MARY JOHN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent Authorities to frame an award as contemplated under Section 29(3) of the Karnataka Industrial Areas Development Act, 1966 by determining the market value as on the date of this petition in respect of 4 acres of land in Sy.No.74/302 of Bandi Kodigenahalli Village, Jala Hobli, Yelhanka Taluk, Bangalore District, held by the petitioner and acquired as per final notification dated 7.5.2007 vide Annexure-A.

(2.) On the other hand, it is contended on behalf of the Karnataka Industrial Areas Development Board (KIADB) that the acquisition proceedings in question were in respect of an extent of 450.05 acres of land acquired in Bandi Kodigenahalli, Yelehanka Taluk, Bangalore North. A writ petition filed earlier by the petitioner, as admitted, did not contain any complaint of the nature now stated. The same was withdrawn. It is stated that one Mary John is said to have lodged a complaint with the Lokayuktha, to state that compensation payable in respect of her land measuring 4 acres has been paid to an impostor and that the said complaint is the subject matter of investigation. In the light of the admitted payment of compensation, the present petition is not maintainable.

(3.) The petitioner has filed a rejoinder to meet the contentions of the respondent. The petitioner has sought to trace her title to the property, apart from furnishing the sequence of events in so far as the pending criminal proceedings are concerned. It is contended that if it is necessary to determine the petitioner's title to the property in order to accept her claim for compensation, it would be necessary that there be an award and the matter referred to the Civil court as required under Section 29(3) of the KIAD Act. The petitioner, in any event, cannot be denied her right to claim the compensation, when it is evident that the amount has been admittedly paid to an impostor.