- 1 - NC: 2025:KHC:17265 WP No. 12671 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 12671 OF 2025 (LA-KIADB) BETWEEN: SRI SHAJI BABY JOHN, S/O. BABY JOHN, AGED ABOUT 66 YEARS, R/AT. NO. A 003, BELVEDERE OZONE URBANA, KANNAMANGALA, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT- 562 110. …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-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, 1ST FLOOR, CFC BUILDING, MAHARSHI ARAVINDA BHAVAN, NRUPATUNGA ROAD, BANGALORE-560 001. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 AND R3) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17265 WP No. 12671 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE GENERAL AWARD BEARING NO. BENGALURU/VI BHU SWA A2/1815/2017-18 DATED 24/08/2017 PASSED BY THE R3 IN RESPECT OF LAND IN SY.NO. 127 MEASURING 2 ACRES OF LAND SITUATED AT KANNAMANGALA VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT, IN SO FAR AS THE PETITIONER IS CONCERNED, WHICH IS PRODUCED AT ANNEXURE-D 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 R.DEVDAS J., (ORAL): Learned AGA takes notice for respondent No.1. Learned Counsel Sri.H.L.Pradeep Kumar, who is present in the Court takes notice for respondents Nos.2 and 3. 2. 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 24.08.2017 at Annexure-'D'. - 3 - NC: 2025:KHC:17265 WP No. 12671 of 2025 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 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. On going through the following judgments, which were rendered by this Court: - 4 - NC: 2025:KHC:17265 WP No. 12671 of 2025 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 hereinabove. 5. Consequently, the following: ORDER (i) The writ petition is allowed. (ii) The impugned General Award dated 24.08.2017 at Annexure-'D' 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 petitioner for award of compensation by way of an agreement - 5 - NC: 2025:KHC:17265 WP No. 12671 of 2025 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 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. Learned Additional Government Advocate and the learned counsel for respondents Nos.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 NS CT:TSM, List No.: 1 Sl No.: 8