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2025 DAILYLAW 36970 (KAR)

SRI. B M ANJANEYA MURTHY v. THE STATE OF KARNATAKA

WP/36514/2024 · 2025-02-05

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:5195 WP No. 36514 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 36514 OF 2024 (LA-KIADB) BETWEEN: SRI. B M ANJANEYA MURTHY S/O LATE H MUNISHAMAPPA, AGED ABOUT 45 YEARS, R/AT BAIRADENAHALLI VILLAGE KUNDANA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT - 562110 …PETITIONER (BY SRI. SHARAN N MAJAGE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA BENGALURU - 560001 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU - 560001 3. THE SPECIAL LAND ACQUISITION OFFICER - 2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5195 WP No. 36514 of 2024 NO 14/3, 1ST FLOOR, CFC BUILDING MAHARSHI ARAVINDA BHAVAN NRUPATUNGA ROAD, BANGALORE - 560001 …RESPONDENTS (BY SRI.SPOORHY HEGDE.N, HCGP FOR R1; SRI.H.L.PRADEEP KUMAR, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1) QUASHING THE GENERAL AWARD BEARING NO. KIADB/LAQ/626/2023-24 DATED 24.05.2023 PASSED BY THE RESPONDENT NO. 3 IN RESPECT OF LAND IN SY. NO. 60 (JMC BLOCK NO.22) MEASURING 1 ACRE OF LAND SITUATED AT BAIRADENAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT, IN SO FAR AS THE PETITIONER IS CONCERNED, WHICH IS PRODUCED AS ANNEXURE-E AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER The petitioner claiming to be the absolute owner of land bearing Sy.No.60 (JMC Block No.22) measuring 1 acre situated at Bairadenahalli village, Kundanan Hobli, Devanahalli Taluka, Bengaluru District, which has been - 3 - NC: 2025:KHC:5195 WP No. 36514 of 2024 acquired by the respondent-KIADB in terms of the provisions of Section 28 of KIADB act is before this Court seeking following relief: "1) Issue writ of certiorari quashing the General Award bearing No. KIADB/LAQ/626/2023-24 dated: 24.05.2023 passed by the Respondent No. 3 in respect of land in Sy.No. 60 (JMC Block No.22) measuring 1 Acre of land situated at Bairadenahalli Village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District, in so far as the Petitioner is concerned, which is produced as ANNEXURE-E. ii) Issue any suitable order, direction or writ in the nature of mandamus directing the respondent herein to consider the case of the petitioner for grant of developed land as per as per in the industrial layout formed by acquiring the land of the petitioner. on the lines of the G.O dated 13.05 2008 bearing No. CI 495 SPQ 2008 marked, as ANNEXURE-F, the G.O dated 13.08.2007 bearing No. CI 417 SPQ 2007 marked as ANNEXURE-G and the latest GO dated 23.02.2021 bearing No. 103 SPQ (E) 2019 marked as ANNEXURE-H. iii) Pass such other order, writ or direction as the Hon'ble Court deems fit in the facts and circumstances of the case including costs." - 4 - NC: 2025:KHC:5195 WP No. 36514 of 2024 2. Learned counsel for the petitioner submits that the general award has been passed. However, in view of the government order dated 13.05.2008 produced at Annexures-F, G & H, the petitioner is also entitled for developed land in the industrial layout formed by the respondent-KIADB. Hence, seeks for quashing of the general award and for a direction to respondent-KIADB to consider his requisition/representation for allotment of developed land in lieu of the monetary compensation as per the government order dated 13.05.2008. 3. Learned counsel for the respondent-KIADB on the other hand does not dispute that in terms of the government order dated 23.02.2021, which is the current government order, governing the field, petitioner would be entitled for developed land in the industrial layout formed by the KIADB in view of monetary compensation. He submits if a representation in this regard is made by the petitioner, the same will be considered in accordance with law. - 5 - NC: 2025:KHC:5195 WP No. 36514 of 2024 4. Submission is taken on record. Accordingly, the following: ORDER i) The writ petition is allowed. ii) The general award bearing No.KIADB/LAQ/626/2023-24 dated 24.05.2023 passed respondent No.3 in respect of land bearing Sy.No.60 (JMC Block No.22) measuring 1 acre situated at Bairadenahalli village, Kundana Hobli, Devanahalli Taluka, Bengaluru District, is hereby quashed. iii) The petition shall make a fresh representation within 30 days from the date of receipt of certified copy this order, thereupon the respondent-KIADB to consider the same in terms of the government order referred to in the writ petition at annexure-H. iv) Such exercise shall be done with an outer limit of eight weeks from the date of submission of representation by the petitioner. - 6 - NC: 2025:KHC:5195 WP No. 36514 of 2024 v) The respondent-KIADB is at liberty to withdraw the amount in deposit, if any. Sd/- (M.G.S. KAMAL) JUDGE ASN List No.: 1 Sl No.: 11