- 1 - NC: 2025:KHC:6785 WP No. 3942 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 3942 OF 2025 (LA-KIADB) BETWEEN: 1. SMT. ANJINAMMA, W/O. LATE THIMMEGOWDA, AGED ABOUT 60 YEARS, R/O. GOTTIKERE, SHIVAGANGE POST, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 111. 2. SRI. SHIVARAMAIAH, S/O. LATE RANGAPPA, AGED ABOUT 65 YEARS, R/O. GOTTIKERE, SHIVAGANGE POST, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 111. 3. SRI. HANUMANTHAIAH @ HANUMANTHARAJU, S/O. LATE RANGAPPA, AGED ABOUT 60 YEARS, R/O. GOTTIKERE, SHIVAGANGE POST, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 111. …PETITIONERS (BY SRI. SIDDANOORU VISHWANATHA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:6785 WP No. 3942 of 2025 VIDHANA SOUDHA, BANGALORE - 560 001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, NO. 14/3, II FLOOR, R.P. BUILDING, NRUPATHUNGA ROAD, BANGALORE - 560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, 1ST FLOOR, R. P. BUILDING, NRUPATHUNGA ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI.SPOORTHI HEDGE N, HCGP FOR R-1; SRI.H.L.PRADEEPKUMAR., ADVOCATE FOR R-2 AND R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD DTD. 05.08.2024 PASSED BY THE R-3 IN NO. KIADB.LAQ.580/2024-25 WHICH IS PRODUCED AT ANNX-L TO THE WRIT PETITION IN SO FAR PETITIONERS LAND BEARING SY.NO.29/1B MEASURING 0.36 GUNTAS AT GOTTIKERE VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT IS CONCERNED AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:6785 WP No. 3942 of 2025 CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners are before this Court claiming to be erstwhile owners of the land bearing Sy.No.29/1B measuring 0.36 Guntas at Gottikere Village, Sompura Hobli, Nelamangala Taluk, Bengalore Rural District which was acquired by respondent No.3 - KIADB under the provisions of the Karnataka Industrial Area Development Act, 1966 (in short ' KIAD Act') for industrial purposes. The General Award has been passed as per Annexure-L. 2. The grievance of the petitioners is that there was a dispute amongst the family members of the petitioners pending consideration in O.S.No.470/2022 before the learned III Additional Civil Judge and JMFC, Nelamangala and that the said suit has been disposed of in terms of a compromise that was entered into amongst the parties. Since there is no dispute pending consideration, learned counsel for the petitioners submits that the petitioners be permitted to seek compensation under - 4 - NC: 2025:KHC:6785 WP No. 3942 of 2025 Section 29(2) of the KIAD Act. Hence seeks for quashing the notification and general award. 3. Learned Counsel for respondent No.2 - KIADB submits that the general award has been passed since the petitioner had not approached and that there was a suit pending and now that the petitioners are submitting that the dispute has been resolved, respondent No.2 - KIADB has no objection to consider granting of compensation in terms of Section 29(2) of the KIAD Act. Accordingly, the following: ORDER i. The writ petition is disposed of. ii. Impugned General Award dated 05.08.2024 produced at Annexure-L passed by the respondent No.2 - KIADB insofar as the property of the petitioners herein is concerned, is hereby quashed. iii. Respondent No.2 is directed to consider the case of the petitioners herein in terms of the Section 29(2) of the Karnataka - 5 - NC: 2025:KHC:6785 WP No. 3942 of 2025 Industrial Area Development Act, 1966, upon the petitioners satisfying all the requirement thereof. Needless to state that in the event of any dispute, the general award would stand restored. iv. Respondent No.2 is directed to withdraw the amount in deposit before the Competent Court, if any, and disburse to the petitioners herein, in terms of the observation made above, in accordance with law. KVR List No.: 1 Sl No.: 16 Sd/- (M.G.S. KAMAL) JUDGE