- 1 - NC: 2025:KHC:6718 WP No. 17674 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 17674 OF 2024 (LA-KIADB) BETWEEN: 1. R REVATHI W/O A RAJU AGED ABOUT 48 YEARS, RESIDING AT NO.3084, 9TH CROSS, GAYATHRI NAGAR, BANGALORE-560 021. 2. SHIVARUDRAPPA S/O LATE S C NANJUNDAIAH AGED ABOUT 72 YEARS, R/AT NO.56, P F LAYOUT VIJAYANAGAR BENGALURU-560 047. 3. NAGARATHNA W/O K S VEERABHADRAIAH AGED ABOUT 69 YEARS, R/AT NO.176, 5TH CROSS, MARUTHINAGAR AEROHALLI CROSS, VISHWANIDAM POST, BENGALURU-560 091. 4. G ANTHONY HENRY S/O LATE R GNANAPRAKASH AGED ABOUT 60 YEARS, RESIDING AT NO.F-2 PEARL NEST APARTMENT, NO.80, ANTHONY NICHOLAS STREET, ASHOK NAGAR BENGALURU-560 025. Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:6718 WP No. 17674 of 2024 5. B USHA BAI W/O T R JAGANATHA RAO AGED ABOUT 68 YEARS, R/AT NO.20/1, SRI SAIKRUPA 1ST FLOOR, 10TH MAIN ROAD, 4TH BLOCK, NANDINI LAYOUT BENGALURU-560 096. 6. A. RAVINDRA RAO S/O LATE SRI RADHAMMAAMRUTHRAO AGED ABOUT 47 YEARS, RESIDING AT NO.3, BENAKANILAYA 2ND FLOOR, 2ND CROSS, 5TH MAIN, J P NAGAR, 8TH PHASE, KOTHNOOR DINNE BANGALORE-560 078. …PETITIONERS (BY SRI. RADHANANDAN B S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY TAHSILDAR BENGALURU SOUTH TALUK KANDAYA BHAVAN K G ROAD BANGALORE-560 009. 2. THE SPECIAL LAND ACQUISITON OFFICER-2 METRO KIADB, 1ST FLOOR MAHARSHIARAVIND BHAVAN NRUPATUNGA ROAD, BENGALURU-560 010. 3. BENGALURU METRO RAIL CORPORATION LTD /KIADB 3RD FLOOR, BMTC COMPLEX, K H ROAD, SHANTHINAGAR BENGALURU-560 076. …RESPONDENTS (BY SRI. SPOORTHI HEGDE N., ACGP FOR R1; SRI. P.V. CHANDRASHEKAR.,ADVOCATE FOR R2 SRI. N.N. HARISH., ADVOCATE FOR R3) - 3 - NC: 2025:KHC:6718 WP No. 17674 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING AND SETTING ASIDE THE GENERAL AWARD DATED 17-12-2018 VIDE NO.KIADB/METRO/LA/DP-1C/2018-19 ISSUED BY THE 2ND RESPONDENT AT ANNEXURE-A WITH RESPECT TO THE SCHEDULE A TO F PROPERTY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court seeking following reliefs: '' a) Issue a Writ in the nature of Certiorari or any other appropriate Writ, Direction or Order etc., by quashing and setting aside the General Award dated 17-12-2018 vide No.KIADB/METRO/LA/DP- 1C/2018-19 issued by the 2nd Respondent at Annexure-A with respect to the schedule A to F Property. b) Issue a Writ in the nature of Mandamus or any other appropriate Writ, Direction or Order etc., by directing the Respondents No.1 and 2 to pass fresh Award with respect to the schedule A to F property under the provisions of Right to Pay Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013. c) Cost of the proceedings. d) To grant any other relief or relief's as this Hon'ble Court deems fit and proper in the facts and circumstances of the case and in the interest of justice and equity.'' - 4 - NC: 2025:KHC:6718 WP No. 17674 of 2024 2. Learned counsel for the petitioners submits that the subject matter and issue involved in the present petition is covered by the order dated 27.02.2024 in W.P.Nos.54368/2018 C/w 10506/2019 and order dated 23.07.2024 in W.P.No.18633/2024 passed by the Co-ordinate Bench of this Court. He submits that a similar relief and benefit be extended to the petitioner in this case as well. 3. Learned counsel for the respondent-KIADB does not dispute this fact. However, he submits that the larger issue concerning legality is pending before the Hon'ble Apex Court. He submits that subject to the outcome of the said proceedings as noted in the order relied upon the by learned counsel for the petitioner, petition be disposed of. 4. Submissions taken on record. 5. The Co-ordinate Bench of this Court in W.P.Nos.54368/2018 C/w 10506/2019 has observed as under: ''12. In that view of the matter, the KIADB would also have to pay the amount that has been deducted as tax to the petitioners. It would be, however, open to the KIADB to seek refund of the tax from the Income Tax Department, since the Income Tax Department has accepted the order of the Division Bench holding that it cannot insist on - 5 - NC: 2025:KHC:6718 WP No. 17674 of 2024 tax being deducted at source in respect of the compensation awarded under the provisions of the 1894 Act. Writ Petitions are, accordingly, disposed of. 13. The amounts awarded under the general awards that has been passed under the 1894 Act, which is stated to have been deposited by the KIADB before the Reference Court shall be disbursed in accordance with law to the persons, who are entitled to claim the said amount. 14. The Reference Court shall invest the enhanced compensation that the fresh award to be passed under the 2013 Act, in a Fixed Deposit in any Scheduled or Nationalised Bank and the disbursal would be dependant on the aforementioned decision of the Hon’ble Supreme Court in the pending Special Leave Petition.'' 6. The present petition since stated to be one involving similar question, petition is disposed of in the same lines as that of the aforesaid order dated 27.02.2024 passed in W.P.Nos.54368/2018 C/w 10506/2019 and order dated 23.07.2024 passed in W.P.No.18633/2024. *"The respondent-SLAO-KIADB shall pass fresh award under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 and deposit the amount consequent thereof within an outer limit of three months from the date of receipt of certified copy of this order." Sd/- (M.G.S. KAMAL) JUDGE RL Page No.5 is retyped and replaced vide court order dated 28.02.2025