- 1 - HC-KAR NC: 2025:KHC:50052 WP No. 34479 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34479 OF 2025 (LA-KIADB) BETWEEN: SRI R NAGARAJ, S/O RUDRAPPA, AGED ABOUT 77 YEARS, R/AT. 19/1/8, NEAR RAMASWAMY REDDY BUIDLING, KAGGALIPURA, HUSKUR GREEN WOODS LAYOUT, BANGALORE, KARNATAKA 560 099. &PETITIONER (BY SRI. SHARAN N MAJAGE., 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. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50052 WP No. 34479 of 2025 3. THE SPECIAL LAND ACQUISITION OFICER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.39 BHARATH SCOUTS AND GUIDES BUILDING, 4TH FLOOR, PALACE ROAD, BANGALORE 560 001. &RESPONDENTS (BY SRI. HARISHA A S.,AGA FOR R1; SRI. H L PRADEEP KUMAR.,ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE GENERAL AWARD BEARING NO KIADB/LAQ//2022-23 DATED- 06.01.2023 PASSED BY THE RESPONDENT NO.3 IN RESPECT OF LAND IN SY.NO.114 MEASURING 2 ACRES, SITUATED AT MACHANAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE 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 Addl. Government Advocate accepts notice for respondent No.1. 2. Sri. H.L.Pradeep Kumar, learned counsel is directed to take notice for respondent Nos.2 and 3. - 3 - HC-KAR NC: 2025:KHC:50052 WP No. 34479 of 2025 3. The petitioner has approached this Court challenging the General Award dated 06.01.2023 (Annexure-E) passed by the 3rd respondent in respect of the land in Sy.No.114, measuring 2 acres, situated at Machanahalli village, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District, insofar as it pertains to the petitioner. 4. Heard learned counsel Sri. Sharan N Majage., for the 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. 5. Learned counsel for the petitioner submits that the compensation was earlier determined through a consent agreement entered into between the petitioners 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, - 4 - HC-KAR NC: 2025:KHC:50052 WP No. 34479 of 2025 passed the impugned General Award on 06.01.2023, which according to the petitioner could not have been issued once a consent award was agreed upon. He further submits that as per the Government Order dated 23.02.2021 (Annexure-F) the extent of developed land is increased to 10,781 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. 6. Learned counsel appearing for the 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 - 5 - HC-KAR NC: 2025:KHC:50052 WP No. 34479 of 2025 representation, the same will be duly considered in accordance with law. 7. Submission is recorded. 8. Accordingly, this Court passes the following: ORDER (i) The writ petition is allowed. (ii) The impugned General Award dated 06.01.2023 (Annexure-E) passed by respondent No.3 is hereby quashed. (iii) The petitioner is granted liberty to submit a fresh representation to respondent- 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-F and pass appropriate orders. - 6 - HC-KAR NC: 2025:KHC:50052 WP No. 34479 of 2025 (iv) The said consideration by the KIADB shall be within eight weeks from the date of submission of the representation by the petitioner. (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. (vii) Needless to state that, in the event of any dispute, the general award would stand restored. Sd/- ______________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 15