- 1 - HC-KAR NC: 2025:KHC:53143-DB WA No. 803 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 803 OF 2025 (LA-KIADB) BETWEEN: 1. SMT. B. R. SMITHA DAUGHTER OF B. A. RAJANNA, AGED ABOUT 32 YEARS, RESIDING AT BILLANAKOTE VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, PIN CODE – 562 111. 2. SRI. B. R. RUDRESH SON OF B. A. RAJANNA, AGED ABOUT 29 YEARS, RESIDING AT BILLANAKOTE VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, PIN CODE – 562 111. …APPELLANTS (BY SRI. P. M. SIDDAMALLAPPA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, - 2 - HC-KAR NC: 2025:KHC:53143-DB WA No. 803 of 2025 INDUSTRIES AND COMMERCE DEPARTMENT, VIKAS SOUDHA, DR. B.R. AMBEDKAR ROAD, BANGALORE – 560 001. 2. KARNATAKA AREA INDUSTRIAL AREA DEVELOPMENT BOARD, REPRESENTED BY CHIEF EXECUTIVE OFFICER, AND EXECUTIVE DIRECTOR, NO.49, 4TH AND 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE – 560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER - 1 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, (KIADB)(BMICP) AND BANGALORE RURAL, NELAMANGALA OFFICE, SITUATED AT NO.14/3, ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BANGALORE – 560 001. 4. THE SPECIAL LAND ACQUISITION OFFICER - 2 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, (KIADB)(BMICP) AND BANGALORE RURAL, NELAMANGALA OFFICE, SITUATED AT NO.14/3, ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BANGALORE – 560 001. 4. SRI. B. S. JAYARAM S/O. LATE SANJEEVAIAH. B. T, AGED ABOUT 50 YEARS, - 3 - HC-KAR NC: 2025:KHC:53143-DB WA No. 803 of 2025 RESIDING AT BILLANKOTE VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, PIN CODE - 562 111. …RESPONDENTS (BY SRI. MOHAMMED JAFFER SHAH, AGA FOR R1; SRI. P.V.CHANDRASHEKAR, ADVOCATE FOR R2 & R3; SRI. RAJESH MAHALE, SENIOR ADVOCATE A/W SRI. MANOJ, ADVOCATE FOR SRI. D.S.JAYARAJ, ADVOCATE FOR R4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO 1) PASS ORDER TO SECURE RECORDS IN WP No.11661/2025 (LA-KIADB) 2) AND, THEREBY ORDER TO SET ASIDE THE ORDER DATED 21.04.2025, PASSED IN WP No. 11661/2025 (LA-KIADB), PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND TO PASS ORDER AS PRAYED FOR IN THE WRIT PETITION BY ALLOWING THE ABOVE WRIT APPEAL WITH EXEMPLARY COST AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 4 - HC-KAR NC: 2025:KHC:53143-DB WA No. 803 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) This writ appeal arises from the judgment and order dated 22.04.2025 passed in W.P. No. 11661 of 2025. 2. The parties are referred to by their rank in the writ petition for convenience. 3. The appellant was not a party before the learned Single Judge. The appellant's suit in O.S. No. 355 of 2017 was rejected, and a Civil Revision Petition (C.R.P. No. 470 of 2023) filed against that rejection was dismissed by this Court on 07.03.2025. Against this dismissal, the appellant had filed a Special Leave Petition (Civil) No. 27038 of 2025 before the Supreme Court, which is pending with the next date of hearing on 04.02.2026. 4. Subsequently, W.P. No. 11661 of 2025 was filed by the 5th respondent/petitioner, seeking a direction to the Karnataka Industrial Areas Development Board (KIADB) to determine compensation. The learned Single Judge, by the impugned judgment, allowed the writ - 5 - HC-KAR NC: 2025:KHC:53143-DB WA No. 803 of 2025 petition, set aside the general award concerning the land in question, and directed the KIADB to consider the petitioner's case for determining compensation under Section 29(2) of the KIAD Act, 1966. 5. Sri Rajesh Mahale, learned Senior Counsel appearing for the KIADB, submits that the direction is limited to determining compensation under Section 29(2). He undertakes on behalf of the KIADB that the compensation amount, once determined, will not be disbursed or withdrawn until the Supreme Court decides the pending Special Leave Petition (SLP). 6. In view of this unequivocal undertaking, we are of the opinion that keeping this appeal pending serves no purpose. The interests of justice will be met by allowing the KIADB to proceed with the quantification of the compensation while protecting the corpus pending the final adjudication by the Supreme Court. 7. Accordingly, we pass the following: - 6 - HC-KAR NC: 2025:KHC:53143-DB WA No. 803 of 2025 ORDER i. The KIADB shall determine the compensation for the land in question in accordance with the directions of the learned Single Judge under Section 29(2) of the KIAD Act, 1966. ii. This exercise of determination shall be completed within three months from today. iii. The compensation amount, so determined, shall not be disbursed and shall be held in abeyance until the Supreme Court pronounces its judgment in SLP (Civil) No. 27038 of 2025. iv. The undertaking recorded above shall be binding on the KIADB. v. With these directions, the writ appeal is disposed of. vi. All pending office objections, if any, are overruled. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE TIN List No.: 1 Sl No.: 23 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA