- 1 - HC-KAR NC: 2025:KHC:28172 WP No. 20495 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 20495 OF 2025 (LA-KIADB) BETWEEN: 1. SRI. SIDDALINGA SWAMY K S/O LATE KARIBASAVARAJU, AGED ABOUT 41 YEARS, R/AT KODIHALLI VILLAGE, KESTUR POST, KORA HOBLI, TUMKUR TALUK, TUMKUR DISRTICT - 572 128. 2. SMT. PUTTAGANGAMMA, W/O. LATE PALANETRA, AGED ABOUT 59 YEARS, R/AT KODIHALLI VILLAGE, KESTUR POST, KORA HOBLI, TUMKUR TALUK, TUMKUR DISTRICT - 572 128. 3. SRI. JAYANNA, S/O LATE SIDDALINGAIAH, AGED ABOUT 70 YEARS, R/AT NO.72, 8TH CROSS, RAMAKRISHNAIAH LAYOUT, NEAR MALAGALA MAIN ROAD, NAGRABAVI, 2ND STAGE, BANGALORE NORTH DISTRICT - 560 091. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28172 WP No. 20495 of 2025 4. SMT. RAJAMMA, W/O LATE KARIBASAVARAJU, AGED ABOUT 64 YEARS, RESIDENT OF KODIHALLI VILLAGE, KESTUR POST, KORA HOBLI, TUMKUR TALUK, TUMKUR DISTRICT - 572 128. …PETITIONERS (BY SMT. ASHWINI P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA, BANGALORE-01. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER 4TH AND 5TH FLOORS, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER,-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, C.F.C. BUILDING, MAHARSHI ARVIND BHAVAN, I FLOOR, N.R. ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3) - 3 - HC-KAR NC: 2025:KHC:28172 WP No. 20495 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I.ISSUE A WRIT OF CERTIORARI QUASHING THE GENERAL AWARD BEARING NO.SLAO/KIADB/TU/NO.6960/2021-22 DATED 15/09/2021 PASSED BY 3RD RESPONDENT IN RESPECT OF THE PETITIONERS WAS THE ABSOLUTE OWNER OF LAND BEARING SY.NO.52/1 MEASURING 0-21 1/2 PERCENT GUNTAS, SITUATED AT BATHSANDRA VILLAGE, KORA HOBLI, TUMKUR TALUK, TUMKUR DISTRICT, OF PETITIONERS IS CONCERNED, WHICH IS PRODUCED AT ANNEXURE - A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard the learned counsel, Smt. Ashwini P., appearing for the petitioners, Sri. Spoorthy Hegde N., learned HCGP appearing for respondent No.1, Sri. P.V. Chandrashekar, learned counsel appearing for respondent Nos.2 and 3. 2. The petitioners are before this Court, seeking for the following prayer: "i) Issue a writ of certiorari quashing the General award bearing No.SLAO/KIADB/TU/No.6960/2021- - 4 - HC-KAR NC: 2025:KHC:28172 WP No. 20495 of 2025 22 dated 15/09/2021 passed by 3rd respondent in respect of the petitioners was the absolute owner of land bearing Sy.No.52/1 measuing 0-21 1/2 guntas, situated at Bathsandra Village,Kora Hobli, Tumkur Taluk, Tumkur District, of petitioners is concerned, which is produced at ANNEXURE-A. ii) Issue any suitable order, direction or writ in the nature of Mandamus directing the Respondents herein to consider the case of the petitioners as per section 29(2) of the KIAD Act. iii) Issue any other orders or directions as deemed fit in the circumstances attending. ". 3. Learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgment rendered by a Co-ordinate Bench of this Court in W.P.No.22495/2023 disposed on 30.10.2023, wherein it has held as follows: “This writ petition is filed seeking for following reliefs: (i) Issue a writ of certiorari quashing the General Award bearing No.KIADB:LAQ No.1203/2022-23 dated 27.12.2022 passed by respondent no.3 in respect of land bearing Sy.no.40/7 measuring 0-12.08 guntas, situated at Hadihosahalli Village, Thyamagoundlu Hobli, Nelamangala Taluk, Bangalore Rural District of petitioner is concerned, which is produced at Annexure-C; (ii) Issue any suitable order, direction or writ in the nature of mandamus directing the respondents herein to consider the case of the petitioner as per Section 29(2) of the KIAD Act and etc. 2. Sri Omkara Murthy G & Sri M.S. Mohan, learned counsel for petitioner submits that petitioner - 5 - HC-KAR NC: 2025:KHC:28172 WP No. 20495 of 2025 was absolute owner of land bearing Sy.no.40/7, measuring of 12.08 guntas situated at Hadihosahalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, in respect of which respondent - authorities had initiated acquisition proceedings for Multi Modal Logistics Park project. 3. It was submitted that petitioner had no objection for acquisition of land by respondents - KIADB, but without issuing notice and granting opportunity to petitioner to avail compensation under consent award General Award, was passed. Since compensation under consent award was higher than under General Award, denial was contrary to law. 4. It was submitted that under similar circumstances, this Court in W.P.no.22091/2022 disposed of on 30.11.2022, holding such denial as unsustainable, quashed General Award and directed respondents to consider petitioner's representation for passing consent award. Hence sought for passing similar order. 5. Sri Yogesh D. Naik, learned AGA for respondent no.1 and Sri P.V. Chandrashekar, learned counsel for respondent nos.2 and 3 submitted that in view of earlier decisions, respondent no.3 would consider petitioner's representation if petitioner furnished relevant documents in support of claim over property and sought for disposal of writ petition. 6. Heard learned counsel and perused writ petition record. 7. From above, it is seen that in W.P.no.22091/2022, contention of petitioner therein about failure to provide opportunity to accept compensation under consent award which was higher than under General award was upheld and this Court set aside General Award and directed respondents to consider petitioner's representation for passing consent award. Said decision would squarely apply in this case. 8. Accordingly, writ petition is disposed of, impugned General Award no.KIADB:LAQ - 6 - HC-KAR NC: 2025:KHC:28172 WP No. 20495 of 2025 No.1203/2022-23 dated 27.12.2022 vide Annexure-C passed by respondent no.3, insofar as it relates to petitioner's land in Sy.no.40/7, measuring 12.08 guntas situated at Hadihosahlli Village, Thyamagondlu Hobali, Nelamangala Taluk, Bangalore Rural District, is hereby set aside. 9. Respondent no.3 - SLAO shall consider petitioner's representation and pass appropriate orders thereon within a period of eight weeks." 4. In the light of the issue standing covered by judgment rendered by a Co-ordinate Bench of this Court supra, the petition stands disposed on the same terms. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 75 CT: BHK