LAWS(KAR)-2023-7-717

K. NAGARAJU Vs. STATE OF KARNATAKA

Decided On July 04, 2023
K. Nagaraju Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Petitioners claim to be the owners of land bearing Sy. No. 86 measuring 4 acres 08 guntas situated at Masthenahalli Village, Kaivara Hobli, Chintamani Taluk, Chikkaballapura District. It is submitted that the properties of petitioners were notified by the respondent - Authorities.

(2.) Learned counsel for the petitioners submits that though the petitioners had intended to opt for higher compensation under package scheme by way of agreement in terms of Sec. 29(2) of the Karnataka Industrial Areas Development Act (for short 'the Act'), they could not avail the same in light of the legal dispute that was pending amongst the family members of petitioners in O.S.No. 418/2014. Accordingly, it is submitted that the general award may be set aside and petitioners may be permitted to avail the higher compensation under the package scheme.

(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.