LAKSHMIDEVAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has sought for setting aside of the general award dtd. 15/7/2021 in respect of lands situated in Sy. No. 6/1 measuring 1 acre 22 guntas situated at Thippedasarahalli Village, Kora Hobli, Tumkur Taluk, and has sought for direction in the nature of mandamus directing the respondents to consider the case of the petitioner in terms of Sec. 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'the Act') for passing consent award.

(2.) The Petitioner states that the general award came to be passed on 15/7/2021 pursuant to the preliminary and final notifications fixing the compensation at Rs.3,30,000.00 per acre. It is submitted that though she intends to avail higher compensation by way of agreement under Sec. 29(2) of the Act, in light of the pendency of litigation, she was unable to exercise her option under Sec. 29(2). It is submitted that original suits for partition were pending, which finally came to be disposed off by passing of judgment in R.F.A.No. 2101/2018 c/w 1617/2018 dtd. 29/3/2023. It is further submitted that as on the date of passing of the general award, RFA was pending.

(3.) Heard both sides.