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2025 DAILYLAW 15623 (KAR)

SMT. RUKMINAMMA v. THE STATE OF KARNATAKA

WP/3092/2025 · 2025-02-05

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:5194 WP No. 3092 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 3092 OF 2025 (LA-KIADB) BETWEEN: SMT. RUKMINAMMA D/O LATE SUBBAIAH @ SUBBA AGED ABOUT 73 YEARS, R/AT THAMMENAHALLI VILLAGE YALIYUR, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT- 562 110 …PETITIONER (BY SRI. SHARAN N MAJAGE.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE-560 001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.39, BHARATH SCOUTS AND GUIDES BUILDING, 4TH FLOOR, PALACE ROAD, Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:5194 WP No. 3092 of 2025 BANGALORE-560 001 …RESPONDENTS (BY SRI.SPOORTHY HEGDE.N, HCGP FOR R1; SRI.H.L.PRADEEP KUMAR, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD BEARING NO. BENGALURU/VIBHOOSWAA-2//2022-23 DATED: 12.01.2023 PASSED BY THE RESPONDENT NO. 3 IN RESPECT OF LAND IN SY.NO.177/P40, PRESENT SY.NO.176 IN BLOCK NO.21 MEASURING 2 ACRES OF LAND SITUATED AT BAGALUR VILLAGE, JALA HOBLI, YALAHANKA TALUK, BANGALORE DISTRICT, IN SO FAR AS THE PETITIONER IS CONCERNED, WHICH IS PRODUCED AS ANNEXURE-F AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER The petitioner claiming to be the absolute owner of land bearing Sy.No.177/P40 presently bearing Sy.No.176 in Block No.21 measuring 2 acres situated at Bagaluru village, Jala Hobli, Yalahanka Taluka, Bengaluru District, is before this Court contending that the said land has been acquired by the respondent-KIADB in terms of the provisions of Section 28(1) and 28(4) of KIAD Act. - 3 - NC: 2025:KHC:5194 WP No. 3092 of 2025 2. That there was a dispute in O.S. No.534/2012 which has now been decreed. In terms of which, the petitioner and her sister Narayanamma have been declared to be the absolute owners of the aforesaid property. 3. Learned counsel for the petitioner submits that in the meanwhile, respondent-KIADB has passed the general award. Being aggrieved by the same, the petitioner is before the Court. 4. Learned counsel for the respondent-KIADB on the other hand submits the general award was passed due to the pendency of the suit. Now that the petitioner is indicating willingness to accept the compensation in terms of Section 29(2) of the KIAD Act, the same will be considered afresh. 5. Submission is taken on record. 6. Accordingly, the following: ORDER i) The writ petition is allowed. - 4 - NC: 2025:KHC:5194 WP No. 3092 of 2025 (ii). Impugned General Award dated 12.01.2023 produced at Annexure-F passed by the respondent No.3 insofar as the property of the petitioner herein is concerned, is hereby quashed. (iii). Respondent No.3 is directed to consider the case of the petitioner herein in terms of the Section 29(2) of the Karnataka Industrial Area Development Act, 1966, upon the petitioner satisfying all the requirement thereof. Needless to state that in the event of any dispute, the general award would stand restored. (iv). Respondent No.3 is directed to withdraw the amount in deposit before the Competent Court, if any, and disburse to the petitioner herein, in terms of the observation made above, in accordance with law. Sd/- (M.G.S. KAMAL) JUDGE ASN, List No.: 1 Sl No.: 17