RAMESH.B.RAMANAGOUDAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned petition is filed by the land losers feeling aggrieved by the inaction on the part of respondents in not passing award for having acquired the land bearing Survey No.618/1 measuring 8 acres 11 guntas.

(2.) The facts leading to the case are as under: The petitioners are owners of the land bearing Sy.No.618/1 measuring 8 acres 11 guntas which is acquired by the second respondent-Board through notification issued under Sec. 28(1) of the Karnataka Industrial Area Development Board Act, 1966 (for short ' 1966 Act') on 11/12/2009 and final notification under Sec. 28(4) was issued as 21/1/2016. The respondent - authorities formed Committee to determine the price of the land under Sec. 29(2) of the 1966 Act. The petitioners are not willing to accept the price fixed by the Committee and therefore, the Deputy Commissioner informed the Committee that where the land owners have not consented for the price fixed by the Committee, a general award would be passed. Though these proceedings are dtd. 29/12/2016, respondent No.3 has failed to pass the award and determine the compensation for having acquired the lands of the petitioners. It is the further case of the petitioners that the Special Deputy Commissioner, Karnataka Industrial Area Development Board has recommended for fixation of revised price in terms of the resolution of the Board dtd. 19/9/2020.

(3.) Feeling aggrieved by the inaction of the respondent-authorities in not passing award, the petitioners approached this Court and this Court allowed the writ petition filed in W.P.103116/2021 and a direction was issued to consider the representation submitted by the petitioners and pass general award. The petitioners' claim that they are entitled for compensation in terms of The Right To Fair Compensation and Transparency In The Land Acquisition, Rehabilitation And Settlement Act, 2013 (for short "2013 Act"). Therefore, feeling aggrieved by the non passing of the award by the third respondent, the petitioners have again knocked the doors of the writ Court.