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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF AUGUST, 2021

BEFORE

THE HON’BLE MR.JUSTICE R DEVDAS

WRIT PETITION NO.15309 OF 2021 (LA-KIADB)

BETWEEN

MUNI REDDY,

S/O OBALAREDDY,

AGED 72 YEARS,

NO 85/8, KAVERAPPA LAYOUT ENTRANCE,

PANATHUR MAIN ROAD,

KADUBEESANAHALLI VILLAGE,

VARTHUR HOBLI,

BENGALURU-560103

…PETITIONER

(BY SRI. SHARANABASAV MAJJIGE, ADVOCATE)

AND

1.

THE STATE OF KARNATAKA,

BY ITS SECRETARY,

DEPARTMENT OF COMMERCE AND INDUSTRIES,

VIDHANA SOUDHA,

BANGALORE 560001.

2.

KARNATAKA INDSUTRIAL AREAS

DEVELOPMENT BOARD

REP. BY ITS CHIEF EXECUTIVE OFFICER AND

EXECUTIVE MEMBER,

KHANIJA BHAVANA, RACE COURSE ROAD,

BENGALURU – 560 001.

3.

THE SPECIAL LAND ACQUISITION OFFICER -2,

KARNATAKA INDUSTRIAL AREAS

DEVELOPMENT BOARD

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MAHARSHI ARVIND BHAVAN,

1^ST FLOOR, NRUPATHUNGA ROAD,

BANGALORE-560 001.

…RESPONDENTS

(BY SRI.A.C.BALARAJ, AGA FOR R-1,

SRI.H.L.PRADEEP KUMAR, ADVOCATE FOR R2 AND 3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

GENERAL AWARD DATED:05.02.2018 PASSED BY THE R-3 IN

RESPECT OF LAND TO AN EXTENT OF 0-11 GUNTAS OF LAND IN

SY.NO.147/6 SITUATED AT AMANI BELLANDUR KHANE VILLAGE,

VARTHUR HOBLI, BANGALORE EAST TALUK, IN SO FAR AS THE

PETITIONER IS CONCERNED VIDE ANNX-F AND ETC.

THIS WRIT PETITION IS COMING ON FOR ORDERS THIS

DAY, THE COURT MADE THE FOLLOWING:

ORDER

R. DEVDAS J., (ORAL):

Learned AGA waives notice for respondent No.1.

2.

Learned counsel Sri.H.L.Pradeep Kumar, who is

present before this Court, accepts notice for respondent Nos.2

and 3.

3.

The

petitioner’s

property

bearing

Sy.No.147/6,

measuring 11 guntas, situated at Amani Bellandur Khane Village,

Varthur Hobli, Bangalore East Taluk, was notified for acquisition

by State Government for the benefit of respondent No.2-KIADB.

The grievance of the petitioner is that, while the General Award

passed by the respondent No.3-Special Land Acquisition Officer-

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NIMZ was questioned by some of the landlords, this Court in the

Smt.Rathnamma

Vs.

The

State

of

Karnataka

in

W.P.No.31702/2018, by order dated 29.11.2018 has set aside

the General Award and directed the respondents to consider the

claim of the petitioner under Section 29(2) of the KIADB Act,

1966, within a period of two months. Therefore, it is the prayer

of the petitioner that similar orders may be passed in this writ

petition to set aside the General Award and direct the respondent

authorities to consider claim for compensation under Section

29(2) of the Act.

4.

The submission of the learned counsel for petitioner

is not controverted at the hands of the respondents.

Consequently, this Court proceeds to pass the following:-

ORDER

(i)

Writ Petition is hereby allowed.

(ii)

The impugned General award at Annexure-F dated

05.02.2018 is hereby quashed.

(iii)

Respondent No.3 (SLAO) is hereby directed to

considered the claim of the petitioner under

Section 29(2) of the KIADB Act, 1966 within a

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period of four months from the date of receipt of

copy of this order.

(iv)

It is made clear that in the event, if any dispute

arises

with

regard

to

entitlement

and

apportionment of the award amount, the General

award at Annexure-F which has been quashed by

this Court would revive.

(v)

Liberty is reserved to Spl.LAO, KIADB to withdraw

the amount, if deposited before the Civil Court

pursuant to General award.

SD/-

JUDGE

rv