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2025 DAILYLAW 45842 (KAR)

SMT. VEDARAMASWAMY v. THE STATE OF KARNATAKA

WP/20764/2025 · 2025-07-15

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26027 WP No. 20764 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20764 OF 2025 (LA-KIADB) BETWEEN: SMT. VEDARAMASWAMY W/O K.R.RAMASWAMY AGED ABOUT 88 YEARS R/AT NO.436 NEAR TASLEEMSHA DARGA SHAHINSHA NAGAR, KOLAR – 563 101. …PETITIONER (BY SRI SHARAN N.MAJAGE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA, BENGALURU - 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 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO. 14/3, 1ST FLOOR, CFC BUILDING MAHARSHI ARAVINDA BHAVAN NRUPATHUNGA ROAD, BENGALURU – 560 001. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26027 WP No. 20764 of 2025 4. METRO RAIL CORPORATION LIMITED BMTC COMPLEX, 3RD FLOOR, K.H.ROAD SHANTINAGAR, BENGALURU - 560 027 REP. BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SRI SESHU V., HCGP 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 QUASH THE GENERAL AWARD KIADB/METRO/BHUSWA/R1E-255A/2016-17 DATED 30.01.2017 PASSED BY THE R3 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. THIS PETITION, COMING ON FOR ORDERS, 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: “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. - 3 - HC-KAR NC: 2025:KHC:26027 WP No. 20764 of 2025 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 Seshu V., learned High Court Government Pleader 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 the petitioner therein and pass necessary order in accordance with law. - 4 - HC-KAR NC: 2025:KHC:26027 WP No. 20764 of 2025 4. Learned High Court Government Pleader 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; 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 - 5 - HC-KAR NC: 2025:KHC:26027 WP No. 20764 of 2025 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/R1E-255A/2016-17, dated 30.01.2017, passed by respondent No.3, insofar as the property of the petitioner is concerned is hereby quashed. c. Respondent Nos.2 and 3 is 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; d. In the event of there being 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. - 6 - HC-KAR NC: 2025:KHC:26027 WP No. 20764 of 2025 e. Respondent Nos.2 and 3 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.: 19 CT:SS