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2025 DAILYLAW 38890 (KAR)

M/S RAMEE HOTELS PVT LTD v. THE STATE OF KARNATAKA

WP/28172/2025 · 2025-09-19

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37855 WP No. 28172 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 28172 OF 2025 (LA-KIADB) BETWEEN: M/S. RAMEE HOTELS PVT. LTD., OFFICE AT: PLOT NO.1 AND 2 KIADB INDUSTRIAL AREA ATTHIBELE BENGALURU – 562 107 (A PRIVATE LTD., COMPANY INCORPORATED UNDER COMPANIES ACT, 1956) REPRESENTED BY ITS AUTHORISED SIGNATORY WORKING AS ADMINISTRAION OFFICER SRI GANESH HEGDE S/O GANESH HEGDE AGED ABOUT 34 YEARS. …PETITIONER (BY SRI SHARAN N.MAJAGE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37855 WP No. 28172 of 2025 BENGALURU – 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.14/3, 1ST FLOOR, CFC BUILDING MAHARSHI ARAVINDA BHAVAN NRUPATUNGA ROAD BENGALURU- 560 001. 4. METRO RAIL CORPORATION LIMITED BMTC COMPLEX 3RD FLOOR, K.H.ROAD SHANTINAGAR BENGALURU – 560 027 REPRESENTED BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI M.RAJAKUMAR, AGA FOR R-1; SRI H.L.PRADEEP KUMAR, ADVOCATE FOR R-2 & R-3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARDS PASSED BY THE RESPONDENT NO.3- KIADB(A) GENERAL AWARD BEARING NO. KIADB/ METRO/ - 3 - HC-KAR NC: 2025:KHC:37855 WP No. 28172 of 2025 BHUSWA/ ARP-TRJ-2/2020-21, DATED NIL IN RESPECT OF LAND TO AN EXTENT OF 1125.89 SQ METERS IN SY NO.69, 27.75 SQ. MTRS IN SY.NO.68 AND 11.05 SQ. MTRS IN SY.NO.70, SITUATED AT MEENUKUNTE VILLAGE, JALA HOBLI, BENGALURU NORTH (ADDITIONAL) TALUK, BANGALORE AS PER (ANNEXURE-D); AND (B) GENERAL AWARD BEARING NO. KIADB/ METRO/ BHUSWA/ ARP-TRJ-2/2020-21 DATED 12.02.2021 IN RESPECT OF LAND TO AN EXTENT OF 421.68 SQ. MTRS IN SY NO.69 AND 543.10 SQ. MTRS OF LAND IN SY. NO.68 SITUATED AT MEENUKUNTE VILLAGE, JALA HOBLI, BENGALURU NORTH (ADDITIONAL) TALUK, BANGALORE AS PER (ANNEXURE-E); DIRECT THE RESPONDENT NO.4-BMRCL TO PAY THE COMPENSATION AS PER THE AGREEMENT RATE FIXED BY THE C. KRISHNAPPA’S COMMITTEE WHICH WAS SENT TO THE RESPONDENT-SPECIAL LAND ACQUISITION OFFICER, KIADB WITHIN FOUR WEEKS FROM THE DATE OF THE ORDER OF THIS HON’BLE COURT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is at the doors of this Court seeking the following prayer: - 4 - HC-KAR NC: 2025:KHC:37855 WP No. 28172 of 2025 “i) Issue writ of certiorari quashing the General Award KIADB/METRO/BhuSwa/R1E-255A/2016-17, dated 30.01.2017 passed by the Respondent No.3 bearing No. in respect of land in Sy.No.140 measuring 103.38 Sq.Mtrs of land situated at Pattandooru Agrahara Village, K.R.Puram-3 Hobli, Bangalore West Taluk, Bangalore District, in so far as the Petitioner is concerned, which is produced as ANNEXURE – C. ii) Grant such other reliefs as deems fit to grant under the circumstances of the case in the interest of justice. 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.” 2. Heard Sri Sharan N. Majage, learned counsel for petitioner, Sri M. Rajakumar, learned Additional Government Advocate for respondent No.1 and Sri H.L.Pradeep Kumar, learned counsel for respondent Nos.2 and 3. 3. Learned counsel appearing to the petitioner submits in plethora of identical matters, this Court has considered the issue and answered in favour of the petitioner. One such order passed by the coordinate bench of this Court in W.P.No.33825/2024, disposed on 13.12.2024, has allowed the petition and directed the respondents to consider the case of - 5 - HC-KAR NC: 2025:KHC:37855 WP No. 28172 of 2025 the petitioner therein and pass necessary order in accordance with law. 4. Learned Additional Government Advocate would not dispute the position of law; the identical circumstance and afore-quoted judgment rendered by the coordinate bench of this Court. 5. This Court in W.P.No.33825/2024, disposed on 13.12.2024, has held as follows: “2. In this writ petition, the grievance of the petitioners is that the lands belonging to the petitioners has been acquired by the respondent-authorities for the purpose of formation of Industrial Layout and the General Award Annexure-C dated 26.07.2019 is passed by the respondent-authorities. It is stated in the writ petition that insofar as the petitioners lands in question are concerned, petitioners are willing for consent award that may be passed by the respondent-authorities. 3. In that view of the matter, this Court in several writ petitions has considered similar cases and therefore, I pass the following order :- a. Writ petition is allowed; b. Certiorari is issued, the General Award bearing No.LAQ/KIADB/TU/2019-20 dated 26.07.2019 passed by 2nd respondent at Annexure – C insofar as the property of the petitioners are concerned is hereby quashed; - 6 - HC-KAR NC: 2025:KHC:37855 WP No. 28172 of 2025 c. Respondent No.2 is directed to consider the case of the petitioners in terms of Section 29(2) of the KIAD Act upon the petitioners satisfying all the requirements thereof; d. In the event of there being any claims adverse as regards the petitioner in respect of the said lands prior to the disbursal of the amount, the General Award will come back automatically into force. e. Respondent No.2 is permitted to withdraw the amount in deposit and disburse to the petitioner. Therefore, the issues as answered by the co-ordinate bench of this Court supra and in the light of the issues standing covered on all its fours, the following: ORDER a. The writ petition stands allowed. b. The General Award bearing No.KIADB/METRO/BhuSwa/ARP-TRJ-2/2020-21, at Annexures ‘D’ and ‘E’, passed by respondent No.3, insofar as the property of the petitioner is concerned are hereby quashed. c. Respondent Nos.2 to 4 are directed to consider the case of the petitioner in terms of Section 29(2) of the KIADB Act upon the petitioner satisfying all the requirements thereof; - 7 - HC-KAR NC: 2025:KHC:37855 WP No. 28172 of 2025 d. It is made clear that in the event, if any claims adverse as regards the petitioner in respect of the subject lands prior to the disbursal of the amount, the General Award will come back automatically into force. e. Respondent Nos.2 to 4 are permitted to withdraw the amount in deposit and disburse the same to the petitioner. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 68