Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44306 WP No. 32169 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 32169 OF 2025 (LA-KIADB) BETWEEN:
SRI. JAGADISH H.R S/O. LATE H.C. RAMACHANDRAIAH, AGED ABOUT 76 YEARS, R/AT. NO. 780, CINEMA ROAD, DODDABALLAPURA TALUK, BANGALORE RURAL - 561 203. …PETITIONER (BY SRI. SUJAY H.V., ADVOCATE FOR SMT. CHITHRALEKHA H.R, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE - 560 001.
2.
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560 001.
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
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HC-KAR NC: 2025:KHC:44306 WP No. 32169 of 2025
NRUPATUNGA ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. HARISHA A.S, AGA FOR R1;
SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 AND R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASH 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. 14/2 MEASURING 33 1/2 GUNTAS, SITUATED AT KOLIPURA VILLAGE, KASABA HOBLI DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, IN SO FAR AS THE PETITIONER IS CONCERNED, AS PER ANNEXURE-C 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
ORAL ORDER The petitioner has approached this Court challenging the General Award dated 30.12.2013 passed by the 3rd respondent in respect of petitioner's land in Sy.No.14/2, measuring 33½ guntas at Kolipura Village, Kasaba Hobli, Doddaballapura Taluk, Bengaluru Rural District, Bengaluru.
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HC-KAR NC: 2025:KHC:44306 WP No. 32169 of 2025
2. Heard learned counsel Sri Sujay H V, for petitioner, learned Additional Government Advocate Sri.Harisha A.S. for respondent No.1 and learned counsel Sri.Vasantha for respondents No.2 and 3. Perused the material on record.
3.
Learned counsel for the petitioner submits that the compensation had already been determined through a consent award under Section 29(2) of Karnataka Industrial Areas Development Act, 1966 (for short “the KIAD Act”). Once such consent award was accepted, it was not open to the respondent authorities to subsequently pass a general award. It is further submitted that under the Government
Order dated 23.02.2021 (at Annexure-D), the entitlement of the land loser to a developed land in view of monetary compensation has been enhanced to 10,871 sq. ft. per acre and since the petitioner continue to be lawful owner whose khata stands in his name, he is entitled to allotment of developed land in the industrial layout formed by the KIADB.
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HC-KAR NC: 2025:KHC:44306 WP No. 32169 of 2025
4.
Learned counsel appearing for respondent- KIADB does not dispute the Government Order dated 23.02.2021, which governs the allotment of developed land, in lieu of monetary compensation. However, it is contended that petitioner has not yet submitted any representation before the competent authority, seeking such allotment and if a representation is submitted, the same will be duly considered in accordance with law.
5. Submission is recorded.
6. 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 insofar as petitioner's land is concerned.
(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- KIADB shall consider the same in terms of Government
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HC-KAR NC: 2025:KHC:44306 WP No. 32169 of 2025
Order dated 23.02.2021 as per Annexure-D and pass appropriate orders.
(iv) Respondent No.3 is directed to consider the case of the petitioner for granting developed land in industrial layout formed by acquiring land of the petitioner on the lines of Government Order dated 23.02.2021 as per Annexure-'D' within a period of 8(eight) weeks, if there is no consensus arrived for grant of developed land, the petitioner is entitled for monetary compensation as per Section 29(2) of the KIAD Act.
SSD List No.: 1 Sl No.: 33 Sd/- ____________________ JUSTICE K.S. HEMALEKHA