The court permitted the setting aside of a General Award to allow the acquiring authority to consider a consent award under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966, upon the agreement of the parties.

Digitally signed HALUDODDERI, KORA HOBLI,

by VIJAYA P

Location: HIGH TUMAKURU TALUK-572 128,

COURT OF

KARNATAKA

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) QUASHING THE GENERAL AWARD PASSED BY THE RESPONDENT NO.3 IN NO.KAIDB.LAQ. 2013-14 DATED 20.12.2013 VIDE ANNEXURE- E TO THIS WRIT PETITION IN SO FAR THE 1/4TH SHARE OF 1ST PETITIONER AND 1/4TH SHARE OF PETITIONERS NO.2 AND 3 IN LAND BEARING IN SY.NO.22 MEASURING 4 ACRE 12 GUNTAS SITUATED AT BAHUJANAHALLI VILLAGE, KORA HOBLI, TUMAKURU TALUK AND DISTRICT IS CONCERNED AND ETC.

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

CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

ORAL ORDER

The petitioners have sought for setting aside the General award at Annexure - E insofar as it relates to the 1/4th share of petitioner No.1 and 1/4th share of petitioner Nos.2 and 3 in the land bearing Survey No.22 measuring 4 acres 12 guntas situated at Bahujanahalli Village, Kora Hobli, Tumakuru Taluk and District.

The petitioners have also sought for a direction to respondent No.3 to pass a fresh award.

At the outset, learned counsel for the petitioners submits that insofar as the request for passing of an award under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is concerned, in light of the respondent-KIADB being unwilling, the petitioners would give up the said prayer. The said statement is taken note of.

The petitioners' only grievance is that they were ready for passing of an award in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short ‘the KIAD Act’). Accordingly, they seek for setting aside of the General award with a direction to the respondents to pass an award in terms of Section 29(2) of the KIAD Act.

Learned counsel for the respondent-KIADB submits that the respondents would look into the request of the petitioners and pass a consent award in accordance with law.

In light of the said stand taken by the respondent-KIADB and taking note of the directions passed by this Court in W.P.No.15026/2021, the petition is disposed of as follows:

ORDER

i) The petition is disposed of

ii) The Impugned General Award at Annexure - E insofar as it relates to petitioners' share in the land is concerned, is set aside.

iii) Respondent No.3 shall consider the claim of the petitioners vis-a-vis their respective shares for passing of an award in terms of Section 29(2) of the KIAD Act within a period of four months from the date of receipt of a copy of this order.

iv) It is made clear that in the event any dispute with regard to entitlement and apportionment of the award amount, the General Award at Annexure - E would stand revived.

v) Liberty is reserved to respondent No.3 - Special Land Acquisition Officer - KIADB to withdraw the amount deposited before the Civil Court pursuant to the General Award.