Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:118 WP No. 19843 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 19843 OF 2024 (LA-KIADB) BETWEEN:
MUNIYAMMA W/O LATE D. SONNAPPA AGED ABOUT 61 YEARS R/O KURUGAL VILLAGE VEMGAL HOBLI, KOLAR TALUK KOLAR - 563 102. …PETITIONER (BY SRI. B MANJUNATH., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVT., DEPARTMENT O INDUSTRIES AND COMMERCE DEPARTMENT M S BUILDING BANGALORE - 560 001.
2.
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER NO.39, SHANTHI GRUHA, 4TH FLOOR BHARAT SCOUTS AND GUIDES BUILDING PALACE ROAD, BANGALORE - 560 001.
3.
THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL DEVELOPMENT BOARD NO.39, SHANTHI GRUHA, 4TH FLOOR BHARAT SCOUTS AND GUIDES BUILDING PALACE ROAD, BANGALORE - 560 001. …RESPONDENTS
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:118 WP No. 19843 of 2024
(BY SMT. B. SUKANYA BALIGA AGA FOR R1;
SRI. GOPAL V. BILALMANE.,ADVOCATE FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE GENERAL AWARD DATED 30.12.2013 AT ANNEXURE-A BEARING NO.KIADB.L.A.Q. 2013-14 PASSED BY THE R3 UNDER SECTION 11 OF THE LAND ACQUISITION ACT 1984 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER Sri. Gopal V. Bilalmane, learned counsel undertakes to appear for respondent Nos.2 and 3.
2. Petitioner claiming to be the owner of land in Sy.No.60/5 measuring 19 guntas situated at Kurgal Village, Vemgal Hobli, Kolar Taluk which has been acquired by respondent No.2 in terms of notification dated 06.07.2010 and 09.09.2011 is before this Court in this petition seeking quash of award dated 30.12.2013 and for direction to the respondents to pass the award under the provisions of Section 29(2) of the Karnataka Industrial Area Development Act, 1966.
3. Sri. Gopal V. Bilalmane, learned counsel for the respondents-KIADB submits that since there was a private
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NC: 2025:KHC:118 WP No. 19843 of 2024
dispute with regard to the property subject matter of the petition, general award as per Annexure-A has been passed and now that since the dispute has been resolved by dismissal of suit in O.S.No.550/2013, in terms of the judgment and decree dated 11.08.2023 as per Annexure-B and that since the petitioner is ready and willing to accept the compensation in terms of the Section 29(2) of the Karnataka Industrial Area Development Act, 1966, her representation in this regard will be considered in accordance with law.
4. Submission is taken on record.
5. Accordingly, following:
ORDER (i). Writ petition is allowed in part. (ii). Impugned General Award dated 30.12.2013 produced at Annexure-A passed by the respondent No.2-KIADB insofar as the property of the petitioner herein is concerned, is hereby quashed.
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NC: 2025:KHC:118 WP No. 19843 of 2024
(iii). Respondent No.2 is directed to consider the case of the petitioner herein in terms of the Section 29(2) of the Karnataka Industrial Area Development Act, 1966, upon the petitioner satisfying all the requirement thereof. Needless to state that in the event of any dispute, the general award would stand restored. (iv). Respondent No.2 is directed to withdraw the amount in deposit before the Competent Court, if any, and disburse to the petitioner herein, in terms of the observation made above, in accordance with law.
Sd/- (M.G.S. KAMAL) JUDGE
RL List No.: 1 Sl No.: 28