- 1 - NC: 2025:KHC:16807 WP No. 10742 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 10742 OF 2025 (LA-KIADB) BETWEEN: SRI.K.CHANDRASHEKHAR, S/O. LATE. KRISHNAPPA, AGED ABOUT 71 YEARS, R/AT NO.684, GOWRAMMA NILAYA, 1ST MAIN, 2ND CROSS, BEHIND POLICE QUARTERS, K.G.HALLI, SAMPANGIRAMAIAH LAYOUT, BANGALORE-560045. …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.14/3, 1ST FLOOR, CFC BUILDING, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16807 WP No. 10742 of 2025 MAHARSHI ARAVINDA BHAVAN, NRUPATUNGA ROAD, BANGALORE-560 001. 4. METRO RAIL CORPORATION LIMITED, BMTC COMPLEX, 3RD FLOOR, K. H. ROAD, SHANTINAGAR, BENGALURU-560 027. REP. BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI. SESHU V., HCGP FOR R1; SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE GENERAL AWARDS BEARING NO'S.KIADB/METRO/BHUSWA/VE- R6-UG-P27C/2021-22 DATED 17.11.2021 AND KIADB/METRO/BHUSWA/VE-R6-UG-P27 & 27B/2021-22 DATED 17.11.2021 PASSED BY THE RESPONDENT NO.3 IN RESPECT OF PROPERTY MEASURING 1148.42 SQ. METERS IN SY.NO.136/2 AND 3798.81 SQ.METERS OF LAND IN SY.NO.136/1 SITUATED AT KADUGONDANAHALLI VILLAGE, KASABA HOBLI, BANAGALORE NORTH TALUK, BANGALORE DISTRICT, IN SO FAR AS THE PETITIONER IS CONCERNED, WHICH IS PRODUCED AS ANNEXURE-E & F AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS * Re-typed and replaced vide Court Order dated 20/06/2025 - 3 - NC: 2025:KHC:16807 WP No. 10742 of 2025 ORAL ORDER Learned AGA takes notice for respondent No.1. Learned Counsel Sri.H.L.Pradeep Kumar takes notice for respondents No.2 to 4. 2. Learned Counsel for the petitioner submits that respondent has been awarded only 50% as the consent award passed in the general award at Annexure-'E' **and ‘F’, dated 17.11.2021. 3. Learned Counsel submits that this Court has held in several matters including the recent decision in the case of Harisha.R vs. State of Karnataka and others in W.P.No.12703/2023 dated 27.06.2023 following an earlier decision in W.P.No.6198/2015, that the land loser would be entitled for a better price as compensation instead of determination under a General Award. As a consequence, all such matters where it was found that a General Award was passed only on some technical ground that the land loser was not present at the time of hearing or such other technical reasons, this Court was of the ** Inserted vide Chamber Order dated 27/06/2025 - 4 - NC: 2025:KHC:16807 WP No. 10742 of 2025 considered opinion that since the land loser would get a better price if the compensation is awarded in terms of the agreement and not under a General Award, the award may be passed in terms of an agreement. Therefore, the learned counsel submits that similar benefit should be given to the petitioners. 4. On going through the following judgments, which were rendered by this Court: i) Smt. Rukmani v/s State of Karnataka - W.P No.39611-39612/2016 dated 16.09.2016; ii) Sri.Basavaraju vs. State of Karnataka - W.P.No.34071/2017 dated 28.08.2017; iii) Sri.Rajanna vs. State of Karnataka - W.P.No.51362/2016 dated 21.03.2018; iv) Smt.Ningamma vs. state of Karnataka - W.P.No.6198/2015 dated 25.08.2015; v) Sri.Bhyraiah vs. State of Karnataka - W.P.No.40896/2017 dated 24.01.2019. - 5 - NC: 2025:KHC:16807 WP No. 10742 of 2025 this Court is of the considered opinion that the petitioners are entitled for similar relief as was given in the cases mentioned hereinabove. 5. Consequently, the following: ORDER (i) The writ petition is allowed. (ii) The impugned General Award dated 17.11.2021 at Annexure-'E' **and ‘F’ insofar as the petitioner's land is concerned is set aside. (iii) The respondent-Special Land Acquisition Officer, KIADB is directed to reconsider the request of the petitioners for award of compensation by way of an agreement under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 and pass necessary orders within a period of three months from the date of receipt of a copy of this order. (iv) The respondent – Special Land Acquisition Officer, KIADB, is at liberty to withdraw the amount that has been deposited by it ** Inserted vide Chamber Order dated 27/06/2025 - 6 - NC: 2025:KHC:16807 WP No. 10742 of 2025 pursuant to the General Award before the jurisdictional court. (v) Needless to state that in the event of any dispute, the General Award would stand restored. Ordered accordingly. Sd/- (R DEVDAS) JUDGE DS CT:TSM List No.: 1 Sl No.: 10