- 1 - NC: 2025:KHC:5445 WP No. 29167 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 29167 OF 2024 (LA-KIADB) BETWEEN: SMT YASMIN RAFI AHMED W/O RAFI AHMED, AGED ABOUT 55 YEARS, R/A NO. 1240, 15TH MAIN, BTM LAYOUT, 2ND STAGE, BENGALURU SOUTH, BANNERGHATTA ROAD, BENGALURU - 560 076. …PETITIONER (BY SRI. M. SHIVAPRAKASH., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENTWW OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 14/3, II FLOOR, R.P.BUILDING, NRUPATHUNGA ROAD, BENGALURU - 560001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER. 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, (METRO RAIL PROJECT) Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:5445 WP No. 29167 of 2024 1ST FLOOR, R.P.BUILDING, NRUPATHUNGA ROAD, BENGALURU - 560 001. 4. BANGALORE METRO RAIL CORPORATION LTD., REGD. OFFICE, B.M.T.C. COMPLEX, 3RD FLOOR, K.H.ROAD, SHANTHINAGAR BENGALURU - 560 027 REPRESENTED BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA AGA FOR R1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3; SRI. RAVISHANKAR A., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 AND 3 TO PASS AWARD IN RESPECT OF PROPERTY BEARING ID NO. NG-R6-UG-P49 PROPERTY BEARING SITE NO.3, OLD PID NO.964/140/3, TO AN EXTENT OF 465.82 SQ. METERS, SITUATED AT NAGAWARA VILLAGE, KASABA HOBLI, BENGALURU NORTH TALUK, BENGALURU, CONSIDERING CONSENT AWARDS PASSED IN RESPECT OF IMMEDIATE ABUTTING LANDS, AT PAR WITH THE PROPERTY BEARING ID NO. NG-R6-UG-P50 WITH STATUTORY INTEREST FROM THE DATE OF DELIVERY OF POSSESSION OF THE SUBJECTED LAND AND DEPOSIT THE AWARD AMOUNT BEFORE THIS HONBLE COURT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 3 - NC: 2025:KHC:5445 WP No. 29167 of 2024 ORAL ORDER Petitioner claiming to be the erstwhile owner of the property bearing site No.3, with Old PID No.964/140/3, measuring East By 46.5 Feet, West by 46.5 Feet, North by 119.5 feet and South by 112 feet in total 5615 Sq.Ft., situated at Nagawara Village, Panchayath Khata No.964/3, Kasaba Hobli, Bengaluru North Taluk, presently within the jurisdiction of BBMP ward No.24 Bengaluru, having acquired the same in terms of deed of sale dated 14.06.2004, which was acquired by the respondent-KIADB for the benefit of respondent No.4- BMRCL, is before this Court seeking following reliefs: ''i. Issue writ of mandamus or any other order and direct Respondent No.2 and 3 to pass award in respect of property bearing ID No.NG-R6-UG-P49 property bearing Site No.3, old PID No.964/140/3, to an extent of 465.82 Sq. meters, situated at Nagawara Village, Kasaba Hobli, Bengaluru North Taluk, Bengaluru, which is presently within the jurisdiction of BBMP Ward No.24 Bengaluru, considering consent awards passed in respect of immediate abutting lands, at par with the property bearing ID No.NG-R6-UG-P50 with statutory interest from the date of delivery of possession of the subjected land and deposit the award amount before this Hon'ble Court, in the interest of justice. ii. Direct the Respondents to pay compensation of Rs. 10,00,000/- Lakhs to the Petitioner in addition to passing of award for the inordinate delay in passing the award. - 4 - NC: 2025:KHC:5445 WP No. 29167 of 2024 iii. Issue any other orders or directions as deems fit to the facts and circumstances of the case and to meet the interest of justice. In the alternative iv. Issue writ of certiorari or any other writ or order and quash the Final Notification issued under Section 28(4) Of the Act/by virtue of order No. CI 93 SPQ 2018 dated 17.01.2019. in so far as respect of property bearing ID No.NG-R6-UG-P49 property bearing Site No.3, old PID No.964/140/3, to an extent of 465.82 Sq. meters, situated at Nagawara Village, Kasaba Hobli, Bengaluru North Taluk, Bengaluru, is at ANNEXURE - E, and restore the possession of the Schedule Properties to the Petitioner. V. Direct the Respondents to pay compensation of Rs.10,00,000/- Lakhs to the Petitioner in addition to passing of award for the inordinate delay in passing the award. vi. Issue any other orders or directions as deems fit to the facts and circumstances of the case and to meet the interest of justice. '' 2. Learned counsel for the petitioner submits that petitioner is not challenging the acquisition, however, the only grievance of the petitioner is that while granting package compensation, respondent No.4-BMRCL had discriminated the land of petitioner, in that, land situated adjacent to the land of the petitioner has been considered as commercial land and the compensation has been awarded accordingly, while, the land of the petitioner has been considered as agricultural property. He - 5 - NC: 2025:KHC:5445 WP No. 29167 of 2024 submits that this discrimination has led to financial loss and hardship to the petitioner. 3. On 06.01.2025, Sri. Shivaprakash. M, learned counsel appearing for petitioner filed a memo along with Official Memorandum dated 28.04.1976 to contend that the property of the petitioner forming part of the land in Sy.No.964/140/3 of Nagavara Village, had been converted for non-agricultural residential purposes. 4. Today, learned counsel for the respondent No.4-BMRCL on instructions submit that the land of the petitioner indeed had been converted and also confirms that the package compensation awarded to the land situated adjacent was on consideration of the same having been converted for non- agricultural purposes. He further submits that the general award has been passed as far back as on 22.01.2020 and the petitioner has been paid Rs.30,55,835/- inclusive of tax. He however fairly submits that the case of the petitioner would be reconsidered on par with adjacent land treating the same as non agricultural property. 5. Submission placed on record. - 6 - NC: 2025:KHC:5445 WP No. 29167 of 2024 6. In that view of the matter, petition is disposed of with the following directions: ORDER (i). Petitioner to submit a fresh representation within fifteen days from the date of receipt of certified copy of this order and the respondent No.4-BMRCL shall consider awarding of compensation in respect of her land considering the same to be non-agricultural land on par with compensation paid in respect of adjacent land as done in the case vide reference No.NG-R6-UG-P50/2017-20188, as found at Annexure-G, (Page No.50). (ii). The respondent No.4-BMRCL to consider such representation within an outer limit of eight weeks thereafter. (iii). It is made clear that in the event of petitioner agreeing to the revised package compensation to be passed by the respondent - 7 - NC: 2025:KHC:5445 WP No. 29167 of 2024 No.4, considering the property of the petitioner as non-agricultural property, petitioner shall not seek further enhancement or any other benefits including interest. (iv). Since, respondent-SLAO has already deposited the amount as noted above before the Civil Court, petitioner is at liberty to withdraw the same, if not already withdrawn. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 23