- 1 - NC: 2025:KHC-K:1547 WP No. 203315 of 2024 C/W WP No. 203319 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.203315 OF 2024 (LA-KIADB) C/W WRIT PETITION NO.203319 OF 2024(LA-KIADB) IN WP NO.203315/2024: BETWEEN: ERANNA S/O GURULINGAPPA HIREGOUD, AGE ABOUT 54 YEARS, OCC AGRICULTURE, R/O VILLAGE NANDUR (K), TQ AND DISTRICT KALABURAGI. …PETITIONER (BY SRI. K.M. GHATE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BY ITS CHIEF EXECUTIVE OFFICER, NO.49, 4TH AND 5TH FLOORS, RASHTROTHANA PARISHAT BUILDING, NRUPATUNGA ROAD, BENGALURU-560 001. 3. THE STATE OF KARNATAKA, Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1547 WP No. 203315 of 2024 C/W WP No. 203319 of 2024 COMMERCE AND INDUSTRY DEPARTMENT, THROUGH ITS COMMISSIONER AND SECRETARY, VIKAS SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 4. THE DEPUTY COMMISSIONER, KALABURAGI,MINI VIDHAN SOUDHA COMPLEX, KALABURAGI-585 102. 5. THE COMMISSIONER, GULBARGA DEVELOPMENT AUTHORITY KALABURAGI, NEAR MINI VIDHAN SOUDHA COMPLEX, KALABURAGI. 6. THE SPECIAL LAND ACQUISITION OFFICER (KIADB), REGIONAL OFFICE, KAPNOOR INDUSTRIAL AREA, HUMNABAD ROAD, KALABURAGI. …RESPONDENTS (BY SRI. SHESHADRI JAISHANKAR, ADV. FOR R1, R3 AND R4; SRI. A.M. NAGRAL, ADV. FOR R2 AND R6; SRI. SHIVAKUMAR R. TENGLI, ADV. FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE ORDER / DIRECTIONS, IN THE FORM OF WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2, 3 AND 6 TO MAKE A REFERENCE U/SEC. 29 OF THE KIADB ACT, IN RESPECT OF PETITIONER’S LAND BEARING SY.NO. 171/1 MEASURING 6 ACRES 18 GUNTAS AND LAND BEARING SY.NO.171/2 MEASURING 4 ACRES SITUATED AT VILLAGE NANDUR-K, TQ. AND DISTRICT KALABURAGI IN VIEW OF THE NOTIFICATION ISSUED IN RESPECT OF THE AFORESAID LAND UNDER SECTION 28 OF THE KIADB ACT, BEFORE 4TH RESPONDENT AND PLEASED TO DIRECT THE 4TH RESPONDENT TO PASS AN AWARD FOR PAYMENT OF COMPENSATION UNDER THE PROVISIONS OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT-2013. - 3 - NC: 2025:KHC-K:1547 WP No. 203315 of 2024 C/W WP No. 203319 of 2024 IN WP NO.203319/2024: BETWEEN: 1. PUSHPALATHA W/O LATE SRIRANG JINDE, AGED ABOUT 73 YEARS, OCC: HOUSEHOLD AND AGRICULTURE, R/O. H.NO.10-197, S.B. TEMPLE ROAD, SUBHASH CHOWK, BRAHMPUR, KALABURAGI-585 101. 2. RAHUL S/O LATE SRIRANG JINDE, AGED ABOUT 46 YEARS, OCC: AGRICULTURE, R/O. H.NO.10-197, S.B. TEMPLE ROAD, SUBHASH CHOWK, BRAHMPUR, KALABURAGI-585 101. 3. RISHIRAJ S/O LATE SRIRANG JINDE, AGED ABOUT 43 YEARS, OCC: AGRICULTURE, R/O. H.NO.10-197, S.B. TEMPLE ROAD, SUBHASH CHOWK, BRAHMPUR, KALABURAGI-585 101. 4. RUPALI D/O LATE SRIRANG JINDE (W/O MANOHAR), AGED ABOUT 46 YEARS, OCC: HOUSEHOLD R/O H. NO 4-3-75, DULPETH, NARAYANPETH ABHANGPURA, MAHABOOBNAGAR, (ANDHARA PRADESH) 5. PALLAVI D/O LATE SRIRANG JINDE (W/O GURURAJ MANKAR), AGED ABOUT 38 YEARS, OCC: HOUSEHOLD, R/O NEAR OLD NANDI GODAM, ALMEL, DIST. VIJAYAPURA. 6. VAISHALI D/O LATE SRIRANG JINDE W/O ANIL KUMAR AGED ABOUT 48 YEARS, OCC. HOUSEHOLD R/O H NO 8- 10-325/1 AKKAMAHADEVI COLONY BIDAR DIST BIDAR-585401. …PETITIONERS - 4 - NC: 2025:KHC-K:1547 WP No. 203315 of 2024 C/W WP No. 203319 of 2024 (BY SRI. K.M. GHATE AND SRI. NAMDEV B.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BY ITS CHIEF EXECUTIVE OFFICER, NO.49, 4TH AND 5TH FLOORS, RASHTROTHANA PARISHAT BUILDING, NRUPATUNGA ROAD, BENGALURU-560 001. 3. THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, THROUGH ITS COMMISSIONER AND SECRETARY, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 4. THE DEPUTY COMMISSIONER, KALABURAGI, MINI VIDHAN SOUDHA COMPLEX, KALABURAGI-585 102. 5. THE COMMISSIONER, GULBARGA DEVELOPMENT AUTHORITY KALABURAGI, NEAR MINI VIDHANA SOUDHA COMPLEX, KALABURAGI-585 102. 6. THE SPECIAL LAND ACQUISITION OFFICER (KIADB), REGIONAL OFFICE, KAPNOOR INDUSTRIAL AREA, HUMNABAD ROAD, KALABURAGI-585 104. …RESPONDENTS (BY SRI. SHESHADRI JAISHANKAR, ADV. FOR R1, R3 AND R4; SRI. A.M. NAGRAL, ADV. FOR R2 AND R6; SRI. SHIVAKUMAR R. TENGLI, ADV. FOR R5) - 5 - NC: 2025:KHC-K:1547 WP No. 203315 of 2024 C/W WP No. 203319 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE ORDER/ DIRECTIONS, IN THE FORM OF WRIT OF MANDAMUS, DIRECTING THE RESPONDENT NO.2, 3 AND 6 TO MAKE A REFERENCE U/SEC. 29 OF THE KIADB ACT, IN RESPECT OF PETITIONER’S LAND BEARING SY.NO.173/1, 173/8, 173/9, 173/10, 173/11 AND 173/12 TOTAL MEASURING 9 ACRES 15 OF VILLAGE NANDUR-K TQ. AND DISTRICT KALABURAGI IN VIEW OF THE NOTIFICATION ISSUED IN RESPECT OF THE AFORESAID LAND UNDER SECTION 28 OF THE KIADB ACT BEFORE 4TH RESPONDENT AND PLEASED TO DIRECT THE 4TH RESPONDENT TO PASS AN AWARD FOR PAYMENT OF COMPENSATION UNDER THE PROVISIONS OF RIGHT TO FAIR COMPENSATION AND TRANSFERENCE IN LAND ACQUISITION REHABILITATION AND RESETTLEMENT ACT -2013. THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) I.A.No.1/25 is filed for early hearing of the petitions. 