HANUMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners have sought for quashing of the general awards dtd. 2/3/2021 as per Annexures-A and A1 passed by respondent No.3 in respect of lands bearing Sy. No. 91/3 measuring 1 acre 4 guntas, Sy. No.91/4 measuring 1 acre 22 guntas, Sy. No.91/8 measuring 13 guntas and Sy. No.130 measuring 1 acre situated at Mindahalli Village, Kasaba Hobli, Malur Taluk, Kolar District. Petitioners have also sought for issuance of writ in the nature of mandamus directing respondents to consider the case of petitioners as per Sec. 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'the Act') for passing the consent award in respect of petitioners' lands are concerned.

(2.) It is submitted that pursuant to the preliminary notification dtd. 13/3/2012 passed under Sec. 28(1) of Act, wherein the lands belonging to petitioners had been notified, the final notification came to be passed on 28/7/2020 under Sec. 28(4) of the Act. It is further submitted that the respondent - Authority without issuing notice under Ss. 9 and 10 of the Land Acquisition Act has passed the general awards as per Annexures-A and A1. Petitioners submit that they were not notified of the same and that they desire to have better benefits by approaching the respondent - Authority and seek for passing of consent award.

(3.) Learned counsel for the petitioners submits that petitioners do not intend to challenge the award but intend to avail benefits as are applicable in case they opt for passing of consent award.