M. SANDHYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has sought for quashing of the General Award dtd. 8/12/2022 at Annexure-A and has further sought for issuance of order/direction to the respondent No.3 to consider fixing compensation in terms of the agreement under Sec. 29[2] of the Karnataka Industrial Areas Development Act, 1966 [for short 'KIAD Act'] by taking note of the fixation of compensation at Annexure-F.

(2.) The petitioner has stated that he is the owner of site bearing No.47/A, khata No.234, assessment No.52/2, situated at Veerannapalya, Nagawara Dhakle, Kasaba Hobli, Bengaluru North Taluk. It is submitted that the said property was notified by the respondent-authority by Notification dtd. 10/8/2021 under Sec. 28[1] of the KIAD Act and was followed by final Notification dtd. 21/1/2022 under Sec. 28[4] of the KIAD Act.

(3.) The learned counsel for the petitioner submits that the objections filed by the petitioner was only to the effect that the entire property of the petitioner was to be acquired and there was no objection as such. But, however, the respondent-authority without affording the petitioner an opportunity to opt for higher compensation in terms of the compensation by agreement under Sec. 29[2] of the KIAD Act has proceeded to pass General Award.