MAHABUBJAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are stated to be the absolute owners of lands measuring 4 guntas in Sy. No. 63/2, 24 guntas in Sy. No. 76/3 and 7 guntas in Sy. No. 77/5, situated at Shingihalli Village, Vemgal Hobli, Klolar Taluk.

(2.) It is submitted that a preliminary notification was issued under Sec. 28(1) of the Karnataka Industrial Areas Development Act (for short 'the Act') on 6/7/2010 and a final notification was issued under Sec. 28(4) of the Act on 9/9/2011. Petitioners state that there was no notice to the petitioners at the time of passing of general award intimating them that they could opt for higher compensation under the package scheme in terms of the agreement under Sec. 29(2) of the Act and accordingly, they were not aware when the general award was passed. The general award was passed on 12/7/2017. Petitioners state they are entitled for being afforded an option for availing compensation under the agreement in terms of Sec. 29(2) of the Act and accordingly, petitioners state that the general award be set aside.

(3.) Perused the order passed by this Court in W.P.No.1240/2021. In light of the observations made in paragraph No.6 of the said writ petition, the present writ petition is also to be considered on similar grounds.