2. Accepting the reasons stated in the affidavit filed in support of the applications, I.A.No.1/25 is allowed. 3. With the consent of both sides, heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents on merits. - 6 - NC: 2025:KHC-K:1547 WP No. 203315 of 2024 C/W WP No. 203319 of 2024 4. These petitions are filed with a prayer to direct respondents No.2, 3 and 6 to make a reference under Section 29 of the Karnataka Industrial Areas Development Act, 1966 (for short the 'Act, 1966' for short) to complete the acquisition proceedings of Sy.Nos.171/1 measuring 6 acres 18 guntas, Sy.No.171/2 measuring 4 acres, 173/1, 173/8, 173/9, 173/10, 173/11 and 173/12 measuring 9 acres 15 guntas situated at Nandur-K Village, Kalaburagi District. 5. It is submitted by the learned counsel for the petitioners that the Notification under Section 28(1) was issued on 09.12.2020 and Section 28(2) notice was issued on 23.12.2020. It is submitted that thereafter, no action is initiated to complete the acquisition proceedings. 6. Learned counsel for respondent No.2 would submit that the Gazette Notification was published under Section 28(4) on 23.11.2022. 7. This Court has perused Sections 28(4) and 28(5) of the Act, 1966 which read as under: - 7 - NC: 2025:KHC-K:1547 WP No. 203315 of 2024 C/W WP No. 203319 of 2024 "(4) After orders are passed under sub-section (3), where the State Government is satisfied that any land should be acquired for the purpose specified in the notification issued under sub-section (1), a declaration shall, by notification in the official Gazette, be made to that effect. (5) On the publication in the official Gazette of the declaration under sub-section (4), the land shall vest absolutely in the State Government free from all encumbrances". 8. Section 29 of the Act, 1966 reads as under: "29. Compensation.- (1) Where any land is acquired by the State Government under this Chapter, the State Government shall pay for such acquisition compensation in accordance with the provisions of this Act. (2) Where the amount of compensation has been determined by agreement between the State Government and the person to be compensated, it shall be paid in accordance with such agreement. (3) Where no such agreement can be reached, the State Government shall refer the case to the Deputy Commissioner for determination of the amount of compensation to be paid for such acquisition as also the person or persons to whom such compensation shall be paid. (4) On receipt of a reference under sub-section (3), the Deputy Commissioner shall serve notice on the owner or occupier of such land and on all persons known or believed to be interested herein to appear before him and state their respective interests in the said land." - 8 - NC: 2025:KHC-K:1547 WP No. 203315 of 2024 C/W WP No. 203319 of 2024 9. As can be noticed from Section 29(3), in case, there is no consensus between the land loser and the KIADB, then there has to be a reference to the Deputy Commissioner to determine the compensation. Admittedly, there is no consensus among the parties relating to the compensation payable. Under these circumstances, the matters have to be referred to the jurisdictional Deputy Commissioner to determine the compensation in accordance with law. 10. Hence, the following: ORDER (i) Writ Petitions are allowed. (ii) Respondent No.1 shall refer the matter to the Deputy Commissioner - respondent No.4 to determine the compensation payable. (iii) It is needless to say that the Deputy Commissioner shall issue notice to all the concerned parties before determining the compensation payable in respect of the lands sought to be acquired. (iv) The Deputy Commissioner shall proceed to determine the compensation as per Section 30 of the Act ,1966. - 9 - NC: 2025:KHC-K:1547 WP No. 203315 of 2024 C/W WP No. 203319 of 2024 (v) The exercise shall be completed within three months from the date of receipt of the copy of this order. (vi) It is made clear that nothing is expressed on the merits of the claim. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN (VC) List No.: 2 Sl No.: 19 CT: AK