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2025 DAILYLAW 23954 (KAR)

SMT. NAGARATHNA M v. THE STATE OF KARNATAKA

WP/11477/2025 · 2025-04-17

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:15877 WP No. 11477 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 11477 OF 2025 (LA-KIADB) BETWEEN: SMT. NAGARATHNA M., W/O. LATE PUTTASWAMAIAH K., AGED ABOUT 51 YEARS RESIDING AT ARALALASANDRA VILLAGE, HOSUR POST, BIDADI HOBLI, RAMANAGARA TALUK AND RAMANAGARA DISTRICT - 562 109 …PETITIONER (BY SRI. SRIHARI A.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA BANGALORE - 560 001 BY ITS SECRETARY 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIJA BHAVAN BANGALORE - 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER 3. THE SPECIAL LAND ACQUISITION OFFICER-1 THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.39, 4TH FLOOR, BHARATH SCOUTS AND GUIDES BUILDING, PALACE ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 SRI. VASANTHA, ADVOCATE FOR R2 & R3.) Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15877 WP No. 11477 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE GENERAL AWARD BEARING NO.KIADB/LA/2023-24 DTD 4.03.2024 VIDE ANNEXURE-A PASSED BY THE R-3 AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondent No.1. Learned counsel Sri.Vasanth, who is present in the Court is directed to take notice for respondent Nos.2 and 3. 2. The petitioner's property bearing Sy.No.33/2, measuring 25 guntas, situated at Kanchugaranahallli Village, Bidadi Hobli, Ramanagara Taluk and District was notified for acquisition by State Government for the benefit of respondent No.2-KIADB. The grievance of the petitioner is that, while the General Award passed by the respondent No.3-Special Land Acquisition Officer-I was questioned by some of the landlords, this Court in the Smt.Rathnamma Vs. The State of Karnataka in W.P.No.31702/2018, by order dated 29.11.2018 has set aside the General Award and directed the respondents to consider the claim of the petitioner under Section 29(2) of - 3 - NC: 2025:KHC:15877 WP No. 11477 of 2025 the KIAD Act, 1966, within a period of two months. Therefore, it is the prayer of the petitioner that similar orders may be passed in this writ petition to set aside the General Award and direct the respondent authorities to consider claim for compensation under Section 29(2) of the Act. 3. The submission of the learned counsel for petitioner is not controverted at the hands of the respondents. 4. Consequently, this Court proceeds to pass the following:- ORDER (i) Writ Petition is hereby allowed. (ii) The impugned General Award at Annexure –A, dated 04.03.2024 is hereby quashed. (iii) Respondent No.3 (SLAO) is hereby directed to consider the claim of the petitioner under Section 29(2) of the KIAD Act, 1966 within a period of four months from the date of receipt of copy of this order. (iv) It is made clear that in the event, if any dispute arises with regard to entitlement and - 4 - NC: 2025:KHC:15877 WP No. 11477 of 2025 apportionment of the award amount, the General Award at Annexure-A, which has been quashed by this Court would revive. Liberty is reserved to Special Land Acquisition Officer, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to General award. Sd/- (R DEVDAS) JUDGE DS List No.: 1 Sl No.: 9