- 1 - NC: 2025:KHC:1910 WP No. 6814 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 6814 OF 2024 (LA-KIADB) BETWEEN: 1. SMT NARAYANAMMA W/O VENKATARAVANAPPA AGED ABOUT 79 YEARS R/AT MASTENAHALLI VILLAGE KAIWARA HOBLI CHITHAMANI TALUK KAIWARA, CHIKKABALLAPURA KARNATAKA - 563128. 2. SHRI MANJUNATHA V., S/O VENKATARAVANAPPA AGED ABOUT 49 YEARS R/AT MASTENAHALLI VILLAGE KAIWARA HOBLI CHITHAMANI TALUK KAIWARA, CHIKKABALLAPURA KARNATAKA - 563 128. …PETITIONERS (BY SRI. SRIHARI A V.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BANGALORE - 560 001 BY ITS SECRETARY. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIJA BHAVAN Digitally signed by ROOPA R U Location: High Court of Karnataka - 2 - NC: 2025:KHC:1910 WP No. 6814 of 2024 BANGALORE - 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER. 3. THE SPECIAL LAND ACQUISITION OFFICER -2 THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.14/3, ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD BENGALURU - 560 001. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO ALLOT ALTERNATE DEVELOPED LAND IN LIEU OF LAND LOST BY THE PETITIONERS AS PER THE CIRCULAR DTD 23.02.2024 VIDE ANNX-G BY CONSIDERING THE REPRESENTATIONS OF THE PETITIONER VIDE ANNX-G G1 AND H, H1 DATED 21.09.2022 AND 20.01.2023 RESPECTIVELY FOR ALLOTMENT OF DEVELOPMENT LAND 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 Petitioners are before this Court seeking following reliefs; i) Issue a writ or order directing the Respondents to allot alternate developed land in lieu of land lost by the Petitioners as per the Circular dated 23.02.2021 vide Annexure-F by considering the representations of the Petitioners vide Annexure-G, G1 and H, H1 dated 21.09.2022 and 20.01.2023 respectively for allotment of developed land. - 3 - NC: 2025:KHC:1910 WP No. 6814 of 2024 ii) Issue a writ in the nature of Certiorari quashing the General Award dated 24.06.2017 bearing Case No.KIADB/LAQ/ /2017-18 passed by the Third Respondent vide Annexure-E." 2. Case of the petitioners is that petitioners are the owners of land in Sy.No.53 of Mastenahalli village, Kaivara Hobli, Chinthamani Taluk, Chikkaballapura District totally measuring 2 acres 12 guntas which have been acquired by the respondent -KIADB in terms of the preliminary notification dated 03.02.2010 and the final notification dated 26.05.2012 issued under Section 28(1) and 28(4) of the Karnataka Industrial Areas Development Act, 1966 respectively for the purpose of formation of industrial area and general award has been passed without providing opportunity to the petitioners. That representations filed by the petitioners seeking allotment of developed land as per the Circulars of the Government in respect of the land lost by the petitioners were not considered by the respondent -KIADB. Hence, the petition. 3. This Court on 15.04.2024 had directed the counsel for the respondent -KIADB to find out if any alternate developed land was available for compensating the petitioners instead of paying monetary compensation. In response thereof, - 4 - NC: 2025:KHC:1910 WP No. 6814 of 2024 learned counsel for the respondent-KIADB submits that an endorsement dated 22/23.03.2024 as per Annexure-R1 has already been issued by which it is pointed out that there is a dispute pending consideration in O.S.No.194/2011, O.S.No.315/2014 and R.A.No.127/2013 pertaining to the land in Sy.No.53 of Mastenahalli village, Kaivara Hobli, Chinthamani Taluk, Chikkaballapura District of which the petitioners claim to be the owners to an extent of 2 acres 12 guntas. He furthers submits since there is a dispute General Award dated 24.06.2017 has been passed. 