B. M. KRISHNAPPA v. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD
2015-02-02
B.V.NAGARATHNA
body2015
DigiLaw.ai
ORDER Petitioners have assailed general awards dated 30/11/2013 and 27/9/2013 insofar as they relate to old Sy.No.1, new Sy.No.1/P2, measuring 27 guntas at Arebinnamangala Village, Jala Hobli, Bangalore North Taluk (AnnexuresC, C1 & C2 to the writ petitions). 2. In have heard learned counsel for petitioners and learned counsel for respondent Nos.1 and 2 and perused the material on record. 3. Briefly stated, the facts are, that the aforesaid land was a subject matter of acquisition by the respondent Karnataka Industrial Development Board (“KIADB” for short). The respondents have passed general awards referred to above in respect of the land in question. Petitioners have assailed the general awards by contending that instead of general awards consent awards ought to have been passed in the case of the petitioners. 4. Learned counsel for petitioners has drawn my attention to endorsement at AnnexureC2 dated 30/11/2013, by which respondents have stated that in view of pendency of original suit No.632/2010, compensation amount of Rs.7,25,420/has been deposited before the concerned reference court. He contended that subsequent to that endorsement, O.S. No.632/2010 has been disposed by way of settlement/compromise between the parties on 10/6/2014 and therefore, a direction may be issued to the respondents to disburse the compensation amount to petitioners. 5. Percontra, learned counsel for respondents contended that in view of compensation being deposited before the reference court, petitioners cannot seek disbursement of the compensation directly from KIADB. 6. Having regard to these facts, petitioners are at liberty to file a claim, statement before the reference court, seeking disbursement of compensation on the basis of compromise arrived at, in O.S.No.632/2009 and other relevant documents. 7. It is needless to observe that if such a claim is made before the reference court, the same would be considered in accordance with law and in an expeditious manner and the compensation would accordingly be disbursed. It is also observed that since the amount was deposited before the reference court, on account of pendency of O.S.632/2009 and the said suit having been disposed, the claim would now be made within a period of two weeks from the date of receipt of certified copy of this order. In such an event, no objection regarding delay in filing of the claim statement may be raised before the reference court. 8. With the aforesaid observations and directions, writ petitioner stand disposed.