2 TO R4 IS D/W)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 FOR DISBURSING THE 50 PERCENT SHARE OF THE LAND ACQUIRED AMOUNT MADE AT ANNX-A i.e. ACQUIRED BY THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD IN REF.NO. KIADB/LAQ/2135/2023-24 DTD. 12.06.2023 AND ALSO THE JUDGMENT AND DECREE PASSED IN O.S.NO. 558/2022 DTD. 02.09.2024 AT ANNX-B PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AT NELAMANGALA AND ALSO REPRESENTATION DTD. 06.11.2024 ANNX-C GIVEN TO R-1.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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NC: 2025:KHC:3477 WP No. 32907 of 2024

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ORAL ORDER

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The petitioners are before this Court claiming to be the joint owners of the land bearing Sy.No.68/3 measuring 1 acre 37 guntas situated in Obalapura village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, which was the subject matter of the suit in O.S.No.558/2022 on the file of the Senior Civil Judge and J.M.F.C., at Nelamangala, which has been decreed holding the petitioners be entitled for half of the share therein and the said decree has attained finality.

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The petitioners are before this Court seeking the following reliefs:

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"a) Issue a writ of mandamus directing the 1^st respondent for disbursing the 50% share of the land acquired amount made at annexure 'A' i.e. acquired by the Karnataka Industrial Area Development Board in Ref.no.KIADB/LA/2135/2023-24 dated: 12-06-2023 and also the judgment and decree passed in O.S.No.558/2022 dated 02-09-2024 at AnnexureB, passed by the Senior Civil Judge and JMFC at Nelamangala and also representation dt.06.11.2024 at Annexure - C given to Ist respondent.

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b) Grant any such other order/s, relief/s, direction/s as required in the circumstances of the case including the cost of this writ petition."

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NC: 2025:KHC:3477 WP No. 32907 of 2024

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The learned counsel for the petitioners submit that

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the aforesaid lands were acquired by the respondent - KIADB in terms of the preliminary notification dated 25.08.2021 and the final notification dated 04.01.2021 and a general award has been passed. Since the suit for partition had been decreed holding that the petitioners were entitled for 50% of the property, they are willing to accept the compensation in terms of Section 29(2) of the Karnataka Industrial Areas Development ACT, 1966 (for short 'KIAD Act'). Hence, seeks for the necessary direction.

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Learned counsel for the respondent - KIADB on the other hand would submit that the general award had been passed in view of the dispute between the petitioners and the private respondents.

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Now the petitioners submit that the decree had been passed holding petitioners be entitled for 50% of the acquired property. The respondent - KIADB is determined to consider by paying compensation to the petitioners in terms of Section 29(2) of the KIAD Act.

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The submission is taken on record.

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NC: 2025:KHC:3477 WP No. 32907 of 2024

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In view of the above, following;

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ORDER

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(a). Writ petition is disposed of.

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(b). Impugned General Award dated 07.12.2022 passed by the respondent No.1KIADB insofar as the property of the petitioners herein is concerned, is hereby quashed.

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(c). Respondent No.1 is directed to consider the case of the petitioners herein in terms of the Section 29(2) of the Karnataka Industrial Area Development Act, 1966, upon the petitioners satisfying all the requirement thereof. In the event of there being any adverse claim in respect of the subject land prior to the award amount, the general award will revive automatically.

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(d). Respondent No.1 is directed to withdraw the amount in deposit before the Competent Court, if any, and disburse to the petitioners herein, in terms of the observation made above, in accordance with law.

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SD/(M.G.S. KAMAL) JUDGE

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KG, List No.: 1 Sl No.: 10

Smt Rajamma v. the Spl Land Acquisition Officer

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Smt Rajamma v. the Spl Land Acquisition Officer

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