PRESENT THE HON'BLE MR. N v. ANJARIA, CHIEF JUSTICE AND THE HON'BLE
Case Details
- 1 - NC: 2025:KHC:16959-DB WA No. 10 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT APPEAL NO. 10 OF 2025 (LA-KIADB) BETWEEN: 1. SRI SATEESH KUMAR H., SON OF LATE HANUMANTHAIAH, AGED ABOUT 44 YEARS,
Legal Reasoning
2. SRI MANOJ KUMAR H., S/O. LATE HANUMANTHAIAH, AGED ABOUT 40 YEARS BOTH ARE RESIDING AT NO. 880, GANAPATI TEMPLE ROAD, NGO'S COLONY BASAVESHWARA NAGAR, BENGALURU - 560 079. (BY SRI HEGDE SHRIPAD GANGADHAR, ADVOCATE) …APPELLANTS Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001. - 2 - NC: 2025:KHC:16959-DB WA No. 10 of 2025 2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.14/3, 2ND FLOOR, RASHROTHANA PARISHAT BUILDING NRUPATHUNGA ROAD, BANGALORE - 560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER, KIADB-II (BMICP) AND BENGALURU RURAL, NO.14/3, 1ST FLOOR, RASHROTHANA PARISHAT BUILDING NRUPATHUNGA ROAD, BANGALORE - 560 001. 4. SRI ASHOK KUMAR V., SON OF LATE VENKATAIAH T K, AGED ABOUT 58 YEARS, RESIDING AT NO.9, 1ST MAIN ROAD, KAREKALLU KAMAKSHIPALYA KHB COLONY BASAVESHWARA NAGAR BENGALURU - 560 079. 5. SRI MOHAN KUMAR V., SON OF LATE VENKATAIAH T K, AGED ABOUT 52 YEARS, RESIDING AT NO.9, 1ST MAIN ROAD, KAREKALLU KAMAKSHIPALYA KHB COLONY BASAVESHWARA NAGAR BENGALURU - 560 079. 6. SMT. JAYAMMA WIFE OF SRI B.K. KEMPAIAH, AGED 71 YEARS, RESIDING AT NO.34, 1ST MAIN 2ND CROSS, KRISHNANANDNAGARA, KHB COLONY NANDINI LAYOUT BENGALURU - 560 079. - 3 - NC: 2025:KHC:16959-DB WA No. 10 of 2025 7. SMT. K. KANTHAMMA WIFE OF SRI CHANDRASHEKHAR M., AGED 63 YEARS, RESIDING AT NO.16, 3RD CROSS, DEVAPPA GARDEN, NAGASHETTIHALLI, RMV 2ND STAGE, BENGALURU - 560 094. 8. SMT. SHARADA WIFE OF SRI NARASIMHAMURTHY, AGED 57 YEARS, RESIDING AT NO.175, MNT LAYOUT, NEAR POLICE STATION, DASANAPURA HOBLI, BENGALURU - 562 162. …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE, SRI S.S. MAHENDRA ADVOCATE FOR R6 TO R8) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SETTING ASIDE THE ORDER DATED 12/11/2024 PASSED IN WP NO.10313/2024 ON THE FILE OF THIS HONBLE COURT AND FURTHER PLEASED TO
Decision
DISMISS THE WRIT PETITION NO.10313/2024 AND ETC,. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:16959-DB WA No. 10 of 2025 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. Hegde Shripad Gangadhar for the appellants, learned Additional Government Advocate Mr. K.S. Harish for respondent No.1-State and learned advocate Mr. S.S. Mahendra for respondent Nos. 6 to 8. 2. The appellants herein are the original respondent Nos.6 and 7 in the petition, who have challenged the judgment and order of learned Single Judge dated 12.11.2024 whereby, the petition by the original petitioners-respondent Nos.6 to 8 herein came to be allowed. 2.1 Learned Single Judge set aside the consent award dated 09.11.2023 and the private respondent Nos.4 to 7 were directed to redeposit the amount before respondent No.3-the Karnataka Industrial Areas Development Board (KIADB). The KIADB in turn, was required to deposit the same before the civil court for - 5 - NC: 2025:KHC:16959-DB WA No. 10 of 2025 adjudication with regard to the apportionment of compensation. The amount was required to be deposited by the private respondents within stipulated time. 2.2 Original petitioners-Smt. Jayamma and others, in their petition sought direction against respondent No.3-The Special Land Acquisition Officer to recover and redeposit the amount of compensation which was determined and disbursed in favour of respondent Nos.4 to 7. 3. The case of the petitioners was that the grandfather of the petitioners, late Kempaiah was the owner of land Survey No. 66/3 admeasuring 35 Guntas and Survey No.221 admeasuring 2 Acres of Obalapura Village, Nelamangala Taluka, Bengaluru Rural District. The lands were acquired by the KIADB for the purpose of multi-model logistics park. The name of the petitioners were not notified in the process of acquisition, therefore, they made a representation dated 31.01.2023 seeking apportionment of the compensation with regard to the acquired lands along with respondent Nos.4 to 7. However, the authority passed the order dated 09.11.2023 awarding the compensation only in favour of - 6 - NC: 2025:KHC:16959-DB WA No. 10 of 2025 respondent Nos.4 to 7. It was the said order dated 09.11.2023, which came to be challenged by the petitioners-heirs of the original owner before learned Single Judge seeking a writ of mandamus. 3.1 The case of the petitioners is that though they are the legal heirs of the original owner of the land in question, without their consent and notice, the KIADB passed the order dated 09.11.2023 under Section 29(1) of the Karnataka Industrial Areas Development Act, 1966, proceeded to determine the compensation which was paid to the private respondents. 3.2 In course of the hearing of the petition before learned Single Judge, as recorded by learned Single Judge in paragraph 6 of the order, the respondents had agreed that they shall redeposit the sum of Rs.26,35,416/- within two weeks towards the alleged share of the petitioners and that the matter may be referred to the civil court for further determination. 3.3 The stand of the KIADB was that the amount of compensation has been disbursed and that the KIADB has to pay Rs.39,96,200/- to the petitioners as well as to the private - 7 - NC: 2025:KHC:16959-DB WA No. 10 of 2025 respondent Nos.4 and 5 jointly, which is the balance amount available with the KIADB. Be that as it may. 4. Learned Single Judge, while allowing the petition held that the dispute was raised by the legal heirs of the original owner-late Kempaiah and the dispute was about the disbursement of the compensation concerned. The petitioners have been claiming their share in capacity of legal heirs. 4.1 The consent award was set aside and the KIADB was directed to refer the matter to the civil court for further action. Insofar as disbursement of the compensation was concerned, learned Single Judge proceeded to observe that it was the civil court only which would determine the rights of the parties. 5. In the facts of the case, the consent award dated 09.11.2023 was passed and the private respondent Nos.4 to 7 were required to redeposit the amount before the KIADB, which shall be deposited before the civil court where adjudication may take place. 6. This court is entirely in agreement with the view taken by learned Single Judge and the reasons supplied by him while - 8 - NC: 2025:KHC:16959-DB WA No. 10 of 2025 allowing the petition. No error is booked in the judgment and order of learned Single Judge. 7. The challenge fails. The present appeal is accordingly dismissed. In view of dismissal of the appeal, any interlocutory application that may be pending would not survive and stands accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE KPS List No.: 1 Sl No.: 11