Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:6952 WP No. 4606 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 4606 OF 2025 (LA-KIADB) BETWEEN:
SRI K CHIKKAMARIGOWDA S/O LATE KEMPAIAH ALIAS KENCHAIAH AGED ABOUT 51 YEARS R/AT HEBBIDARAMETTALU VILLAGE JAKKASANDRA POST HAROHALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRIC - 562 112. …PETITIONER (BY SRI. SRIHARI A V.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BANGALORE - 560 001 BY ITS SECRETARY.
2.
THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIJA BHVANA BANGALORE - 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER.
3.
THE SPECIAL LAND ACQUISITION OFFICER- I THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO 14/1, ARAVINDA BHAVANA 1ST MAIN, NRUPATHUNGA ROAD BENGALURU - 560 001. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1;
SRI. VASANTH.,ADVOCATE FOR R2 & R3)
Digitally signed by SUMA B N Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:6952 WP No. 4606 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD BEARING NO. KIADB/L.A.Q/908/2017-18 DATED.
01.07.2017 VIDE ANNX-A PASSED BY THE R-3 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER Petitioner is before this Court claiming to be the erstwhile owners of land bearing Sy.No.210/7, measuring 15.50 guntas, situated at Bannikuppe Village, Harohalli hobli, Kanakapura Taluk, Ramanagara District having purchased the same in terms of deed of sale dated 02.09.2002. That the respondent- KIADB acquired the aforesaid land in terms of preliminary notification dated 25.10.2006 followed by final notification dated 29.01.2010. That without issuance of any notice to the petitioner, general award has been passed on 01.07.2017. The petitioner being aggrieved by the passing of the general award without providing an opportunity to seek consent award, has approached this Court.
2. Learned counsel for the petitioner submit the if an opportunity is given to the petitioner to seek compensation under section 29(2) of the Karnataka Industrial Area
- 3 -
NC: 2025:KHC:6952 WP No. 4606 of 2025
Development Act, 1966 by quashing the general award, the purpose of the petition will be served.
3. Learned counsel for the respondent-KIADB submit that if a representation is made by the petitioner, the request for
consideration of claim under Section 29(2) of the Karnataka Industrial Area Development Act, 1966 will be considered.
4. Submissions taken on record.
5. In that view of the matter, following;
ORDER (i). Writ petition is disposed of. (ii). Impugned General Award dated 01.07.2017 produced at Annexure-A passed by the respondent No.2-KIADB insofar as the property of the petitioner herein is concerned, is hereby quashed. (iii). Respondent No.2 is directed to consider the case of the petitioner herein in terms of the Section 29(2) of the Karnataka Industrial
- 4 -
NC: 2025:KHC:6952 WP No. 4606 of 2025
Area Development Act, 1966, upon the petitioner satisfying all the requirement thereof. Needless to state that in the event of any dispute, the general award would stand restored. (iv). Respondent No.2 is directed to withdraw the amount in deposit before the Competent Court, if any, and disburse to the petitioner herein, in terms of the observation made hereinabove, in accordance with law.
Sd/- (M.G.S. KAMAL) JUDGE
RL List No.: 1 Sl No.: 17