4. In response, the counsel for the petitioners takes this Court through the Government Order dated 23.02.2021 produced at Annexure-F and points out to the operative portion, which reads as under; "ಸಾ ಆೇಶ ಸಂೆ : ಐ 103 ಎಕೂ (ಇ) 2019, ೆಂಗಳರು ಾಂಕ: 23.02.2021 ಪ ಾ!ವೆಯ$% &ವರುವ ಾರಣಗಳ (ೆ)*ೆಯ$% ಕಾಟಕ ೈ-ಾಾ ಪೇ.ಾ/ವೃ1 ಮಂಡ4 (ೆ.ಐ.ಎ.5.6.) 7ಂದ ಭೂ ಾ:;ೕನಪ5ೊಳ=>?!ರುವ ೈ-ಾಾ ಪೇಶದ ಜAೕನುಗ4-ೆ ಭೂಪBಾರದ ಬದ*ಾD ಪ? ಎಕEೆ ಜAೕF-ೆ Fೕಡು?!ರುವ ಅ/ವೃ1ಪ5ದ ಜAೕFನ &!ೕಣವನು) ಪಸು!ತ ಇರುವ 9583 ಚದರ ಅ57ಂದ 10781 ಚದರ ಅ5 &!ೕಣೆJ BೆKL, ಈ ೆಳಕಂಡ Fಬಂಧೆಗ4-ೊಳಪಟುO ಅ/ವೃ1ಪ5ದ ಜAೕನನು) Fೕಡಲು ಆೇQಸ*ಾDೆ. - 5 - NC: 2025:KHC:1910 WP No. 6814 of 2024 1) ಅ/ವೃ1ಪ5ದ ಜAೕನನು) ಪRೆಯಲು ಇKSಸದ ಭೂTಾ$ೕಕ-ೆ ಈ-ಾಗ*ೇ eÁಯ$%ರುವಂUೆ ಭೂಪBಾರವನು) ಹಣದ ರೂಪದ$% FೕಡತಕJದುW. 2) ಈ Xೕಜೆಯು ೆ.ಐ.ಎ.5.6.ಯು ಾ:;ೕನಪ5ೊಳ=>?!ರುವ ೈ-ಾಾ ಪೇಶಗಳ ಪಕರಣಗ4-ೆ ಅನ:7ಸುತ!ೆ. 3) ಸದ Yಾಲುಾೆ Xೕಜೆಯು ನಗದು ಪBಾರ ಬದ$-ೆ ಅೇ ೈ-ಾಾ ಪೇಶದ$% ಾ:;ೕನಪ5ೊಂಡ ಅ/ವೃ1ಪ5ದ ಜAೕನನು) Tಾತ ಭೂTಾ$ೕಕ-ೆ Fೕಡಲು ಅವಾಶ ಕ$Zಸ*ಾDೆ. 4) [ಾ$!ಯ$%ರುವ ೈ-ಾಾ ಪೇಶಗಳ$% ಭೂTಾ$ೕಕರು ಇನೂ) ಭೂಪBಾರವನು) ಪRೆಯದ ಪಕರಣಗ4-ೆ, ಅವರುಗಳ= ಇKSದ°è ಅೇ ೈ-ಾಾ ಪೇಶಗಳ$% ಅ/ವೃ1ಪ5ದ ಜAೕನು ಲಭ &ದW$% Tಾತ ಈ Xೕಜೆಯನು) &ಸ!ಸಲು Bಾಗೂ ಅ/ವೃ1ಪ5ದ ಜAೕನು ಲಭ &ಲ%ದ ಪ\ದ$% ನಗದು ರೂಪದ$%]ೕ ಭೂಪBಾರವನು) ಪRೆಯತಕJದುW". 5. Specifically referring to paragraph 3, counsel for the petitioners submits that since the aforesaid Government Order provides an option to the petitioners to seek for allotment of developed land in the very same developed area instead of seeking compensation in terms of money, respondent - authorities are bound to grant /allot developed land in any of the portion of the developed area in terms of the said Government Order. He further submits the endorsement specifically refers to dispute pertaining to Sy.No.53. There is no dispute with respect to the extent of 2 acres 12 guntas of land belonging to the petitioners. He also adds that there is no need - 6 - NC: 2025:KHC:1910 WP No. 6814 of 2024 in terms of the Government Order for the respondent - authorities to give the developed area in the very same land. However, they can also allot the extent of developed area in any other portion of the developed area. Hence, he submits necessary direction be issued to the respondent -authorities. 6. In response, learned counsel for the respondent - KIADB submits request of the petitioners would be considered subject to availability of any developed land within the developed area in terms of the Government order. 7. Submission is taken on record. 8. In that view of the matter, following; ORDER (a) Petition is disposed of, directing the respondent -KIADB to ascertain availability of the developed area in terms the Government Order dated 23.02.2021 referred to hereinabove and shall intimate the petitioners in writing regarding the same. (b) Such ascertainment and communication of the decision shall be made within an outer limit of eight - 7 - NC: 2025:KHC:1910 WP No. 6814 of 2024 (8) weeks from the date of receipt of certified copy of this order. (c) It is made clear that general award which has already been passed would be subject to the allotment of the developed area as directed above. If even the event of the Respondent-KIADB allotting developed area to the petitioners the general award shall stand quashed automatically. (d) The respondent -authorities shall also give a personal hearing to the petitioners before taking any further decision in the matter. Sd/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 28