- 1 - HC-KAR NC: 2025:KHC:31013 WP No. 23799 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.23799 OF 2025 (LA-KIADB) BETWEEN: 1. MR. ABDUL ALEEM, S/O. MOHAMMED ISHAQ, AGED ABOUT 59 YEARS. 2. MR. MOHAMMED SALEEM, S/O. MOHAMMED ISHAQ, AGED ABOUT 57 YEARS. 3. MRS. SHARIEFA ISHAQ, W/O. MOHAMMED ISHAQ, AGED ABOUT 86 YEARS. ALL PETITIONERS RESIDING AT NO.10, BASAPPA ROAD, SHANTHI NAGAR, BENGALURU -560027. …PETITIONERS (BY SRI. R. VEERENDRA SHARMA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRY, VIKASA SOUDHA, BENGALURU -560 001, BY ITS SECRETARY. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, EAST WING, KHANIJA BHAVAN, BENGALURU-560 001, Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31013 WP No. 23799 of 2025 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER. 3. SPECIAL LAND ACQUISITION OFFICER-1, KIADB, NO.39, K.I.A.D.B., BHARATH SCOUTS AND GUIDES BUILDING, “SHANTI GRUHA”, 4TH FLOOR, PALACE ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP FOR R1; SRI. P.V.CHANDRASHEKAR, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD NO.KIADB/LAQ/295/2024-25 DATED 12.06.2024 PASSED BY THE THIRD RESPONDENT IN RESPECT OF THE PETITIONERS LAND MEASURING 2 ACRES BEARING SURVEY NO.98, KAREHALLI VILLAGE, VIDE 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, Sri R. Veerendra Sharma, appearing for the petitioners, Sri. Spoorthy Hegde N., learned HCGP appearing for respondent No.1 and Sri. P.V. Chandrashekar, learned counsel appearing for respondent Nos.2 and 3. - 3 - HC-KAR NC: 2025:KHC:31013 WP No. 23799 of 2025 2. The petitioners are before this Court, seeking for the following prayer: "a) Issue a writ in the nature of certiorari quashing the General award No.KIADB/LAQ/ 295/2024-25 dated 12.06.2024 passed by the third respondent in respect of the petitioners’ land measuring 2 acres bearing Sy.No.98, Karehalli Village, vide Annexure-A. b) Issue a writ in the nature of mandamus directing the respondent to pay to the petitioners compensation for acquisition of their land as per the notification bearing No.KIADB/LAQ/D-6/661/2022-23 dated 04.06.2022 @ rate of Rupees One Crore per acre only forthwith vide Annexure-E. c) To issue a writ in nature of mandamus, on failure of the said payment to return back the possession of their land measuring 2 acres in Sy.No.98, Karehalli Village to the petitioners. d) To pass any other Order/Writ or direction as this Hon’ble Court deems fit in the circumstances of the present case including cost and interest.” 3. The learned counsel appearing for the petitioners would submit that the issue in the lis stands - 4 - HC-KAR NC: 2025:KHC:31013 WP No. 23799 of 2025 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 was absolute owner of land bearing Sy.no.40/7, measuring of 12.08 guntas situated at Hadihosahalli Village, Thyamagondlu - 5 - HC-KAR NC: 2025:KHC:31013 WP No. 23799 of 2025 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 - 6 - HC-KAR NC: 2025:KHC:31013 WP No. 23799 of 2025 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 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." - 7 - HC-KAR NC: 2025:KHC:31013 WP No. 23799 of 2025 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 MD List No.: 2 Sl No.: 50