- 1 - HC-KAR NC: 2025:KHC:39626 WP No. 28174 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 28174 OF 2025 (LA-KIADB) BETWEEN: SRI. NATARAJU. H S/O HANUMANTHARAYAPPA, AGED ABOUT 54 YEARS, R/OFGOLLAHALLI VILLAGE, BELLAVIHOBLI, TUMKUR TALUK, TUMAKURU- 572 140 …PETITIONER (BY SRI. RAJESWARA.P.N., ADVOCATE) AND: 1. STATE OF KARNATAKA STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES AND COMMERCE, DR.B.R.AMBEDKARVEEDI, VIKAS SOUDHA, BENGALURU- 560 001, REPRESENTED BY ADDITIONAL CHIEF SECRETARY. 2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, IV AND V FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU- 560 001, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER. 3. THE SPECIAL DEPUTY COMMISSIONER KARNATAKA INDUSTRIAL AREAS Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39626 WP No. 28174 of 2025 DEVELOPMENT BOARD, IV AND V FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU- 560 001. 4. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD. MARUTHI TOWERS, 1ST FLOOR, NEXT TO SIT COLLEGE, B.H. ROAD, TUMKUR- 572 102 …RESPONDENTS (BY SRI. HARISHA A.S, AGA FOR R1; SRI. C.RAMAKRISHNA, ADVOCATE FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO PASS SUPPLEMENTARY AWARD UNDER THE PROVISIONS OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, IN RESPECT OF TREES, MALKIES AND STRUCTURES SITUATED IN THE LAND MEASURING 10 ACRES 13 GUNTAS INCLUDING 1 ACRE 9 GUNTAS OF KHARAB LAND IN SY.NO.5 OF LINGANAHALLI VILLAGE, BELLAVI HOBLI, TUMAKURU TALUK, BY CONSIDERING PETITIONER'S REPRESENTATION DATED 24.03.2025 AT ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:39626 WP No. 28174 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Addl. Government Advocate accepts notice for respondent No.1. 2. Sri. C.Ramakrishna, learned counsel is directed to take notice for respondent Nos.2 and 3. 3. The petitioner is before this Court seeking for the following reliefs: "(i) Issue a Writ of Mandamus directing the Respondents to pass Supplementary Award under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in respect of trees, malkies and structures situated in the land measuring 10 acres 13 guntas including 1 acre 9 guntas of Kharab land in Sy.No.5 of Linganahalli Village, Bellavi Hobli, Tumakuru Taluk, by considering petitioner's Representation dated 24.03.2025 at Annexure-A; and (ii) PASS such other orders as this Hon'ble court deems fit to pass under the facts and circumstances of the case, in the interest of justice and equity". - 4 - HC-KAR NC: 2025:KHC:39626 WP No. 28174 of 2025 4. The petitioner claims to be the absolute owner of the property bearing Sy.No.5 measuring 10 acres 13 guntas (including 1 acre 9 guntas of Kharab land) of Linganahalli Village, Bellavi Hobli, Tumakuru Taluk. The said land is stated to be the self-acquired property of Sri. G.M.Hanumantharayappa, the father of the petitioner. Under an unregistered Partition Deed dated 01.10.2011, the acquired land in question fell to the share of the petitioner. It is stated that the said land in question was acquired pursuant to the Final Notification issued under Section 28(4) of the Karnataka Industrial Areas Development Act, 1966 dated 30.10.2014 published in the Karnataka Gazette dated 06.11.2014. 5. The grievance of the petitioner is that though initial award has been passed in the year 2021, and compensation was paid in respect of 45 tamarind trees out of 92 tamarind trees as per Joint Measurement Certificate, no compensation has been paid in respect of the - 5 - HC-KAR NC: 2025:KHC:39626 WP No. 28174 of 2025 remaining trees nor in respect of other malkies and structures. 6. Heard learned counsel appearing for the petitioner, learned AGA for respondent No.1 and learned counsel appearing for respondents 2 and 3. 7. Both learned counsel appearing for the parties submits that in identical matters arising from same notification, a Co-ordinate Bench of this Court in the case of SMT. S JALAJA Vs. STATE OF KARNATAKA AND OTHERS1 directed respondent No.4-The Special Land Acquisition Officer, to pass supplementary award. The relevant portion of that order reads as under: "ORDER i. The Writ Petition is allowed. ii. A mandamus is issued directing the respondents to consider the representation dated 27.08.2020 at Annexure-H and pass necessary Supplementary Award, in accordance with law 1 WP.No.10361/2021 D.D. 22.07.2022 - 6 - HC-KAR NC: 2025:KHC:39626 WP No. 28174 of 2025 within a period of Eight weeks from the date of receipt of copy of this order. ii. Respondents to act on a print out of the uploaded copy of this order on the website of this Court, if so furnished by the petitioner, without waiting for certified copy thereof. If respondents have any doubt about the order, respondents may verify the contents of the order from the website of this Court and or from the learned panel advocate appearing in the matter. The QR code on this order could also be scanned to view the website of the High Court to verify the order." 8. It is stated that pursuant to the said order, respondent No.4 has passed the supplementary award. 9. It is submitted that despite the petitioner having submitted the representation dated 24.03.2025 at Annexure-A, the same has not yet been considered by respondents. 10. Learned counsel appearing for respondent Nos.2 to 4 fairly submits that, if some reasonable time is - 7 - HC-KAR NC: 2025:KHC:39626 WP No. 28174 of 2025 granted, the authorities would consider the representation in accordance with law. 11. The said submission is placed on record. 12. Accordingly, this Court pass the following: ORDER i) The writ petition is allowed. ii) Respondent Nos.2 to 4 are directed to consider the representation of the petitioner dated 24.03.2025 at Annexure-A and to pass a supplementary award, in accordance with law, within an outer limit of two months from the date of receipt of the copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 19