- 1 - HC-KAR NC: 2025:KHC:36564 WP No. 26101 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26101 OF 2025 (LA-KIADB) BETWEEN: 1. N.DAMODHARA S/O T.NARASIMHULU AGED ABOUT 55 YEARS RESIDING AT NO. 14 SUBHASH CHANDRA BOSE ROAD BENDRE NAGAR BENGALURU-560 070 2. M.CHANDRASHEKAR S/O N.MUNISWAMY AGED ABOUT 55 YEARS RESIDING AT NO.140/2 MANJUNATH ROAD, 2ND BLOCK R.T.NAGAR BENGALURU-560032 ..PETITIONERS (BY SRI. SRIHARI A.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY TAHASILDAR BENGALURU SOUTH TALUK KANDAYA BHAVAN, K.G.ROAD Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36564 WP No. 26101 of 2025 BENGALURU-560 009 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-2 METRO, THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.14/1, ARAVINDA BHAVAN 1ST FLOOR, NRUPATHUNGA ROAD BENGALURU-560 001 4. BENGALURU METRO RAIL CORPORATION LIMITED/KIADB 3RD FLOOR, BMTC COMPLEX K.H.ROAD, SHANTHINAGAR BENGALURU-560 027. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP FOR R-1; SRI VASANTH, ADVOCATE FOR R-2 & R-3; SRI K.KRISHNA, ADVOCATE FOR R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASH THE GENERAL AWARD BEARING CASE NO.KIADB/METRO/LA/DP- 1/A.PLOT.NO.39/2018-19 DATED 11.09.2018 VIDE ANNEXURE- A PASSED BY THE THIRD RESPONDENT, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36564 WP No. 26101 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court, seeking for the following prayers: "i) Issue a writ in the nature of Certiorari quashing the General Award bearing Case No.KIADB/Metro/LA/DP-1/A.Plot.No.39/2018-29 dated 11.09.2018 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 Petitioners as per Section 29(2) of the KIAD Act for passing the consent Award in respect of Petitioners plot bearing No.39 (Identification No.R6-DP1/A), carved out of Sy.No.87, measuring 111.41 Square Meters of Kothanur Village, Bengaluru South Taluk. iii) Grant such other reliefs as this Hon'ble Court deem fit in the facts and circumstances of the case and in the interest of Justice and Equity." 2. Heard Shri Srihari A.V. learned counsel appearing for the petitioners; Shri Spoorthy Hegde N., learned High Court Government Pleader appearing for respondent No.1; Shri Vasanth, learned counsel appearing for respondents No.2 and 3 and Shri K. Krishna, learned counsel appearing for respondent No.4. - 4 - HC-KAR NC: 2025:KHC:36564 WP No. 26101 of 2025 3. Learned counsel appearing for the petitioners submits in plethora of identical matters, co-ordinate benches of this Court has considered the issue and answered in favour of the petitioner. One such order passed by the co-ordinate bench of this Court in W.P.No.15026/2021 disposed on 18.08.2021, has allowed the petition and directed the respondents to consider the case of the petitioner therein and pass necessary orders in accordance with law. 4. Learned High Court Government Pleader would not dispute the position of law; the identical circumstance and afore-quoted judgment rendered by the co-ordinate bench of this Court. 5. The co-ordinate bench of this Court in W.P.No.15026/2021 disposed on 18.08.2021, has held as follows: "Learned Additional Government Advocate waives notice for respondent No.1. Learned counsel Smt. Gowharunnissa, who is present before this Court, accepts notice for respondents No.2 and 3. 2. The petitioners' property bearing Sy.No.5/4, measuring 27 guntas, situated at Mindahallil Village, Kasaba Hobli, Malur Taluk, Kolar District, was notified for acquisition by State Government for the benefit of - 5 - HC-KAR NC: 2025:KHC:36564 WP No. 26101 of 2025 respondent No.2-KIADB. The grievance of the petitioner is that, while the General Award passed by the respondent No.3-Special Land Acquisition Officer-NIMZ was questioned by some of the landlords, this Court in the Smt. Rathnamma Vs. The State of Karnataka in W.P.No.31702/2018, by order dated 29.11.2018 has set aside the General Award and directed the respondents to consider the claim of the petitioner under Section 29(2) of the KIAD Act, 1966, within a period of two months. Therefore, it is the prayer of the petitioner that similar orders may be passed in this writ petition to set aside the General Award and direct the respondent authorities to consider claim for compensation under Section 29(2) of the Act. 3. The submission of the learned counsel for petitioner is not controverted at the hands of the respondents. 4. Consequently, this Court proceeds to pass the following:- ORDER (i) Writ Petition is hereby allowed. (ii) The impugned General Award at Annexure - A, dated 17.07.2021 is hereby quashed. (iii) Respondent No.3 (SLAO) is hereby directed to consider the claim of the petitioners under Section 29(2) of the KIAD Act, 1966 within a period of four months from the date of receipt of copy of this order. (iv) It is made clear that in the event, if any dispute arises with regard to entitlement and apportionment of the award amount, the General Award at Annexure-A, which - 6 - HC-KAR NC: 2025:KHC:36564 WP No. 26101 of 2025 has been quashed by this Court would revive. (v) Liberty is reserved to Special Land Acquisition Officer, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to General award." 6. In the light of the issue standing covered by judgment rendered by a co-ordinate bench of this Court supra, the petition be disposed on the same terms. Accordingly, the following: ORDER (i) The writ petition is allowed. (ii) The impugned general award dated 11.09.2018 at Annexure-A insofar as the petitioners' land is concerned is set aside. (iii) The respondent-Special Land Acquisition Officer of the KIADB is directed to reconsider the request of the petitioners for award of compensation by way of an agreement under Section 29(2) of the KIAD Act and pass necessary orders within a period of three months from the date of receipt of copy of this order. - 7 - HC-KAR NC: 2025:KHC:36564 WP No. 26101 of 2025 (iv) The respondent–Special Land Acquisition Officer, KIADB, is at liberty to withdraw the amount that has been deposited by it pursuant to the general award before the jurisdictional Court. (v) Needless to state that in the event of any dispute, the general award would stand restored. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 80 CT:BHK