HARISHA R. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is stated to be the owner of an extent of 33 guntas in Sy. No. 38/3 situated at Mavinakommanahalli Village, Tyamagondlu Hobli, Nelamangala Taluk, Bangalore Rural District. It is submitted that the respondent - KIADB has notified the said property for the purpose of "Multi- Model Logistrics Park (MMLP)" as per the notification dtd. 11/8/2021. Subsequently, a general award had been passed on 12/1/2023 insofar as the petitioner's land is concerned.

(2.) Learned counsel for the petitioner submits that though the petitioner had intended to avail higher compensation under the package scheme, in light of the pendency of O.S.No.273/2010 petitioner could not opt for package scheme as it had required the consent of all others concerned. It is made out from the facts that the final decree proceedings were initiated in F.D.P.No.4/2016 against the decree passed in O.S.No.273/2010 and the said final decree proceedings came to be withdrawn on 1/6/2023, settling the matter with the other parties whereby the rights have devolved solely on the petitioner.

(3.) Thereafter, the petitioner has sought for setting aside of the general award and has sought for compensation by agreement under the package scheme in terms of Sec. 29(2) of the Karnataka Industrial Areas Development Act.