IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON'BLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION NO OF 2011 (LA-KIADB)

Similar documents
IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 09TH DAY OF JULY 2012 BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR. JUSTICE N KUMAR AND THE HON BLE MR. JUSTICE V. SURI APPA RAO

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 10 TH DAY OF JANUARY, 2013 BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY. WRIT PETITION No OF 2016 (KLR CON)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE L. NARAYANA SWAMY WRIT PETITION NO OF 2011(LB-BMP)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY. WRIT PETITION No.5740 OF 2007 (LA-BDA)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 1 ST DAY OF MARCH 2014 BEFORE: THE HON BLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE ASHOK B. HINCHIGERI

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE AJIT J GUNJAL. WRIT PETITION Nos /2010 (GM-RES),

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 353 OF 2017 (ARISING OUT OF SLP (C) NO OF 2015) VERSUS

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE B.S.PATIL. W.P.No /2012 (SCST)

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 15 TH DAY OF DECEMBER, 2014 BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE ANAND BYRAREDDY. WRIT PETITION No.31892/2009 (LA-BDA)

THE SPECIAL LAND ACQUISITION OFFICER, KIADB, MYSORE & ANR. Vs. ANASUYA. ANASUYA BAI (D) BY LRs. & ORS.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE ANAND BYRAREDDY

2. Mr.M.Mohammed Amjad, S/o.Late.Dr.M.Mohammed Ghouse, Aged about 37 years,

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 26 TH DAY OF AUGUST 2014 BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

W.P.(C) No.5740 of 2001 P R E S E N T HON BLE MR. JUSTICE NARENDRA NATH TIWARI

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR. JUSTICE N.KUMAR AND THE HON BLE MR.JUSTICE B.V.PINTO

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE B MANOHAR. WRIT PETITION Nos OF 2015 (GM-CPC)

IN THE HIGH COURT OF KARNATAKA, BANGALORE

IN THE SUPREME COURT OF INDIA Civil Appeal Nos of 2005 Decided On: Narasamma and Ors. Vs. State of Karnataka and Ors. Hon'ble Judg

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 05 TH DAY OF FEBRUARY 2014 BEFORE:

IN THE HIGH COURT OF KARNATAKA AT BANGALORE. DATED THIS THE 23 rd DAY OF JULY 2013 BEFORE: THE HON BLE MR. JUSTICE ANAND BYRAREDDY

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE B.MANOHAR. W.P.Nos.46210/2014 & /2014(GM-CPC)

IN THE HIGH COURT OF KARNATAKA, BANGALORE BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY VIDHANA SOUDHA BANGALORE

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MRS. JUSTICE B.V.NAGARATHNA. W.P. No OF 2014 (KLR-RR-SUR)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE. DATED THIS THE 21 st DAY OF MAY 2013 BEFORE: THE HON BLE MR. JUSTICE ANAND BYRAREDDY

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NOS OF 2018 [Arising out of S.L.P. (C) Nos.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT: SUIT FOR POSSESSION Reserved on: 17th July, 2012 Pronounced on 3rd August, 2012 W.P. (C) No.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE L. NARAYANA SWAMY. WRIT PETITION No OF 2013 (LB-BBMP)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON BLE MR. JUSTICE P.S.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY WRIT PETITION NOS /2013(KLR-RR-SRU)

(BY SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL FOR SRI L M CHIDANANDAYYA, ADVOCATE) A N D

N THE HIGH COURT OF KARNATAKA AT BANGALORE B E F O R E THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA R.S.A. NO.1710 OF 2005

: 1 : IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH, AT DHARWAD BEFORE THE HON BLE MR.JUSTICE H.N.NAGAMOHAN DAS. W.P. No /2012 (GM-CPC)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE B.V.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

- 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

IN THE HIGH COURT OF KARNATAKA, BENGALURU BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION NOS OF 2014 (LA-RES)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE ARAVIND KUMAR. WRIT PETITION Nos /2015 (T-RES)

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS OF 2004 VERSUS STATE OF KARNATAKA & ORS. ETC...

THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM: NAGALAND: MIZORAM AND ARUNACHAL PRADESH) Writ Petition (C) No. 946 OF 2009

K.B. RAMACHANDRA RAJ URS(D) BY LRS. Vs. STATE OF KARNATAKA & ORS.

