- 1 - NC: 2025:KHC:7637 WP No. 33439 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 33439 OF 2024 (LA-KIADB) BETWEEN: 1. SMT. DODDABORAMMA D/O LATE BORA ALIS MALLAIAH AGED ABOUT 65 YEARS 2. SMT PUTTAVEERAMMA D/O LATE BORA ALIS MALLAIAH AGED ABOUT 63 YEARS PETITIONER NOS.1 & 2 ARE R/AT GIRENAHALLI VILLAGE HAMLET OF HAROHALLI VILLAGE KASABA HOBLI HAROHALLI TALUK RAMANAGARA DISTRICT - 562 112. …PETITIONERS (BY SMT. PRIYANKA G.M., ADVOCATE FOR SRI. K ABHINAV ANAND.,ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS SECRETARY TO GOVERNMENT INDUSTRIES AND COMMERCE DEPARTMENT VIDHANA SOUDHA DR B R AMBEKDAR VEEDHI BENGALURU - 560 001. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REP BY ITS MANAGING DIRECTOR KHANIJA BHAVANA Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:7637 WP No. 33439 of 2024 RACE COURSE ROAD BENGALURU - 560 001. 3. SPECIAL LAND ACQUISITON OFFICER-1 KIADB, NO 14/3, 1ST FLOOR MAHARSHI ARAVIND BHAVAN NRUPATHUNGA ROAD BENGALURU - 560 001 NOW AT PALACE ROAD BENGALURU - 560 001. 4. SRI K V S PRAKASH S/O SRI K S GUPTA EARLIER R/AT NO.369 4TH CROSS, 3RD PHASE J P NAGAR, BENGALURU - 560 078. PRESENTLY R/AT APARTMENTS NO.1501 TOWER -1, SVASA HOMES MATHA SHARADA DEVI ROAD K G NAGAR, BENGALURU - 560 019. …RESPONDENTS (BY SRI. SPOORTHY HEGDE., N HCGP FOR R1; SRI. C. CHANNEGOWDA., ADVOCATE FOR R2 & R3; SMT. SREEVIDYA G.K. ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD DATED 31/07/2008 IN NO. KIADB/LAQ/2007-08 PRODUCED AT ANNEXURE-D DRAWN BY R3/SPL.L.A.Q-1 PALACE ROAD, BENGALURU - 01. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:7637 WP No. 33439 of 2024 CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners claiming to be the erstwhile owners of the land in Sy.No.817 of Harohalli Village, Kanakapura Taluk, Ramanagar District measuring 2 acres (including 1 gunta of karab land) which was acquired by the respondent Nos.1 to 3 in terms of the final notification dated 25.04.2005 for the purpose of formation of Industrial Area at Harohalli Village, Kanakapura Taluk, is before this Court seeking following reliefs: ''(a). Issue a writ of certiorari and quash the general award dated 31.07.2008 in No.KIADB/LAQ/2007-08 produced at Annexure-D drawn by R3/SPL.L.A.O-1, Palace Road, Bengaluru- 560001. (b). Issue a writ of mandamus directing the respondents 1 to 3 to allot developed land in lieu of compensation available on account of acquisition of 2 acres of land (including 1 gunta of Karab) in Sy. No. 817 of Harohalli Village Kasaba Hobli, Harohalli Taluk, Ramanagara District as alternative compensation to the land owners in terms of the endorsement dated 02-03-2004 in No. KIADB/LAQ/2250/2023-24 produced as Annexure-A issued by R3/SPL.L.A.O-1, Palace Road, Bengaluru- 560001. (c) Pass such other writ/s or order/s or direction/s as this Hon'ble Court deems fit to grant or issue under the facts and circumstances of the case, in the interest of justice and equity.'' - 4 - NC: 2025:KHC:7637 WP No. 33439 of 2024 2. Learned counsel for the petitioners submit that when the scheme provides for allotment of developed area to the petitioners, the respondent-KIADB could not have passed the general award. That the inaction on the part of the respondent-KIADB in not granting the developed plan is in violation of the constitutional rights of the petitioners. Hence, the petition. 3. In response, learned counsel for the respondent-KIADB submits that the general award came to be passed in view of the dispute between the petitioners and the private respondent No.4. He further submits that in view of the dismissal of the Miscellaneous First Appeal in M.F.A.No.6364/2021 filed by the respondent No.4 resulting in the dispute having come to an end, the respondent-KIADB will consider the request of the petitioner for allotment of developed plan in terms of the scheme. 4. Learned counsel for the respondent No.4, at this juncture submits that Miscellaneous First Appeal in M.F.A.No.6364/2021 was dismissed for non-prosecution and the necessary steps have been taken in this matter. - 5 - NC: 2025:KHC:7637 WP No. 33439 of 2024 5. Be that as it is. The fact remains that the petitioners being the erstwhile land owners are entitled for the compensation in terms of the scheme whether monetary or in the form of developed area, as the case may be. Said aspect of the matter cannot be denied. Dispute, if any, between the petitioner and the respondent No.4, has to be adjudicated in the manner known to law, who ever establishes the right will be entitled for the compensation. That may not, and shall not be the reasons for respondent-KIADB denying the legitimate rights and benefits arising out of the scheme. 6. In that view of the matter, following: ORDER (i). The general award dated 31.07.2008 roduced at Annexure-D is hereby quashed. (ii) The respondent-KIADB to consider the request of the petitioners for allotment of developed area in accordance with law, upon the petitioner satisfying all the requirement thereof. - 6 - NC: 2025:KHC:7637 WP No. 33439 of 2024 (iii) Liberty is also reserved to the private respondent No.4 to putforth his claim with supporting documents, if any, which shall be considered by the respondent-KIADB. (iv). The respondent-KIADB is at liberty to withdraw the amount which is stated have been deposited before the LAC Court. (v). Needless to state that in the event of any dispute, respondent-KIADB is at liberty to pass orders as contemplated under Sections 30 and 31 of the Land Acquisition Act. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 46