Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:53080 WP No. 37638 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 37638 OF 2025 (LA-KIADB) BETWEEN:
1.
SRI VENEKATSH K M S/O MUNISHAMAPPA AGED ABOUT 70 YEARS R/AT NO NISARGA NILAYA MUNISHAMAPPA LAYOUT NEAR RAILWAY GATE KODIGEHALLI VILLAGE BANGALORE NORTH 560092.
2.
SMT H BHAGYALAKSHMI W/O VENKATESH K M AGED ABOUT 60 YEARS R/AT NO NISARGA NILAYA MUNISHAMAPPA LAYOUT NEAR RAILWAY GATE KODIGEHALLI VILLAGE BANGALORE NORTH 560092. …PETITIONERS (BY SRI. K G KUMARA, 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
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:53080 WP No. 37638 of 2025
AND EXECUTIVE MEMBER KHANIJA BHAVANA RACE COURSE ROAD BENGALURU 560001.
3.
THE SPECIAL LAND ACQUISITION OFFICER 2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD CFC BUILDING, MAHARSHI ARAVIND BHAVAN 1ST FLOOR, NRUPATUNGA ROAD BENGALURU 560001. …RESPONDENTS (BY SRI.HARISHA K S, AGA 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 QUASH THE GENERAL AWARD BEARING NO.
KIADB/LAQ/3039/2023-2024 DATED 10.08.2023 PASSED BY THE RESPONDENT NO. 3 IN RESPECT OF LAND IN SY.NO.2 MEASURING 3 ACRES 08 GUNTAS, SITUATED AT DODDAGOLLAHALLI, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, IN SO FAR AS THE PETITIONER IS CONCERNED, AS PER ANNEXURE-C.
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 Learned AGA accepts notice for respondent No.1.
2. Sri H.L.Pradeep Kumar, learned counsel accepts notice for respondents No.2 and 3.
3. The petitioners have approached this Court challenging the General Award dated 10.08.2023 passed
- 3 -
HC-KAR NC: 2025:KHC:53080 WP No. 37638 of 2025
by the 3rd respondent in respect of petitioners’ land in Sy.No.2, measuring 3 acres 8 guntas, situated at Doddagollahalli, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District, Bengaluru.
4. Heard learned counsel Sri K.G.Kumara, for Smt.Chithralekha H.R., appearing for petitioners, learned Additional Government Advocate Sri.Harisha K.S. for respondent No.1 and learned counsel Sri. H.L.Pradeep Kumar for respondents No.2 and 3. Perused the material on record.
5.
Learned counsel for the petitioners 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
- 4 -
HC-KAR NC: 2025:KHC:53080 WP No. 37638 of 2025
compensation has been enhanced to 10,871 sq. ft. per acre and since the petitioners continue to be lawful owners whose khata stands in their name, they are entitled to allotment of developed land in the industrial layout formed by the KIADB.
6.
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 petitioners have 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.
7. Submission is recorded.
8. Accordingly, this Court pass the following:
ORDER
(i) The writ petition is allowed.
(ii) The impugned General Award dated 10.08.2023 passed by respondent No.3 is hereby quashed insofar as petitioners’ land is concerned.
- 5 -
HC-KAR NC: 2025:KHC:53080 WP No. 37638 of 2025
(iii) The petitioners are 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
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 petitioners for granting developed land in industrial layout formed by acquiring land of the petitioners 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.
Sd/- _____________________ JUSTICE K.S. HEMALEKHA
HA LIST NO.: 1 SL NO.: 19