- 1 - HC-KAR NC: 2025:KHC:33465 WP No. 24566 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24566 OF 2025 (LA-KIADB) BETWEEN: SRI. ANNAYAPPA S AGED 63 YEARS SON OF LATE SHIVARUDRAPPA RESIDENT OF HADHI HOSHALLI VILLA OBALAPURA VILLAGE THYAMAGONDLU HOBLI NELAMANGALA TALUK - 562 132 BENGALURU RURAL DISTRICT …PETITIONER (BY SRI. N. JAGADISH BALIGA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE VIKAS SOUDHA, DR. AMBEDKAR VEEDHI BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BY ITS CHIEF EXECUTIVE OFFICE AND EXECUTIVE MEMBER, KHANIJA BHAVAN, 4TH AND 5TH FLOOR, RACE COURSE ROAD, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33465 WP No. 24566 of 2025 BENGALURU - 560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER I KIADB (BMICP), BENGALURU RURAL DISTRICT, NO. 14/3, CFC BUILDING MAHARSHI ARAVINDA BHAVANA 1ST FLOOR, NRUPATHUNGA ROAD BENGALURU - 560 001. …RESPONDENTS (BY SRI. M. RAJAKUMAR, AGA FOR R1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION QUASHING THE GENERAL AWARD DATED 05-01-2023 IN PROCEEDINGS NO. KIADB/LAQ/1282/2022-23 PASSED BY THE 3RD RESPONDENT PRODUCED AT ANNEXURE-A IN RESPECT OF THE LAND IN SY NO. 28/3B MEASURING EIGHT (08) GUNTAS OF OBALAPURA VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT AND TO PASS THE CONSENT AWARD. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:33465 WP No. 24566 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is at the doors of this Court calling in question seeking quashment of the General Award dated 05.01.2023, passed by respondent No.3 in respect of land in Sy.No.28/3B measuring 08 guntas, situated at Obalapura Village, Thyamagondlu Hobli, Nelamangala Taluk, Bangalore Rural District qua the petitioner. 2. Heard Shri. N. Jagadish Baliga, learned counsel appearing for the petitioner; Shri M. Rajakumar, learned Additional Government Advocate appearing for respondent No.1 and Shri. P. V. Chandrashekar, learned counsel appearing for respondents No.2 and 3, and have perused the material on record. 3. Learned counsel appearing for the petitioner submits that the issue in the lis at hand is identical to the issue that is considered by a co-ordinate bench in W.P.No.36514/2024 (LA-KIADB), disposed on 05.02.2025. - 4 - HC-KAR NC: 2025:KHC:33465 WP No. 24566 of 2025 Therefore, he seeks the same relief as is granted in the aforesaid writ petition. 4. Learned counsel appearing for the respondents also admits that the issue in the lis is identical to the issue considered in W.P.No.36514/2024. 5. The Coordinate Bench of this Court in W.P.No.36514/2024 (LA-KIADB), disposed on 05.02.2025, has held as follows: "The petitioner claiming to be the absolute owner of land bearing Sy.No.60 (JMC Block No.22) measuring 1 acre situated at Bairadenahalli village, Kundanan Hobli, Devanahalli Taluka, Bengaluru District, which has been acquired by the respondent-KIADB in terms of the provisions of Section 28 of KIADB act is before this Court seeking following relief: "1) Issue writ of certiorari quashing the General Award bearing No. KIADB/LAQ/626/2023-24 dated: 24.05.2023 passed by the Respondent No. 3 in respect of land in Sy.No. 60 (JMC Block No.22) measuring 1 Acre of land situated at Bairadenahalli Village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District, in so far as the Petitioner is concerned, which is produced as ANNEXURE-E. ii) 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 as per as per in the industrial layout formed by acquiring the land of the petitioner. on the lines of the G.O dated 13.05 2008 bearing No. CI 495 SPQ 2008 marked, as ANNEXURE-F, the G.O dated 13.08.2007 bearing No. CI 417 SPQ 2007 - 5 - HC-KAR NC: 2025:KHC:33465 WP No. 24566 of 2025 marked as ANNEXURE-G and the latest GO dated 23.02.2021 bearing No. 103 SPQ (E) 2019 marked as ANNEXURE-H. iii) Pass such other order, writ or direction as the Hon'ble Court deems fit in the facts and circumstances of the case including costs." 2. Learned counsel for the petitioner submits that the general award has been passed. However, in view of the government order dated 13.05.2008 produced at Annexures-F, G & H, the petitioner is also entitled for developed land in the industrial layout formed by the respondent-KIADB. Hence, seeks for quashing of the general award and for a direction to respondent-KIADB to consider his requisition/representation for allotment of developed land in lieu of the monetary compensation as per the government order dated 13.05.2008. 3. Learned counsel for the respondent-KIADB on the other hand does not dispute that in terms of the government order dated 23.02.2021, which is the current government order, governing the field, petitioner would be entitled for developed land in the industrial layout formed by the KIADB in view of monetary compensation. He submits if a representation in this regard is made by the petitioner, the same will be considered in accordance with law. 4. Submission is taken on record. Accordingly, the following: ORDER i) The writ petition is allowed. ii) The general award bearing No.KIADB/LAQ/626/2023-24 dated 24.05.2023 passed respondent No.3 in respect of land bearing Sy.No.60 (JMC Block No.22) measuring 1 acre situated at Bairadenahalli village, Kundana Hobli, Devanahalli Taluka, Bengaluru District, is hereby quashed. - 6 - HC-KAR NC: 2025:KHC:33465 WP No. 24566 of 2025 iii) The petition shall make a fresh representation within 30 days from the date of receipt of certified copy this order, thereupon the respondent-KIADB to consider the same in terms of the government order referred to in the writ petition at annexure-H. iv) Such exercise shall be done with an outer limit of eight weeks from the date of submission of representation by the petitioner. v) The respondent-KIADB is at liberty to withdraw the amount in deposit, if any." In the light of the afore-quoted judgment and the identical facts, the petitioner is also entitled for the similar relief. 6. For the aforesaid reasons, the following: ORDER i) The Writ Petition is allowed. ii) Impugned General Award dated 05.01.2023, passed by respondent No.3, stands quashed qua the petitioner. iii) The petitioner shall make a fresh representation within 30 days from the date of receipt of certified copy of this order, thereupon the respondent-KIADB to consider the same in terms of the Government Orders dated 13.08.2007, 13.05.2008 and - 7 - HC-KAR NC: 2025:KHC:33465 WP No. 24566 of 2025 23.02.2021 referred to in the writ petition respectively at Annexures-E, F and G. iv) Such exercise shall be done with an outer limit of eight weeks from the date of submission of representation by the petitioner. v) The respondent-KIADB is at liberty to withdraw the amount in deposit, if any. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 99 CT: BHK