- 1 - HC-KAR NC: 2025:KHC:42459-DB WA No. 830 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 830 OF 2023 (LA-KIADB) BETWEEN: SMT. SARASWATHAMMA W/O LATE RAMANNA, AGED ABOUT 66 YEARS, R/AT NO. 6-1, B.K.PALYA, JALA HOBLI, BANDI KODIGEHALLI, BENGALURU-562 149. …APPELLANT (BY SRI. MUNIRAJA M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SECRETARY TO REVENUE DEPARTMENT, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE SPECIAL DEPUTY COMMISSIONER BENGALURU NORTH SUB DIVISION, M.S.BUILDING, AMBEDKAR VEDHI, BENGLAURU-560 001. 3. THE SPECIAL LAND ACQUISITIONS OFFICER-II KARNATAKA INDUSTRIAL AREAS, DEVELOPMENT BOARD, SCOUTS AND GUIDES BUILDING, MAHARANI COLLEGE ROAD, 4TH FLOOR, EAST WINGS, RACE COURSE ROAD, BENGALURU - 560 001. Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:42459-DB WA No. 830 of 2023 4. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, NO.49, KHANIJA BHAVANA, V FLOOR, EAST WING, RACE WING, RACE COURSE ROAD, BENGALURU-560 001. 5. THE TAHSILDAR YELANKA TALUK, JALA HOBLI, BENGALURU NORTH TALUK-560 064 …RESPONDENTS (BY SMT. MAMATHA SHETTY, AGA FOR R1, R2 & R5; SRI. P. V. CHANDRASHEKAR, ADVOCATE FOR R3 & R4) - - - THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ADMIT THIS WRIT APPEAL, CALL FOR THE ENTIRE RECORDS FROM THE FILE OF THE HONBLE SINGLE JUDGE IN WRIT PETITION No. 3765/2023 (LA-KIADB) PERUSE THE SAME, HEAR THE PARTIES AND BE PLEASED TO SET ASIDE/QUASH THE ORDER DATED 13.06.2023 PASSED BY THE HON'BLE SINGLE JUDGE OF THIS HONBLE COURT, BY ALLOWING THIS WRIT APPEAL AS PRAYED FOR AND ETC., THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:42459-DB WA No. 830 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed under Section 4 of the Karnataka High Court Act, 1961, challenging the order dated 13.06.2023 passed by the learned Single Judge in W.P.No.3765/2023 (LA- KIADB). 2. Sri.Muniraja M., learned counsel appearing for the appellant submits that the appellant has filed a writ petition seeking prayer to notify the appellant's land by issuing the notification to acquire the land and pay the compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is submitted that the learned Single Judge directed the Karnataka Industrial Areas Development Board (KIADB) to pay interest @ 9% p.a. from the date of taking possession i.e. 16.06.2015 which is required to be interfered in view of the decision of the co-ordinate Bench of this Court in the case of SMT.ERAMMA Vs. STATE OF KARNATAKA AND OTHERS1. Hence, he seeks to allow the appeal in terms of the said judgment. 1 W.A.No.1035/23 dt. 6.2.24 - 4 - HC-KAR NC: 2025:KHC:42459-DB WA No. 830 of 2023 3. Per contra, Sri.P.V.Chandrashekar, learned counsel appearing for the respondent Nos.3 and 4 submits that he has filed an affidavit as directed by order dated 25.09.2025. It is submitted that the learned Single Judge, considering all the aspects ordered to pay the interest from 16.06.2015 and the same does not call for any interference. Hence, he seeks to dismiss the appeal. 4. We have heard the arguments of the learned counsel for the appellant, the learned counsel for the respondent No.3 and 4 and meticulously perused the material available on record. We have given our anxious consideration to the submissions made on both sides. 5. The appellant is the owner of land measuring 3 acres comprised in Block No.7, Sy.No.7 of B.K.Palya, Jala Hobli, Yelahanka Taluk, Bangalore Urban District. The said land has been notified for acquisition for the benefit of the respondent- KIADB and the market value for consent award has been determined. The records indicate that the lands in question were notified for the acquisition showing the - 5 - HC-KAR NC: 2025:KHC:42459-DB WA No. 830 of 2023 owner/anubhavadar as the Government. The records further indicate that the dispute with regard to the nature of the grant was the subject matter before the Special Deputy Commissioner in RRT(2)N(A)/CR-02/2021-22. The said proceedings attained finality on 11.01.2022. In the interregnum, the lands notified were handed over to the KIADB for development after taking over the possession from the occupant. The learned Single Judge, considering the decision of co-equal Bench directed the KIADB to pay the compensation amount to the appellant and to take steps to get the amount refunded from the State Government. The learned Single Judge has considered the contentions and ordered to pay the interest @ 9% p.a. from the date of taking possession i.e. 16.06.2015. The appellant has categorically made a statement in the appeal that the possession of the land was taken by the authorities on 22.11.2008 and sought compensation from the said date. 6. The learned counsel for the appellant as well as the learned counsel for the KIADB do not dispute that in the case of SMT.ERAMMA referred supra, the co-ordinate Bench of this - 6 - HC-KAR NC: 2025:KHC:42459-DB WA No. 830 of 2023 Court has ordered to pay the interest from 21.11.2008. It is also not in dispute that the subject matter of the land covered in the said appeal is arising out of the same survey number and also of the similarly placed grantee. Considering the parity with regard to taking over of possession of the land by the authorities from the grantee, we are of the view that the appellant is also entitled to interest @ 9% p.a. from 21.11.2008 till the date of payment. The other findings and directions of the learned Single Judge is upheld except the direction to pay the interest from 16.06.2015. 7. Accordingly, the appeal is disposed of. Consequently, pending interlocutory application also stands disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 9