- 1 - NC: 2025:KHC:5011 RP No. 483 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI REVIEW PETITION NO.483 OF 2024 BETWEEN: 1. THE MANAGING DIRECTOR KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB), NO.39, IV FLOOR, SHANTI GRUHA BHARATI SCOUTS AND GUIDE BUILDING, PALACE ROAD, BENGALURU - 560001. THERE IS NO DESIGNATION AS MANAGER DIRECTOR IN KIADB, THE KIADB IS REPRESENTED BY ITS CEO AND EM. 4TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALURU-560001. 2. THE SPECIAL LAND ACQUISITION OFFICER I NO.39, IV FLOOR, SHANTI GRUHA BHARATI SCOUTS AND GUIDE BUILDING, PALACE ROAD, BENGALURU-560001. … PETITIONERS (BY SRI H.L. PRADEEP KUMAR, ADVOCATE) AND: 1. SRI CHOWDAIAH S/O. LATE SRI DODDAIAH AGED ABOUT 80 YEARS, R/O. KEPAIAHANA DODDI, CHEELUR DAKSHALE MARALAVADI HOBLI, KANAKPURA TALUK, RAMANAGAR-562117. MALLIKARJUN RUDRAYYA KALMATH Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Date: 2025.02.06 14:17:32 +0530 - 2 - NC: 2025:KHC:5011 RP No. 483 of 2024 2. SRI KEMPAIAH SINCE DECEASED BY HIS LRS SRI. PUTTARAJU S/O. LATE SRI KEMPAIAH, AGED ABOUT 61 YEARS, R/O. ANAMANAHALLI KASABA HOBLI, KANAKAPURA TALUK, RAMANAGARA-562117. 3. THE SECRETARY DEPARTMENT OF REVENUE, GOVT OF KARNATAKA, M.S.BUILDING, BENGALURU-560001. 4. SRI K.M.BASAVARAJU S/O. LATE SRI MADEGOWDA, AGED ABOUT 55 YEARS, R/O. KUNTIKAL DODDI, KASABA HOBLI, KANAKAPUR TALUK, RAMANAGAR–562117. … RESPONDENTS (BY SRI R. SRINIVASAGOWDA, ADVOCATE FOR R1, R2 & R4; SRI MILIND DANGE, AGA FOR R3) THIS PETITION IS FILED UNDER ORDER XLVII RULE 1 READ WITH SECTION 114 OF C.P.C PRAYING THAT THIS HONBLE COURT BE PLEASED TO REVIEW AND RECALL THE JUDGMENT AND ORDER DATED 08.12.2023 PASSED IN W.P. NO.4934/2022 (ANNEXURE-A) IN SO FAR AS IT RELATES TO THE DIRECTION TO THE KIADB TO PAY COMPENSATION IN TERMS O COMPROMISE PETITION AND BE FURTHER PLEASED TO PASS SUCH OTHER ORDER AS IT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE RAVI V HOSMANI - 3 - NC: 2025:KHC:5011 RP No. 483 of 2024 ORAL ORDER This petition is filed for review/recall of order dated 08.12.2023 passed by this Court in W.P.no.4934/2022, insofar as it relates to direction to KIADB to pay compensation in terms of Compromise petition. 2. Sri HL Pradeep Kumar, learned counsel for review petitioners submitted in said writ petition, petitioners had sought for quashing of General Award dated 05.07.2021 insofar as Sy.no.481 measuring 2 Acres 12 guntas of Cheelur village and for directing KIADB to disburse compensation as per Consent Award taking note of Compromise between petitioner and respondent no.4 in writ petition. 3. It was submitted, net amount payable under General Award was more than amount payable under Consent Award and therefore even respondent no.4 was seeking for payment of said compensation. In view of above, since intent of writ petition was to avail higher compensation between Consent Award and General Award, whereas it now appears amount payable under General Award itself was higher, seeks for recall of judgment. - 4 - NC: 2025:KHC:5011 RP No. 483 of 2024 4. Sri R. Srinivasa Gowda, learned counsel submitted that he has filed vakalath for other private respondents also and submits that he has no objections for allowing review petition and prays for direction to KIADB to disburse compensation amount as early as possible and as petitioners are aged. He further submits that writ petition may be disposed of accordingly. 5. In reply, learned counsel for review petitioners, graciously submitted that KIADB would disburse compensation amount of Rs.1,64,85,122/- under General Award and same would be released forthwith. 6. Sri Milind Dange, learned AGA submitted that Contempt Petition no.1048/2024 was pending and in case review petition is allowed, contempt petition would not survive. 7. In view of above, since respondents - original writ petitioners concede for allowing review petition, without any more, Review Petition is allowed, order dated 08.12.2023 is recalled. 8. Writ petition is disposed of by directing respondents no.1 and 2 to consider claim of petitioners for payment of - 5 - NC: 2025:KHC:5011 RP No. 483 of 2024 compensation under General Award by taking note of sharing agreement between petitioners and respondent no.4, in terms of compromise petition filed before Court on 08.12.2023 as early as possible, and in accordance with law. SD/- (RAVI V HOSMANI) JUDGE GRD CT:PA LIST NO.: 19 SL NO.: 2