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2025 DAILYLAW 39204 (KAR)

SRI N JAGANNATH GOUD v. THE STATE OF KARNATAKA

WP/37137/2025 · 2025-12-10

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52749 WP No. 37137 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 37137 OF 2025 (LA-KIADB) BETWEEN: SRI. N. JAGANNATH GOUD S/O. SIVANA GOUD AGED ABOUT 64 YEARS, R/AT. NO. 307, 6TH MAIN, 5TH CROSS, COFFEE BOARD LAYOUT, BANGALORE - 560 024. …PETITIONER (BY SRI. KUMARA K.G, 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 REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, CFC BUILDING, MAHARSHI ARAVIND BHAVAN, 1ST FLOOR,NRUPATUNGA ROAD Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52749 WP No. 37137 of 2025 BENGALURU - 560 001. …RESPONDENTS (BY SRI. HARISHA A.S, AGA FOR R1; SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE WRIT OF CERTIORARI QUASHING THE GENERAL AWARD BEARING NO. KIADB/LAQ//2025-2026 DATED. 25.08.2025 PASSED BY THE RESPONDENT NO. 3 IN RESPECT OF LAND IN SY.NO. 165/2 MEASURING 1 ACRES 10 GUNTAS, SITUATED AT KONAGHATTA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, IN SO FAR AS THE PETITIONER IS CONCERNED, AS PER ANNEXURE-E AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned AGA accepts notice for respondent No.1. 2. Sri. H L Pradeep Kumar, learned counsel for respondent Nos.2 and 3. 3. Learned counsel Sri.H.L.Pradeep Kumar has entered appearance for respondents No.2 and 3. 4. The petitioner has approached this Court challenging the General Award dated 25.08.2025 passed by the 3rd respondent in respect of the land in - 3 - HC-KAR NC: 2025:KHC:52749 WP No. 37137 of 2025 Sy.No.165/2 measuring 1 acre 10 guntas, situated at Konaghatta Village, Kasaba Hobli, Doddaballapura Taluk, Bengaluru Rural District, Bengaluru, insofar as it pertains to the petitioner. 5. Heard learned counsel Sri.Kumara K.G. for petitioner, learned Additional Government Advocate Sri.Harisha A.S. for respondent No.1 and learned counsel Sri.H.L.Pradeep Kumar for respondents No.2 and 3. Perused the material on record. 6. Learned counsel for the petitioner submits that the compensation was earlier determined through a consent agreement entered into between the petitioner and the State under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short “the KIAD Act”). However, respondent No.3 subsequently, passed the impugned General Award on 25.08.2025, which according to the petitioner would not have been issued once a consent award was agreed upon. He further submits that as per the Government Order dated - 4 - HC-KAR NC: 2025:KHC:52749 WP No. 37137 of 2025 23.02.2021 (Annexure-D), the extent of developed land is increased to 10781 sq. ft. per acre and therefore, being the lawful owner of the acquired land whose katha stands in his name, the petitioner is entitled to such allotment of developed land in the industrial layout formed by respondent-KIADB. 7. Learned counsel appearing for respondent- KIADB does not dispute the existence of the Government Order dated 23.02.2021, which governs the allotment of developed land, in lieu of monetary compensation. However, he submits that the petitioner has not yet submitted any representation before the competent authority seeking such allotment. It is further submitted that if the petitioner submits an appropriate representation, the same will be duly considered in accordance with law. 8. Submission is recorded. 9. Accordingly, this Court passes the following: - 5 - HC-KAR NC: 2025:KHC:52749 WP No. 37137 of 2025 ORDER (i) The writ petition is allowed. (ii) The impugned General Award dated 25.08.2025 passed by respondent No.3 is hereby quashed. (iii) The petitioner is granted liberty to submit a fresh representation to KIADB, within a period of 30 days from the date of receipt of a certified copy of this order. Upon receipt of such representation, the respondent-KIADB shall consider the same in terms of Government Order dated 23.02.2021 as per Annexure-D and pass appropriate orders. (iv) The said consideration by the KIADB shall be within eight weeks from the date of submission of the representation by the petitioner. - 6 - HC-KAR NC: 2025:KHC:52749 WP No. 37137 of 2025 (v) The respondent-KIADB is at liberty to withdraw the amount, if any, deposited before the Competent Court. (vi) In the event, if there is no consensus arrived for grant of developed land, the petitioner is entitled for compensation under Section 29(2) of the KIAD Act. SSD List No.: 1 Sl No.: 14 Sd/- __________________ JUSTICE K.S. HEMALEKHA