Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:13594 WP No. 7598 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. 7598 OF 2025 (LA-KIADB) BETWEEN:
SRI. RAJASHEKARAIAH L.G, S/O LATE GANGAPPA, AGED ABOUT 79 YEARS, R/AT NO. 176, SOMPURA VILLAGE, VASAVI ROAD, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 111. …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.
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:13594 WP No. 7598 of 2025
3.
THE SPECIAL LAND ACQUISITION OFFICER,-2, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT 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. KIADB.LAQ NO.6/04-05/817/2007-08 DATED 23.06.2007 PASSED BY R-3 IN RESPECT OF LAND BEARING SY.NO. 2/1 MEASURING 2 ACRES 06 GUNTAS, SITUATED AT R/AT THIMMANAYAKANAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT IN SO FOR AS OF PETITIONER IS CONCERNED, WHICH IS PRODUCED AT ANNX-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.
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NC: 2025:KHC:13594 WP No. 7598 of 2025
2.
Learned counsel for the petitioner submits that the petitioner is the absolute owner of Sy.No.2/1, measuring 2 acres 06 guntas, situated at Thimmanayakanahalli Village, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District. The lands have been notified for acquisition for the benefit of the respondent-KIADB. There was a civil dispute in O.S.No.33/2009, where the petitioner herein is defendant. The said suit was dismissed and the regular appeal filed by the plaintiffs in R.A.No.105/2014 was also dismissed and therefore, the petitioner herein claims to be the absolute owner of the property in question. 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 23.01.2025 to the Special Land Acquisition Officer-1, KIADB, seeking developed land in lieu of compensation, in terms of the government order
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NC: 2025:KHC:13594 WP No. 7598 of 2025
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, KIADB, to consider the representation given by the petitioner for 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 23.06.2007 at Annexure-A stands quashed insofar as the petitioner’s land is concerned. In case respondent No. 3 is unable to grant developed lands for want of any such land in the industrial
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NC: 2025:KHC:13594 WP No. 7598 of 2025
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 List No.: 1 Sl No.: 8 CT: BHK