- 1 - NC: 2025:KHC:2351 WP No. 35997 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 35997 OF 2024 (LA-KIADB) BETWEEN: SRI GANGADHARAIAH T. M., S/O LATE MUDDAPPA AGED ABOUT 53 YEARS R/AT TANGANAHALLI VILLAGE KOLALA HOBLI, KORATAGERE TALUK TUMKUR – 572 140. …PETITIONER (BY SRI ASHWINI P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA BENGALURU – 01. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER NO.14/3, II FLOOR, R.P.BUILDING NRUPATHUNGA ROAD BENGALURU – 01. 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2351 WP No. 35997 of 2024 BOARD, I FLOOR, MARUTHI TOWER NEAR SIT MAIN GATE TUMKUR – 572 103. …RESPONDENTS (BY SRI SPOORTHY HEGDE N., HCGP FOR R1; SRI P.V.CHANDRASHEKAR, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE GENERAL AWARD BEARING NO.SLAO/KIADB/TU/NO.22809 /2023-24 DTD 16.12.2023 PASSED BY THE R-3 IN RESPECT OF THE PETITIONER WAS THE ABSOLUTE OWNER OF LAND BEARING SY NO. 16/18 MEASURING 0-03 GUNTAS SITUATED AT TANGANAHALLI VILLAGE, KOLALA HOBLI, KORATAGERE TALUK, TUMKUR DIST OF THE PETITIONER IS CONCERNED WHICH IS PRODUCED AT ANNX-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER 1. The case of the petitioner is that, he is the absolute owner of the land in survey No.16/18, measuring 03 guntas, situated at Tanganahalli village, Kolala Hobli, Koratagere Taluk, Tumkur District. Respondent No.1 acquired the said property for the benefit of respondent No.2 for setting up an industrial area. That without adhering to the provisions of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short ‘the Act’), respondent No.3 has passed a general award. That though the petitioner is agreeable for acquisition of the - 3 - NC: 2025:KHC:2351 WP No. 35997 of 2024 land by the respondents, an opportunity of arriving at an agreement has been denied. Hence, the petition. 2. Learned counsel for the petitioner submits that the facts involved in the petition and the relief sought for, are similar and identical to the one in W.P.No.22091/2022, wherein a co-ordinate bench considering the issue involved in the case before it, disposed the said writ petition by an order dated 30.11.2022, produced at Annexure ‘B’. 3. Learned counsel for respondent Nos.2 and 3 – Karnataka Industrial Areas Development Board does not dispute the same. 4. In that view of the matter, the following: ORDER a. The petition is allowed in part. b. The impugned general award bearing No.SLAO/KIADB/TU/No.22809/2023-24, dated 16.12.2023, passed by respondent No.3 insofar as the land of the petitioner is concerned, is hereby quashed. - 4 - NC: 2025:KHC:2351 WP No. 35997 of 2024 c. Respondent No.3 is directed to consider the case of the petitioner in terms of Section 29(2) of the Act, on the petitioner satisfying all the requirements thereof. d. If there is any dispute, the general award would stand revived. e. Respondent No.3 is directed to withdraw the amount deposited before the competent Court if any, and disburse to the petitioner herein, in accordance with law. Sd/- (M.G.S. KAMAL) JUDGE NVJ List No.: 1 Sl No.: 13