Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:41484 WP No. 27934 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 27934 OF 2025 (LA-KIADB) BETWEEN:
1.
SMT. RATHNAMMA, D/O RANGANNA, AGED ABOUT 48 YEARS,
2.
SRI PRAKASH, S/O RANGANNA, AGED ABOUT 50 YEARS, BOTH ARE R/O OBALAPURA VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 132. …PETITIONERS (BY SRI VIRUPAKSHAIAH P.H, ADVOCATE) AND:
1.
STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, A GOVERNMENT OF KARNATAKA UNDERTAKING, NO.14/3, 2ND FLOOR, RP BUILDING, NRUPATHUNGA ROAD, BENGALURU - 560 001.
REPRESENTED BY ITS JOINT DIRECTOR AND CHIEF EXECUTIVE OFFICER.
3.
THE SPECIAL LAND ACQUISITION OFFICER-I (BMICP) AND BENGALURU RURAL, NELAMANGALA TALUK, KARNATAKA INDUSTRIAL
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:41484 WP No. 27934 of 2025
AREAS DEVELOPMENT BOARD, NO. 14/3, 2ND FLOOR, RP BUILDING, NRUPATHUNGA ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI HARISHA A S, AGA FOR R1, SRI DILDAR SHIRALLI KIADB, SD GA SD)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 AND R3 AUTHORITIES TO CONSIDER THE REPRESENTATIONS DATED 20/07/2022 AND 17/01/2023 VIDE ANNX-G AND H FOR RELEASE OF COMPENSATION BY PASSING CONSENT AWARD IN RESPECT OF THE LAND BEARING SY. NO.
73/1 MEASURING TO AN EXTENT OF 02 ACRES INCLUDING 02 GUNTAS KHARAB SITUATED AT OBALAPURA VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT IN FAVOUR OF THE PETITIONERS AS PER THE
ORDER DATED 25/11/2024 IN WP NO. 86/2024 (LA-KIADB) PASSED BY THIS HONBLE COURT VIDE ANNX-F EXPEDITIOUSLY. IN SO FAR AS THE PETITIONER IS CONCERNED.
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
Sri.Harisha A.S., learned Additional Government Advocate accepts notice on behalf of respondent No.1.
2. Sri.Dildar Shiralli, the learned counsel accepts notice on behalf of respondent Nos.2 and 3.
3. Heard and perused the material on record.
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HC-KAR NC: 2025:KHC:41484 WP No. 27934 of 2025
4. The petitioners are before this Court seeking a Writ of Mandamus to direct respondent No.3 - Authority to consider the representations dated 20.07.2022 and 17.01.2023 vide Annexures - G and H submitted for release of compensation by passing a consent award in respect of land bearing Sy.No.73/1 measuring 2 acres including 2 guntas of kharab land situated at Obalapura village, Thyamagondlu Hobli, Nelamangala Taluk, Bangalore Rural district.
5.
Learned counsel appearing for the petitioners submits that the petitioners have sought release of compensation amount by way of an award.
6. It is further submitted that in W.P.No.86/2024 preferred by the petitioners herein, this Court has set aside the General Award and directed 3rd respondent -The Karnataka Industrial Area Development Board to consider the case of the petitioners in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act').
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HC-KAR NC: 2025:KHC:41484 WP No. 27934 of 2025
7. It is his submission that despite such direction, the respondents have not passed the Consent award, and hence the petitioners have submitted the representations. Non-consideration of these representations has constrained the petitioners approach this Court once again.
8. On perusal of the Writ Petition papers, it is evident that W.P.No.86/2024 was
disposed of on 25.11.2024 and the present representations were submitted even prior to the disposal of the Writ Petition. Therefore, consideration of the said representations at this stage does not arise.
9. However, having regard to the fact that the general award has already been set aside and the petitioners' claim has to be examined under Section 28(2) of KIAD Act, this Court deems it appropriate to direct respondent No.3 to pass the consent award within a period of two months from the date of receipt of the certified copy of this order, in terms of the directions issued in
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HC-KAR NC: 2025:KHC:41484 WP No. 27934 of 2025
W.P.No.86/2024 dated 25.11.2024. Accordingly, this Court pass the following :
ORDER (a) The Writ Petition is disposed of. (b) Respondent No.3 is directed to pass the consent award within a period of two months from the date of receipt of the certified copy of this order, in terms of the directions issued in W.P.No. 86/2024 dated 25.11.2024.
Sd/- _____________________ JUSTICE K.S. HEMALEKHA
GVP List No.: 1 Sl No.: 26