The court set aside a general award in land acquisition proceedings to allow the Special Land Acquisition Officer to consider the petitioners' request for a consent award under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966.

Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE IMPUGNED GENERAL AWARD DATED 29.03.2021 BEARING NO. KIADB/METRO/BHU SWA/ NG-R6-UG-P4A, 4B,4C/P31B/P31/C,31/D/2020-21 PASSED BY THE 3RD RESPONDENT ANNEXURE-H, INSOFAR AS IT RELATES TO THE PROPERTIES OF THE PETITIONERS DESCRIBED IN THE SCHEDULE HEREIN AND ETC.

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

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

ORAL ORDER

Learned Additional Government Advocate accepts notice for respondent No.1.

Sri. P. V. Chandrashekar, learned counsel accepts notice for respondents 2 and 3.

Sri. H. L. Pradeep Kumar, learned counsel accepts notice for respondent No.4.

2. Petitioners have challenged the validity of the general award passed by respondent No.3 at Annexure-H insofar as it relates to the properties of the petitioners morefully described in the schedule. Petitioners have also sought for consequential direction to respondent No.3 to consider the case of the petitioners in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act') and to pass consent award insofar as it relates to the lands of the petitioners.

3. The case of the petitioners is that they were willing for a consent award and accordingly, the question of passing of general award does not arise.

4. Learned counsel for the respondent - Karnataka Industrial Area Development Board (KIADB) submits that the petition itself could be disposed of while setting aside the general award insofar as the petitioners is concerned and the respondent - Special Land Acquisition Officer, KIADB would consider the request of the petitioners and pass a consent award as per law.

5. In light of the said stand and taking note of the directions passed in W.P.No.15026/2021, the petition is disposed of as follows:

(i) The impugned general award at Annexure-H dated 29.03.2021 insofar as the petitioners' lands are concerned, is set aside.

(ii) Respondent No.3 is directed to consider the claim of the petitioners for passing of consent award and pass a consent award in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966, within a period of four months from the date of receipt of certified copy of this order.

(iii) It is made clear that, in the event if there is any dispute with regard to entitlement and apportionment of the award amount, the general award at Annexure-H would stand revived.

(iv) Liberty is reserved to the Special Land Acquisition Officer, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to the general award.

(v) Respondents also to consider the request of the petitioners keeping in mind the extent notified in the Corrigendum Notification dated 01.12.2020.

In terms of the above, the petition is disposed of