ANNEXURE A AGREEMENT FOR SALE. [See rule 9] This Agreement for sale ( AGREEMENT ) entered into at [ ] on [ ] BY AND BETWEEN

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE RAM MOHAN REDDY

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON BLE MR.JUSTICE N.K. PATIL AND THE HON BLE MRS.JUSTICE RATHNAKALA

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE WRIT PETITION NO.6157 OF 2013 (GM-CPC) (By Sri.Mahesh K.V. & Sri.H.Mujtaba, Advs.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE B E F O R E THE HON BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO.

- 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE

- 1 - IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 2 nd DAY OF JULY, 2012 BEFORE THE HON BLE MR.JUSTICE ARAVIND KUMAR

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NOS /2014 C/W 85491/2013 (KLR-RES)

ANNEXURE A. [See rule 9] AGREEMENT FOR SALE

IN THE HIGH COURT OF JHARKHAND AT RANCHI

IN THE GAUHATI HIGH COURT

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE MOHAN.M. SHANTANAGOUDAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN. Writ Petition Nos /2017 (T-IT)

IN THE HIGH COURT OF KARNATAKA, BANGALORE BEFORE THE HON'BLE MR.JUSTICE K.L.MANJUNATH WRIT PETITION NO OF 2012 (GM RES)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : ALLOTMENT OF FLAT. W.P.(C) No.5180/2011. Decided on:

Karnataka High Court Sri John Adil Kamath Pinto vs Shri Umesh Chandra on 26 July, 2013

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION NO OF 2009(LB-BMP)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN W.P.NO.29574/2015(S-RES)

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CIVIL PROCEDURE. Writ Petition (Civil) No of 2008 and CM No.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

IN THE HIGH COURT OF KARNATAKA AT BENGALURU. Before THE HON BLE DR JUSTICE VINEET KOTHARI. Writ Petition No.10976/2015 (LB-BMP)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 9 TH DAY OF JANUARY, 2014 B E F O R E THE HON BLE MR. JUSTICE A.N.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR.JUSTICE VINEET SARAN AND THE HON BLE MRS.JUSTICE S SUJATHA

DATED THIS THE 10 TH DAY OF DECEMBER 2012

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 3 RD DAY OF APRIL 2013 BEFORE THE HON BLE MR.JUSTICE ARAVIND KUMAR R.F.A.NO.

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO OF 2018 VERSUS

The Uttar Pradesh Urban Planning and Development (Amendment) Bill, 2011 A Bill

* IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No. 422 of 2010 C.R.PARK M, N & P BLOCKS RESIDENTS WELFARE

THE KARNATAKA OWNERSHIP FLATS (REGULATION OF THE PROMOTION OF CONSTRUCTION, SALE, MANAGEMENT AND TRANSFER) ACT, 1972

IN THE HIGH COURT OF KARNATAKA AT BENGALURU B E F O R E THE HON BLE MR. JUSTICE A.N. VENUGOPALA GOWDA WRIT PETITION NO OF 2014 (GM-CPC)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : LAND ACQUISITION ACT, Date of decision: WP(C) No. 3595/2011 and CM Nos.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR. JUSTICE MOHAN.M. SHANTANAGOUDAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR. JUSTICE H.G.RAMESH AND THE HON BLE MR. JUSTICE JOHN MICHAEL CUNHA

ii) The respondent did not furnish a Bank Guarantee for the amount of Rs crores and also did not pay the service tax payable on the said amount

(BY SRI GANGADHAR SANGOLLI, ADVOCATE)

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE B.MANOHAR. WRIT PETITION No.8438/2014(GM-CPC)

Shri Sadashiv S/o. Sakharam Pol, Aged about 67 years, Occ: Agriculture, R/o: Chinchali, Tal: Raibag, Dist: Belgavi... Respondent

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE: THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY. WRIT PETITION Nos OF 2013 (LA-RES)

3. The Senior Divisional Personnel Officer South Western Railway Hubli Division, Hubli PETITIONERS

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : LAND ACQUISITION ACT. LPA No.658 of 2011 & CM No /2011 VERSUS

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR.JUSTICE S. ABDUL NAZEER WRIT PETITION NOS.913 TO 914/2015 (GM-RES)

