JAYARAMU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is stated to be the owner of an extent of 2 acres 15 guntas in Sy. No. 6/2 situated at Gowdanahalli Village, Bellavi Hobli, Tumkur Taluk, Tumkur District, has filed the present petition and has sought for setting aside of the general award dtd. 26/7/2019 passed by respondent No.3 as regards an extent of 2 acres 15 guntas and to permit the petitioner to avail the benefit of higher compensation by way of agreement in terms of Sec. 29(2) of the Karnataka Industrial Areas Development Act (for short 'the Act').

(2.) Learned counsel for the petitioner submits that though the petitioner had intended to avail of package compensation which was available if agreement was reached in terms of Sec. 29(2) of the Act, however before he could approach the authorities, the general award was passed. Petitioner states that he ought to be afforded an opportunity to claim higher compensation as he does not intend to challenge the validity of the acquisition proceedings.

(3.) It is noticed that this Court in similar circumstances in W.P.No.1240/2021 and other matters has set aside the general award and permitted the KIADB to pay compensation in terms of the agreement under Sec. 29(2) of the Act.