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2025 DAILYLAW 87795 (KAR)

SRI. SUJNAN PRAKASH Y M v. THE STATE OF KARNATAKA

WP/21600/2025 · 2025-07-22

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27592 WP No. 21600 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 21600 OF 2025 (LA-KIADB) BETWEEN: 1. SRI. SUJNAN PRAKASH Y M S/O. LATE MUNIBASAVAJAH, AGED ABOUT 40 YEARS, R/AT YEDUVANAHALLI VILLAGE, CHEELURU POST, MARALVADI HOBLI, HAROHALLI TALUK, RAMNAGARA DISTRICT - 562 112 …PETITIONER (BY SRI. SRIHARI A.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BANGALORE - 560 001 BY ITS SECRETARY 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIJA BHAVAN BANGALORE - 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER 3. THE SPECIAL LAND ACQUISITION OFFICER THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO. 14/1, ARAVINDA BHAVAN 1ST FLOOR, NRUPATHUNGA ROAD BENGALURU - 560 001 …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP SRI. VASANTHA, ADVOCATE FOR R2 AND R3) Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27592 WP No. 21600 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE GENERAL AWARD BEARING NO.KIADB.LAQ.2013-14 DATED 30.12.2013 VIDE ANNEXURE-A PASSED BY THE THIRD RESPONDENT.II) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER AS PER SECTION 29(2) OF THE KIAD ACT FOR PASSING THE CONSENT AWARD IN RESPECT OF PETITIONERS LAND MEASURING 01 ACRE AND 02 GUNTAS IN SY.NO.192/8, CHEELURU VILLAGE, MARALAWADI HOBLI, HAROHALLI TALUK, RAMANAGARA DISTRICT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is at the doors of this Court calling in question a General Award dated 30.12.2013, passed by the respondent No.3 in respect of land in Sy.No.192/8, measuring 1 acre 02 guntas, situated at Cheeluru Village, Maralawadi Hobli, Harohalli Taluk, Ramanagara District qua the petitioner. 2. Heard Sri. Srihari A.V., learned counsel appearing for the petitioner and Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondent No.1, - 3 - HC-KAR NC: 2025:KHC:27592 WP No. 21600 of 2025 Sri Vasantha, learned counsel appearing for respondent Nos.2 and 3, and have perused the material on record. 3. Learned counsel appearing to the petitioner submits that the issue in the lis at hand is identical to the issue that is considered by a Coordinate Bench in W.P.No.36514/2024 (LA-KIADB), disposed on 05.02.2025. Therefore, he seeks the same relief as is granted in the aforesaid writ petition. 4. Learned counsel for the respondents also admits that the issue in the lis is identical to the issue considered in W.P.No.36514/2024. 5. The Coordinate Bench of this Court in W.P.No.36514/2024 (LA-KIADB), disposed on 05.02.2025, has held as follows: "The petitioner claiming to be the absolute owner of land bearing Sy.No.60 (JMC Block No.22) measuring 1 acre situated at Bairadenahalli village, Kundanan Hobli, Devanahalli Taluka, Bengaluru District, which has been acquired by the respondent-KIADB in terms of the provisions of Section 28 of KIADB act is before this Court seeking following relief: "1) Issue writ of certiorari quashing the General Award bearing No. KIADB/LAQ/626/2023-24 dated: 24.05.2023 passed by the Respondent No. 3 in respect of land in Sy.No. 60 (JMC Block - 4 - HC-KAR NC: 2025:KHC:27592 WP No. 21600 of 2025 No.22) measuring 1 Acre of land situated at Bairadenahalli Village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District, in so far as the Petitioner is concerned, which is produced as ANNEXURE-E. ii) Issue any suitable order, direction or writ in the nature of mandamus directing the respondent herein to consider the case of the petitioner for grant of developed land as per as per in the industrial layout formed by acquiring the land of the petitioner. on the lines of the G.O dated 13.05 2008 bearing No. CI 495 SPQ 2008 marked, as ANNEXURE-F, the G.O dated 13.08.2007 bearing No. CI 417 SPQ 2007 marked as ANNEXURE-G and the latest GO dated 23.02.2021 bearing No. 103 SPQ (E) 2019 marked as ANNEXURE-H. iii) Pass such other order, writ or direction as the Hon'ble Court deems fit in the facts and circumstances of the case including costs." 2. Learned counsel for the petitioner submits that the general award has been passed. However, in view of the government order dated 13.05.2008 produced at Annexures-F, G & H, the petitioner is also entitled for developed land in the industrial layout formed by the respondent-KIADB. Hence, seeks for quashing of the general award and for a direction to respondent-KIADB to consider his requisition/representation for allotment of developed land in lieu of the monetary compensation as per the government order dated 13.05.2008. 3. Learned counsel for the respondent-KIADB on the other hand does not dispute that in terms of the government order dated 23.02.2021, which is the current government order, governing the field, petitioner would be entitled for developed land in the industrial layout formed by the KIADB in view of monetary compensation. He submits if a representation in this regard is made by the petitioner, the same will be considered in accordance with law. 4. Submission is taken on record. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC:27592 WP No. 21600 of 2025 ORDER i) The writ petition is allowed. ii) The general award bearing No.KIADB/LAQ/626/2023-24 dated 24.05.2023 passed respondent No.3 in respect of land bearing Sy.No.60 (JMC Block No.22) measuring 1 acre situated at Bairadenahalli village, Kundana Hobli, Devanahalli Taluka, Bengaluru District, is hereby quashed. iii) The petition shall make a fresh representation within 30 days from the date of receipt of certified copy this order, thereupon the respondent-KIADB to consider the same in terms of the government order referred to in the writ petition at annexure-H. iv) Such exercise shall be done with an outer limit of eight weeks from the date of submission of representation by the petitioner. v) The respondent-KIADB is at liberty to withdraw the amount in deposit, if any." In the light of the afore-quoted judgment and the identical facts, the petitioner is also entitled for the similar relief. 6. For the aforesaid reasons, the following: ORDER i) The writ petition is allowed. - 6 - HC-KAR NC: 2025:KHC:27592 WP No. 21600 of 2025 ii) Impugned General Award dated 30.12.2013, passed by the respondent No.3, stands quashed qua the petitioner. iii) The petitioner shall make a fresh representation within 30 days from the date of receipt of certified copy of this order, thereupon the respondent-KIADB to consider the same in terms of the Government Orders dated 13.08.2007, 13.05.2008 and 23.02.2021. iv) Such exercise shall be done with an outer limit of eight weeks from the date of submission of representation by the petitioner. v) The respondent-KIADB is at liberty to withdraw the amount in deposit, if any. SD/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 57