IN THE GAUHATI HIGH COURT

I, son / wife of Sh., aged years, resident of House No., Sector, Chandigarh, do hereby solemnly affirm and declare as under :-

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI. Application No.53 of 2016 (SZ) & M.A. No. 55 of 2016

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR POSSESSION. Date of Decision: W.P.(C) 7097/2010

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE B.S.PATIL. W.P.Nos.50029/2013 & 51586/2013 (CS-RES)

THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE: THE HON BLE MR. JUSTICE ANAND BYRAREDDY. WRIT PETITION No OF 2011 (LA-BDA) CONNECTED WITH

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON'BLE MR. JUSTICE B.MANOHAR. W.P. No & W.P.Nos /2012(T-RES)

Transcription:

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 09 TH DAY OF OCTOBER 2012 BEFORE THE HON'BLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION NO.31907 OF 2011 (LA-KIADB) BETWEEN: Karnataka Industrial Areas Development Board, No.14/3, 2 nd Floor, R.P.Building, Nrupathunga Road, Bangalore 560 001, Represented by its The Chief Executive Officer and Executive Member: Mr. T. Sham Bhatt..PETITIONER (By Shri. I. Gopala Krishna, Advocate,) AND: 1. The Special Land Acquisition Officer and Competent Authority, National Highways Authority of India, No.678/3, Neerubhavi Kempanna Layout, Hebbal, Bangalore 560 024.

2 2. Perk Inn International Limited, No.183, Vibhava, 2 nd Cross, 1 st Block, Koramangala, Bangalore 560 034, Represented by its Managing Director: Mr. K. Karunakaran. 3. M/s. Karunai Software International Limited, No.183, Vibhava, 2 nd Cross, 1 st Block, Koramangala, Bangalore 560 034, Represented by its Managing Director: Mr. K. Karunakaran. RESPONDENTS (By Smt. Shilpa Shah, Advocate for M/s. Singhania and partners for Respondent No.1 Shri. Sandesh.J.Chouta, Advocate for Respondent Nos. 2 and 3) ***** This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order passed by the first respondent dated 18.3.2011 in the proceedings vide Annexure-G and direct the second respondent to refund forthwith the compensation received by it to the first respondent and in turn, direct the first respondent to refund the said amount to the petitioner. This petition coming on for Hearing, this day, the Court made the following:

3 O R D E R Heard the learned Counsel for the petitioner and the learned Counsel for the respondents. 2. The petitioner, Karnataka Industrial Areas Development Board (Hereinafter referred to as the KIADB, for brevity), a statutory body, has preferred this writ petition in the following background: The petitioner claims that pursuant to a registered leasecum-sale agreement, had leased an extent of 11 acres 15¾ guntas of land in Survey Nos. 37/1E1, 37/1D, 38/1A, 39/1, 0/1, 42 and 43 of Konappana Agrahara, Begur Hobli, Bangalore South Taluk, dated 30.11.1998 to the second respondent to set up a hotel and resort. The petitioner again had executed a lease-cum-sale agreement dated 23.2.2001 in favour of the second respondent in respect of land bearing Survey Nos. 36/1A(P), 36/1B(P), 37/1C(P), 37/1B(P), 37/2(P), 43(P) and 37/1A(P) measuring 5 acres 7 guntas of Konappana Agrahara, Begur Hobli and again, at

4 the request of the Managing Director of respondents 2 and 3, had executed a lease-cum-sale agreement dated 6.7.2006 in favour of the third respondent in respect of land bearing Survey Nos. 36/1A(P), 36/1B(P), 37/1C(P), 37/1B(P), 37.2(P), 434(P) and 38/1A(P) measuring an extent of 5 acres and 7 guntas. It transpires that a preliminary notification dated 10.10.2005 under Section 3A of the National Highways Act, 1956 (Hereinafter referred to as the NH Act, for brevity) and a Final notification dated 10.8.2006, were issued to acquire that lands for widening National Highway No.7 at Electronic City II Phase, Bangalore. On realignment of the lands acquired, an extent of 46,392 Square Feet in Plot No.32 and an extent of 14,310.8 Square Feet in Plot No.2 had been acquired. The compensation was determined at `2,67,73,700/- by the first respondent. It is the claim of the petitioner that it is the lessor who continues to be the owner of the property in question and was entitled to the compensation amount. It transpires that the second

