K.R.RAMACHANDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This matter having been extensively argued on 15.07.2019, this Court in principle had broadly agreed for release of the substantial compensation amount subject to certain terms and conditions;

(2.) The petitioners being the land loosers in the acquisition are knocking at the doors of Writ Court for laying a challenge to the KIADB Endorsement dated 03.10.2018, a copy whereof is at Annexure-'A', whereby they are delayed if not denied, the compensation on the ground that in O.S.No.5811/2008 the learned Principal City Civil Judge vide order dated 03.08.2018 has restrained its release.

(3.) The petitioners seek release of the compensation amount arguing that being the true owners of the subject land they are the khathadars; all notifications under which acquisition was initiated and accomplished under the provisions of the Karnataka Industrial Areas Development Act, 1966, their names only are reflected; the suit in O.S.No.5811/2008 having been filed by one Mr.Puttaswamiah, the petitioners are not parties thereto as yet; the said Puttaswamiah himself has filed an affidavit dated 06.06.2018 as per Annexure-'L' hereto, signifying his consent for release of the compensation in favour of the petitioners; there is absolutely no legal impediment for such release.