- 1 - HC-KAR NC: 2025:KHC:32982 RP No. 141 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN REVIEW PETITION NO. 141 OF 2025 BETWEEN: SMT YASHODAMMA D/O LATE VENKATAPPA, W/O R NATARAJ, AGED ABOUT 56 YEARS, R/AT THIPPENA AGRAHARA VILLAGE, THALI POST, DENKANIKOTTAI TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU-635107 FORMER RESIDENT OF DODDADASARAHALLI VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT-562114 …PETITIONER (BY SRI. C.M. NAGABHUSHAN, ADVOCATE FOR SRI. ANANDA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE, M.S.BUILDING, DR AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS SECRETARY 2. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, PALACE ROAD, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32982 RP No. 141 of 2025 ADJACENT TO MAHARANI COLLEGE, BENGALURU-560001 3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD PALACE ROAD, SCOUTS AND GUIDES BUILDING, ADJACENT TO MAHARANI COLLEGE, BENGALURU-560001 REPRESENTED BY ITS COMMISSIONER. 4. SRI V RAJAPPA S/O LATE VENKATAPPA, AGED ABOUT 64 YEARS, R/AT DODDADASARAHALLI VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT-562114 …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA) THIS REVIEW PETITION FILED UNDER SECTION.114 R/W ORDER 47 RULE 1 OF CPC 1908, PRAYING TO CALL FOR THE RECORDS IN WP NO.6868/2022 (LA-KIADB), PERUSE THE SAME AND HEAR THE MATTER AND REVIEW THE ORDER DATED 08.08.2024 PASSED IN WP NO.6868/2022 (LA-KIADB) AND DISMISS THE WRIT PETITION, BY ALLOWING THIS REVIEW PETITION AND TO PASS SUCH OTHER ORDERS AS THIS HONBLE COURT DEEMS FIT TO PASS IN THE CIRCUMSTANCES OF THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:32982 RP No. 141 of 2025 ORAL ORDER The petitioner in the instant Review Petition has sought review of the order dated 08.08.2024, passed in Writ Petition No.6868/2022(LA-KIADB). 2. Writ Petition No.6868/2022(LA-KIADB) has been filed by the petitioner therein primarily against the Karnataka Industrial Area Development Board (for short 'the KIADB') in respect of granting compensation by way of alternative land in lieu of monetary compensation and the following order is passed: "The petitioner is given the liberty to make necessary representation to respondent Nos.2 and 3 to allot developed land in lieu of monetary compensation for acquiring the land of the petitioner, in accordance with law. ii. If such an application is made, the same shall be considered by respondent Nos.2 and 3 and developed land shall be allotted in favour of the petitioner if the same is permissible in law, at the earliest. Further, if respondent Nos.2 and 3 has deposited the award amount before the Reference Court, then in that event, if they decide to grant - 4 - HC-KAR NC: 2025:KHC:32982 RP No. 141 of 2025 alternate land to the petitioner, they are given liberty to withdraw the said amount. iii. The writ petition is disposed of. iv. It is needless to state that if the petitioner or any of his family members are entitled for employment as per the policy of the Government / KIADB, on the ground that the industry being put up in the relevant layout, respondents shall facilitate such appointment." 3. The case of the petitioner herein is that she is the sister of the petitioner in Writ Petition No.6868/2022(LA-KIADB) and she also has a right over the compensation that is being awarded by the KIADB and the order passed in Writ Petition No.6868/2022(LA-KIADB) has the effect of nullifying her claims regarding the compensation. It is further contended that deliberately the petitioner in Writ Petition No.6868/2022(LA-KIADB) did not make her a party to the proceedings and hence, on the said grounds, she has sought for review of the order passed in Writ Petition No.6868/2022(LA-KIADB). - 5 - HC-KAR NC: 2025:KHC:32982 RP No. 141 of 2025 4. As can be seen from the orders passed in Writ Petition No.6868/2022(LA-KIADB), a direction has been issued to the KIADB to pay compensation to the petitioner therein either by way of alternative land or monetary compensation, only if it is permissible in law and not otherwise. It implies that the KIADB will have to make an enquiry against all persons who make a claim in respect of the compensation in accordance with law and it does not prohibit any person from claiming compensation on the ground that, they have a right on the property concerned either before the KIADB or before the Reference Court. 5. As there is no error apparent on the face of the record, the Review Petition is hereby dismissed. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE CH, List No.: 1 Sl No.: 48