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2025 DAILYLAW 33493 (KAR)

SMT NAGAMMA v. THE STATE OF KARNATAKA

WP/28147/2024 · 2025-02-07

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:5642 WP No. 28147 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 28147 OF 2024 (LA-KIADB) BETWEEN: SMT NAGAMMA D/O LATE MUNIRAMAIAH, W/O LATE SHANKARAPPA, AGED ABOUT 42 YEARS, R/AT MINDAHALLI VILLAGE, KASABA HOBLI, BHAVANAHALLI POST, MALUR TALUK, KOLAR DISTRICT. …PETITIONER (BY SRI. LOKESHA MURTHY M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKAS SOUDHA, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KANIJA BHAVANA, BENGALURU-560 001 REP BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER. 3. THE SPECIAL LAND ACQUISITION OFFICER-I THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.39, 4TH FLOOR, SHANTHI GRUHA, BHARATH SCOUTS AND GUIDES BUILDING, PALACE ROAD, BENGALURU-560 001. …RESPONDENTS Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:5642 WP No. 28147 of 2024 (BY SMT. B. SUKANYA BALIGA AGA FOR R1; SRI. ASHWINI L RAJ.,ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED GENERAL AWARD DATED 03.11.2023 PASSED BY THE R- 3 SPECIAL LAND ACQUISITION OFFICER-I WHICH IS AT ANNEXURE- F AND PERMIT HER TO GO FOR THE CONSENT AWARD IN RESPECT OF THE LAND BELONGING TO THE PETITIONER. 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 Petitioner is before this Court being aggrieved by the General Award dated 03.11.2023 passed respondent No.3- SLAO and directing the respondent-Authorities to pass the consent award in terms of Section 29(2) of the Karnataka Industrial Area Development Act, 1966. 2. Admittedly, suit in O.S.No.244/2021 is pending consideration on the file of Senior Civil Judge and JMFC, Malur between the petitioner and the other family members for the relief of partition in which, amongst others, the petition schedule property is also included. - 3 - NC: 2025:KHC:5642 WP No. 28147 of 2024 3. In that view of the matter, no fault can be found with the respondent-Authorities in passing of the general award. 4. It is made clear that in the event said suit being disposed of, in the manner known to law or in the event of contesting parties therein arrive at any settlement to obtain the compensation payable by the respondent-authorities, it is open for the petitioner to make a fresh representation in that event, the same may be considered by the respondent- KIADB in accordance with law. With the above observation, petition is disposed of. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 22