- 1 - NC: 2025:KHC:14835 WP No. 10401 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 10401 OF 2025 (LA-KIADB) BETWEEN: SRI. MUNIYAPPA, S/O.LATE. DODDAPILLAPPA, AGED ABOUT 71 YEARS. R/A. APPASANDRA VILLAGE, NARASAPURA, KOLAR - 563 133. …PETITIONER (BY SRI. VARUN R.R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU - 560 001. REPRESENTED BY ITS SECRETARY. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, MAHARSHI ARAVIND BHAVAN, 1ST FLOOR, NRUPATUNGA ROAD, BANGALORE - 560 001, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER. 3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.39, SHANTHI GRUHA, Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14835 WP No. 10401 of 2025 BHARATHA SCOUTS AND GUIDES BUILDING, 4TH FLOOR, BANGALORE - 560 001, REPRESENTED BY ITS SPECIAL LAND ACQUISITION OFFICER - 1. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1; SRI. DILDAR SHIRALLI, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD PASSED BY THE R-3 DATED 02.02.2024 BEARING NO. KIADB.L.A.Q.644/2023-24 IN RESPECT OF LAND MEASURING TO AN EXTENT OF 36 GUNTAS OUT OF THE TOTAL EXTENT OF 3 ACRE 29 GUNTAS IN SURVEY NO. 110 SITUATED AT ACHANTNAHALLI VILLAGE, NARASAPURA HOBLI, KOLAR DISTRICT AS PER 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 counsel for the petitioner submits that a general award has been passed only on the ground that the petitioner was absent when the matter was heard by the Special Land Acquisition Officer for award of compensation, as could be seen in the discussions made in - 3 - NC: 2025:KHC:14835 WP No. 10401 of 2025 the general award dated 02.02.2024 at Annexure-A. 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 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 petitioner. - 4 - NC: 2025:KHC:14835 WP No. 10401 of 2025 2. On going through several of 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; this Court is of the considered opinion that the petitioner is entitled for similar relief as was given in the cases mentioned above. 3. Consequently, the following: ORDER (i) The writ petition is allowed. (ii) The impugned general award dated 02.02.2024 at Annexure-A insofar as the petitioner’s land is concerned is set aside. - 5 - NC: 2025:KHC:14835 WP No. 10401 of 2025 (iii) The respondent Special Land Acquisition Officer of the KIADB is directed to reconsider the request of the petitioner for award of compensation by way of an agreement under Section 29(2) of the KIADB Act and pass necessary orders within a period of three months from the date of receipt of 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 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 rv List No.: 1 Sl No.: 3 CT: BHK