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2025 DAILYLAW 20049 (KAR)

SRI. VISHWANATH K S v. THE STATE OF KARNATAKA

WP/7592/2025 · 2025-04-01

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:13595 WP No. 7592 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 7592 OF 2025 (LA-KIADB) BETWEEN: SRI. VISHWANATH K.S, S/O LATE SRINIVAS, AGED ABOUT 44 YEARS, R/AT KOODLURU VILLAGE, GUDEMARANAHALLI POST, SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 127. …PETITIONER (BY SMT. ASHWINI P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE - 01. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, 4TH AND 5TH FLOORS, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER,-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13595 WP No. 7592 of 2025 BOARD, NO. 14/3, C.F.C BUILDING, MAHARSHI ARVIND BHAVAN, I FLOOR, N.R. ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. SESHU V, HCGP FOR R1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD BEARING NO.SLAO-02/3451/2013-14 DATED 26/12/2013 PASSED BY 3RD RESPONDENT IN RESPECT OF LAND BEARING OLD SY. NO. 17/2 NEW SY NO. 17/5 MEASURING 1 ACRES 15 GUNTAS, SITUATED AT R/AT, LAKSHMANAPURA VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, IN SO FOR AS OF PETITIONER IS CONCERNED, WHICH IS PRODUCED AT ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader accepts notice for respondent No.1. Sri.P.V.Chandrashekar, learned counsel who is present in the Court takes notice for respondent Nos.2 and 3. 2. Learned counsel for the petitioner submits that the petitioner is the absolute owner of Sy.No.17/2, new Sy.No.17/5, measuring 1 acre 15 guntas, situated at - 3 - NC: 2025:KHC:13595 WP No. 7592 of 2025 Lakshmanapura Village, Thyamagondlu Hobli, Nelamangala Taluk. The lands have been notified for acquisition for the benefit of the respondent-KIADB. There was a civil dispute in O.S.No.294/2010. However, a compromise decree was filed in the said suit, and in terms of the compromise petition, defendant No.1-the petitioner herein is solely entitled to receive the compensation amount at the hands of respondent-KIADB. The compromise decree was passed on 30.09.2021. The petitioner has given a representation dated 01.04.2022 to the Special Land Acquisition Officer-1, KIADB, seeking developed land in lieu of compensation, in terms of the government order bearing No.CI/103/SPQ(E)2019 dated 23.02.2021. However, respondent No. 3-SLAO has not passed any orders pursuant to the representation given by the petitioner. 3. Having regard to the fact narrated herein above, the writ petition stands disposed of with a direction to respondent No.3/Special Land Acquisition Officer-2, - 4 - NC: 2025:KHC:13595 WP No. 7592 of 2025 KIADB, to consider the representation given by the petitioner for the grant of developed lands in lieu of compensation in terms of the government order referred to hereinabove and pass necessary orders as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. 4. In order to enable respondent No.3 to pass such an order, the impugned award dated 26.12.2013 at Annexure-A stands quashed insofar as the petitioner’s lands are concerned. In case respondent No. 3 is unable to grant developed lands for want of any such land in the industrial area, the award shall stand revived, and the compensation may be released to the petitioner in accordance with law. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rv CT: BHK