5 respondent had laid claim before the first respondent for release of the compensation amount. Even though the petitioner was the lessor and owner of the land, without notice to the petitioner, the entire amount of compensation had been released in favour of the second respondent. The KIADB did carry on correspondence with the first respondent in respect of the acquisition. However, the first respondent had passed an order at Annexure-G contrary to the provisions of the NH Act. It is this which is the subject matter of the present proceedings. The learned Counsel for the petitioner would draw attention to Section 3H(4) of the NH Act, which provides that if there is a dispute regarding apportionment of the compensation amount, the competent authority is mandatorily required to refer the dispute to a competent civil court of original jurisdiction, within whose limits the land is situated. The first respondent could not have released a large amount of compensation in favour of the second respondent notwithstanding that there was no absolute sale deed in favour of the second respondent and the second respondent was in

6 possession as a lessee under the petitioner. This is a glaring circumstance and hence it is surprising and inexplicable that the first respondent had overlooked the relationship of the parties in releasing the entire amount of compensation in favour of the second respondent without even notice to the petitioner. 3. The learned Counsel for the first respondent would submit that it is incorrect to state that the amount has been released in favour of the second respondent without notice to the petitioner. On the other hand, there was wide publicity to the proceedings and a paper publication had been issued insofar as the disbursement of the compensation amount is concerned. Since the petitioner did not choose to appear before the first respondent and as the second and third respondents had satisfied the first respondent as to their entitlement, the amount has been released in their favour. The further contention that there was a mandate under Section 3H(4) to refer the matter to a competent civil court for

7 adjudication is not entirely correct. Section 3H(3) provides that where several persons claim to be interested in the amount deposited, the competent authority shall determine the persons, who in its opinion, are entitled to receive the amount payable. Therefore, the learned Counsel would submit that there is sufficient discretion available to the first respondent to have determined the compensation amount payable to the second respondent and that there is no inequity in such amount having been disbursed, as it is not denied that the second respondent is in possession of the property under a long term lease-cum-sale agreement, which ultimately would fructify into absolute ownership and therefore, there is no irregularity, which warrants interference by this court. 4. Respondents 2 and 3 have filed statement of objections to contend that the impugned order discloses a finding of fact and judicial application of mind. The petitioner only seeks this court to sit in appeal as it were in respect of the order. The petitioner never appeared before the competent authority. It was at the

8 instance of the said respondents that there was realignment of the road and modification of the proposed route, for otherwise the acquisition would have rendered the property in question as being landlocked and unusable and it is at the instance of the respondents that there was a modification and realignment which resulted in the modified acquisition proceedings and the compensation being released. It is also contended that respondents 2 and 3 had established their entitlement in the following background: The Managing Director of respondents 2 and 3 and his wife were said to be the absolute owners of lands in various survey numbers, now described as plot No.32 by the KIADB, in the industrial area that is formed in Koppana Agrahara Village, Begur Hobli, Bangalore South Taluk. In the year 1996, they had planned to develop the land and set up a hotel and resort and had applied to the Department of Tourism in respect of the same through the Single Window Agency of the Department of Tourism, which had cleared the project as on 27.8.1996. The respondents then

9 approached the petitioner KIADB with a proposal in respect of plot No.32. The respondents requested the petitioner that they would voluntarily surrender 11 acres 15¾ guntas of land in survey Nos. 37/1D, 37/1E1, 38/1A, 39/1, 40/1, 42 and 43 in plot No.32 in the industrial area to the KIADB and that in turn, they be permitted by the KIADB to establish a hotel and resort. 5. The petitioner had agreed and in furtherance of the understanding and assurance given by the KIADB, the respondents had surrendered the aforesaid lands free of cost to the Special Land Acquisition Officer, KIADB, with an understanding that the same would be reallotted to the respondent Perk Inn International Hotels and that such land would be reconveyed to the respondent. The KIADB, at the time of acquiring the said lands, had not paid any compensation in respect of the acquisition to the respondents. It is contended that the petitioner did allot the land to the respondents for setting up a hotel and resort and handed over

