NARASAMMA Vs. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD

JUDGEMENT

(1.) THE petitioners in all these writ petitions are claiming to be the holders of an agreement executed by the landowners agreeing to sell certain lands in their favour for consideration. Before the performance of the contract as per the above said agreement by either of the parties, the lands in question were acquired by the State Government under the provisions of the Karnataka Industrial Area Development Act. In view of this acquisition of the lands there cannot be any specific performance of the contract by the landowner even assuming that the petitioners were to file suits for specific performance of the contract.

(2.) THE Land Acquisition Officer, on the basis of the preliminary notification ssued under the above said enactment has passed an award determining the market value of the lands in question. Subsequent to the passing of the award, the petitioners have made application for reference under Section 30 read with Section 31 of the Land Acquisition act to the Civil Court claiming that they are also entitled for compensation as they have paid part of the consideration under the agreements of sale. Since no orders have been passed on their applications, the petitioners are before this Court seeking for a direction to the Land Acquisition Officer to refer the dispute under Section 30 of the Act.

(3.) SRI Sharma, learned Counsel appearing for certain owners submitted that the petitioners who claim to have derived right under the agreements of sale, have lost their right to execute and therefore, they have no right to ask for reference under Section 30 of the Act. He further submits that since the petitioners have not filed any suits for recovery of money, they are not entitled for any compensation from out of the compensation awarded in favour of the landowners. Sri Hinchegeri, learned counsel appearing for the Board submitted that as there are innumerable claims by the land-grabbers, agreement holders and power of attorney holders, the Land Acquisition Officer was instructed not to refer the matter to the Civil Court on the applications filed or to be filed seeking for a reference under Section 30 of the Act.