- 1 - NC: 2025:KHC:18112 WP No. 13647 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 13647 OF 2025 (LA-KIADB) BETWEEN: SMT. ROOPA S W/O. NANDEESH. K. P., AGED ABOUT 40 YEARS, R/AT NO. 3, KANNASANDRA VILLAGE, LAKKENAHALLI POST, SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT-562 127. …PETITIONER (BY SRI. UDAY K.S., ADVOCATE FOR SMT. ASHWINI P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE-560 001. 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 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18112 WP No. 13647 of 2025 DEVELOPMENT BOARD, NO. 14/3, C.F.C. BUILDING, MAHARSHI ARVIND BHAVAN, 1ST FLOOR, N.R. ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI.SPOORTHY HEGDE., HCGP FOR R1 & R2 SRI. P.V. CHANDRASHEKAR., ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD BEARING NO. KIADB.LAQ NO.1201/2022-23 DTD. 27.12.2022 PASSED BY R-3 IN RESPECT OF LAND BEARING OLD SY NO.97 NEW SY.NO. 145/2 MEASURING 2-00 ACRES, SITAUTED AT KAREHALLI VILLAGE, THYAMAGOUNDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, 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. Learned Counsel Sri.P.V.Chandrashekar, 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 land in Sy.No.97, New - 3 - NC: 2025:KHC:18112 WP No. 13647 of 2025 Sy.No.145/2, measuring 2.00 Acres, situated at Karehalli Village, Thyamagoundlu Hobli, Nelamangala Taluk, Bangalore Rural District. 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 the General Award dated 27.12.2022 at Annexure-'A'. 3. Learned Counsel for the petitioner 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 - 4 - NC: 2025:KHC:18112 WP No. 13647 of 2025 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 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, this Court is of the considered opinion that the petitioners are entitled for similar relief as was given in the cases mentioned hereinabove. - 5 - NC: 2025:KHC:18112 WP No. 13647 of 2025 5. Consequently, this Court proceeds to pass the following: ORDER i) The writ petition is allowed. ii) The impugned General Award dated 27.12.2022 at Annexure-'A' insofar as the petitioner’s land is concerned is herby quashed and 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 - 6 - NC: 2025:KHC:18112 WP No. 13647 of 2025 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. 6. Learned High Court Government Pleader and the learned Counsel for respondents No.2 and 3 are permitted to file Memo of Appearance/Vakalath, as the case may be, within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT: JL