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2025 DAILYLAW 56241 (KAR)

THE KARNATAKA INDUSTRIAL AREAS v. MR. VISHWAKUMAR

WA/609/2024 · 2025-07-15

Anu Sivaraman, K Manmadha Rao

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26178-DB WA No. 609 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT APPEAL NO.609 OF 2024 (LA-KIADB) BETWEEN: 1. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD 4TH FLOOR, KHANIJA BHAVAN RACE COURSE ROAD, BENGALURU -560001 REP. BY ITS CEO 2. THE SEPCIAL DEPUTY COMMISSIONER KIADB, 4TH FLOOR, KHANIJA BHAVAN, BENGALURU - 560 001 3. THE SPECIAL LAND ACQUISITION OFFICER K.I.A.D.B -II (BMICP) AND BENGALURU RURAL NO.14/3, CFC BUILDING, MAHARSHI ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU -560 001 …APPELLANTS (BY SRI GOPAL V. BILALMANE, ADVOCATE) Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26178-DB WA No. 609 of 2024 AND: 1. MR. VISHWAKUMAR S/O LATE MEMPAGIRIYAPPA AGED ABOUT 51 YEARS, R/AT OBALAPURA VILLAGE THYAMGONDLU HOBLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562132 2. MR. HANUMANTHARAJU S/O SIDDAPPA, AGED ABOUT 54 YEARS, R/AT OBALAPURA VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK BENGALURU RURAL DISTRICT -562 132 3. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY INDUSTRIES AND COMMERCE VIKASA SOUDHA BANGALORE 560 001 …RESPONDENTS (BY SRI S.G.HEGDE, ADVOCATE FOR R1 AND R2; BY SMT.SHWETA KRISHNAPPA, AGA FOR R3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE APPEAL, BY SETTING ASIDE THE ORDER DATED 17.11.2023, PASSED IN WP No.7133/2023 (LA-KIADB), PASSED BY THE LEARNED SINGLE JUDGE AND DISMISS THE SAID WRIT PETITION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:26178-DB WA No. 609 of 2024 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Respondent No.1 has placed on record a memo requesting for permission to receive the package compensation under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act'). 2. Learned counsel for the appellants submits that respondents No.1 and 2 have already received the package compensation under Section 29(2) of the KIAD Act and that the directions issued by learned Single Judge would not survive for further consideration. 3. Having considered the contentions advanced and in view of the fact that there is no objection raised by respondents No.1 and 2 to the contention of learned counsel for appellants and the fact that respondents No.1 and 2 have already accepted the package compensation under Section 29(2) of the KIAD Act, we are of the opinion that nothing survives in this - 4 - HC-KAR NC: 2025:KHC:26178-DB WA No. 609 of 2024 appeal for further consideration. The appeal is therefore ordered recording the submission of the appellant that package compensation is already received by respondents No.1 and 2 under Section 29(2) of the KIAD Act and that the further direction issued by learned Single Judge therefore would not bind the parties any more. 4. In view of the aforesaid, appeal is disposed of setting aside the directions issued in the writ petition and recording that package compensation has been paid to respondents No.1 and 2. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE MV, List No.: 1 Sl No.: 46