- 1 - NC: 2025:KHC:13083 WP No. 36410 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 36410 OF 2024 (LA-KIADB) BETWEEN: SRI. DODDALANKAIAH, S/O LATE MUDDAHANUMEGOWDA ALIAS HANUMEGOWDA, AGED ABOUT 63 YEARS, R/AT YADAVANAHALLI VILLAGE, CHEELURU POST, DODDA MARALAWADI HOBLI, KANAKAPURA TALUK, RAMANAGARA - 562 112. …PETITIONER (BY SMT. LATHA S.S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA, BANGALORE - 560 001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.39, BHARATH SCOUTS AND GUIDES Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13083 WP No. 36410 of 2024 BUILDING, 4TH FLOOR, PALACE ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1; SRI. VASANTH, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASHING THE GENERAL AWARD BEARING NO. KIADB/LAQ/ /2019-20 DATED 11.10.2019 PASSED BY THE RESPONDENT NO. 3 IN RESPECT OF LAND IN SY. NO.138/2 MEASURING 0.6 GUNTAS, SITUATED AT CHEELURU VILLAGE, MARALWADI HOBLI, KANAKAPURA TALUK, RAMANAGARA DIST, IN SO FAR AS THE PETITIONER IS CONCERNED, WHICH ARE PRODUCED AS ANNEXURE-H AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER R.DEVDAS J., (ORAL): Learned counsel for the petitioner submits that a general award has been passed only on the ground that the petitioner was absent when the matter was heard by the Special Land Acquisition Officer for award of compensation, as could be seen in the discussions made in - 3 - NC: 2025:KHC:13083 WP No. 36410 of 2024 the general award dated 11.10.2019 at Annexure-H. Learned counsel submits that this Court has held in several matters including the recent decision in the case of Harisha.R /vs./ State of Karnataka and others in W.P.No.12703/2023 dated 27.06.2023 following an earlier decision in W.P.No.6198/2015, that the land loser would be entitled for a better price as compensation instead determination under a general award. As a consequence all such matters where it was found that a general award was passed only on some technical ground that the land loser was not present at the time of hearing or such other technical reasons, this Court was of the considered opinion that since the land loser would get a better price if the compensation is awarded in terms of the agreement and not under a general award, the award may be passed in terms of an agreement. Therefore, the learned counsel submits that similar benefit should be given to the petitioner. - 4 - NC: 2025:KHC:13083 WP No. 36410 of 2024 2. On going through several of the following judgments which were rendered by this Court: i) Smt. Rukmani v/s State of Karnataka - W.P No.39611-39612/2016 dated 16.09.2016; ii) Sri.Basavaraju vs. State of Karnataka - W.P.No.34071/2017 dated 28.08.2017; iii) Sri.Rajanna vs. State of Karnataka - W.P.No.51362/2016 dated 21.03.2018; iv) Smt.Ningamma vs. state of Karnataka - W.P.No.6198/2015 dated 25.08.2015; v) Sri.Bhyraiah vs. State of Karnataka - W.P.No.40896/2017 dated 24.01.2019; this Court is of the considered opinion that the petitioner is entitled for similar relief as was given in the cases mentioned above. 3. Consequently, the following: ORDER (i) The writ petition is allowed. (ii) The impugned general award dated 11.10.2019 at Annexure-H insofar as the petitioner’s land is concerned is set aside. - 5 - NC: 2025:KHC:13083 WP No. 36410 of 2024 (iii) The respondent Special Land Acquisition Officer of the KIADB is directed to reconsider the request of the petitioner for award of compensation by way of an agreement under Section 29(2) of the KIADB Act and pass necessary orders within a period of three months from the date of receipt of copy of this order. (iv) The respondent – Special Land Acquisition Officer, KIADB, is at liberty to withdraw the amount that has been deposited by it pursuant to the general award before the jurisdictional court. (v) Needless to state that in the event of any dispute, the general award would stand restored. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 8 CT: BHK