10 possession on 30.11.1996 and the respondents were called upon to pay a sum of `5,75,000/- towards developmental charges and the allotment was confirmed. By a further correspondence, the said respondents had sought for additional land to an extent of 26.22 acres to establish its project. However, instead of reconveying the land, the KIADB executed a lease-cum-sale agreement dated 30.11.1998, in respect of 11 acres 15¾ guntas of land. Respondent No.2 accepted the said lease-cum-sale agreement without demur, though it was understood that the land was reconveyed and not granted by way of a lease-cum-sale agreement. Respondent No.2 did not choose to oppose in order not to create bad blood and in the expectation that the project may come forward. Thereafter, a supplementary lease-cum-sale agreement dated 24.1.2001 had been executed whereby an extent of 5 acres 7 guntas was allotted and as consideration for the same, a sum of `1,04,00,000/- as allotment consideration at the rate of `20,00,000/- per acre was collected from the respondents and a lease-cum-sale agreement was executed on 23.2.2001. Thereafter,

11 the petitioner, by an order dated 7.5.2004 terminated the lease agreement on the ground that the purpose for which the land was leased was not fulfilled. 6. Being aggrieved by that respondent No.2 had filed a writ petition before this court in W.P.No.21984/2004, which was allowed and the KIADB was directed to consider the request of the respondent to implement the project within a period of 24 months. In the meanwhile, on 10.10.2005, the first respondent initiated acquisition proceedings to acquire a large extent of land for widening National Highway No.7 at Electronic City from Kilometres 8.500 to 33.200. While suppressing the fact that the first respondent had issued a preliminary notification, the petitioner on 31.12.2005 granted extension of time to the respondent. Thereafter on 10.8.2006, the first respondent had issued a Final Notification for acquiring the said extent of land. Being aggrieved by the plan of the first respondent to build an elevated road, which would render the property held by respondents 2 and 3 useless for its project, had filed a writ petition

12 in W.P.No.12730/2006, to consider realignment of road. The petition was dismissed. The second respondent had preferred an appeal against the dismissal of the writ petition. During the pendency of the appeal, the first respondent proposed a modified plan and filed a memo, on the basis of which, the writ appeal was disposed of. It is pursuant to that modified plan that the land was acquired and the entire compensation was deposited in a sum of `2,67,73,700/- for acquisition of 1.39 acres of land in plot No.32 and plot No.2 of the industrial area. 7. Respondents 2 and 3 had addressed the first respondent that the lands in question are held by them under a lease-cum-sale agreement and the compensation amount can be paid to them as they are in possession and enjoyment of the lands. The first respondent had sought clarification from the petitioner by letter dated 29.7.2010, a copy of which is produced at Annexure-A to the petition. On 19.11.2010, a board meeting is said to have been held by the petitioner to decide on the clarification sought and in furtherance of the board meeting, a letter has been issued to the

13 first respondent to arrange payment of the compensation in favour of the Chief Executive Officer of the KIADB. Insofar as payment of compensation for the widening of the road is concerned, the first respondent proceeded to address the same in terms of Section 3H(3) of the NH Act and on the basis of the available documents filed by the parties. The authority decided to release the entire compensation to the second respondent. It is admitted by the respondents that after deduction of income-tax and on execution of an indemnity bond, the monies had been released in favour of the second respondent. 8. It is not clear whether the petitioner had appeared before the first respondent and did contest the proceedings, though there is material to indicate that the first respondent had specifically addressed the petitioner to call upon and seek clarification as regards payment of compensation and though a resolution had been passed directing the first respondent to pay the amounts in favour of the Chief Executive Officer of the petitioner, there is no indication as to the actual participation at the inquiry by the third

14 respondent. The third respondent, however, having proceeded in terms of Section 3H(3), though it would have been a case to have been considered under Section 3H(4), since there was indeed a rival claim by the petitioner, the amount having now been released in favour of the second respondent, the course open would be to treat the matter as one which was liable to be referred to a competent civil court having jurisdiction. It would be appropriate to allow the petition while issuing an appropriate direction to the first respondent to despatch the relevant records and refer the matter for adjudication before a competent civil court. Insofar as the amount of compensation that is paid is concerned, it is on record that an indemnity bond has also been executed by the second respondent. In addition, it would be appropriate if the civil court should call upon the respondent to furnish security for due payment of the amount if the ultimate result of the proceedings should be in favour of the petitioner. The writ petition is allowed in part. The first respondent is directed to refer the matter to a competent civil court for

15 adjudication as to the persons entitled to compensation or proportion thereof as between the petitioner and respondent No.2. Sd/- JUDGE nv