- 1 - HC-KAR NC: 2025:KHC:43777 WP No. 32617 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 32617 OF 2025 (LA-KIADB) BETWEEN: 1. SRI JAGADISH.H.R S/O LATE H.C.RAMACHANDRAIAH, AGED ABOUT 76 YEARS, R/AT NO.780, CINEMA ROAD, DODDABALLAPURA TALUK, BANGALORE RURAL-561203. …PETITIONER (BY SRI. KUMARA.K.G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE 560 001. 2. KARNATAKA INDUSTRIALS AREAS DEVELOPMENT BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560001. 3. THE SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, 1ST FLOOR, RASHTROTHANA PARISHATH BUILDING, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43777 WP No. 32617 of 2025 NRUPATUNGA ROAD, BENGALURU 560001. …RESPONDENTS (BY SRI.HARISHA.A.S., ADVOCATE FOR R1; SRI.H.L.PRADEEP KUMAR, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE GENERAL AWARD BEARING NO.BENGALURU/VIBHUSWAAA-2/2013-14 DATED 30.12.2013 PASSED BY THE RESPONDENT NO.3 IN RESPECT OF LAND IN SY.NO.11 MEASURING 2 ACRES 91/2 GUNTAS, SITUATED AT KOLIPURA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, INSOFAR AS THE PETITIONER IS CONCERNED, AS PER ANNEXURE-C; ISSUE ANY SUITABLE ORDER, DIRECTION OR WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT HEREIN TO CONSIDER THE CASE OF THE PETITIONER FOR GRANT OF DEVELOPED LAND IN THE INDUSTRIAL LAYOUT FORMED BY ACQUIRING THE LAND OF THE PETITIONER, ON THE LINES OF THE GO DATED 23.02.2021 BEARING NO.CI 103 SPQ (E) 2019 MARKED AS ANNEXURE-D; 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 - 3 - HC-KAR NC: 2025:KHC:43777 WP No. 32617 of 2025 ORAL ORDER Learned AGA accepts notice for respondent No.1. 2. Learned counsel Sri.H.L.Pradeep Kumar has entered appearance for respondents No.2 and 3. 3. The petitioner has approached this Court challenging the General Award dated 30.12.2013 passed by the 3rd respondent in respect of the land in Sy.No.11, measuring 2 acres 9½ guntas, situated at Kolipura village, Kasaba Hobli, Doddaballapura Taluk, Bengaluru Rural District, insofar as it pertains to the petitioner. 4. Heard learned counsel Sri.Kumara K.G. for 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. - 4 - HC-KAR NC: 2025:KHC:43777 WP No. 32617 of 2025 5. Learned counsel for the petitioner submits that the compensation was earlier determined through a consent agreement entered into between the petitioner 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, passed the impugned General Award on 30.12.2013, which according to the petitioner would 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-D), the extent of developed land is increased to 10781 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 respondent-KIADB does not dispute the existence of the Government Order dated 23.02.2021, which governs the allotment of - 5 - HC-KAR NC: 2025:KHC:43777 WP No. 32617 of 2025 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 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 30.12.2013 passed by respondent No.3 is hereby quashed. (iii) The petitioner is granted liberty to submit a fresh representation to 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- - 6 - HC-KAR NC: 2025:KHC:43777 WP No. 32617 of 2025 KIADB shall consider the same in terms of Government Order dated 23.02.2021 as per Annexure-D and pass appropriate orders. (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. Sd/- JUSTICE K.S. HEMALEKHA MPK List No.: 1 Sl No.: 45