- 1 - HC-KAR NC: 2025:KHC:54206 WP No. 38233 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 38233 OF 2025 (LA-KIADB) BETWEEN: 1. SRI. HEMANTHAKUMAR V S/O M VEERAPPA AGED ABOUT 45 YEARS, R/AT. NO. 153, SRI MANJUNATHA NILAYA, RAMA MANDIRA ROAD, KODIGEHALLI, BANGALORE NORTH- 560 092 2. SRI. VIJAYPRAKASH V S/O M VEERAPPA AGED ABOUT 44 YEARS, R/AT. NO. 153, SRI MANJUNATHA NILAYA, RAMA MANDIRA ROAD, KODIGEHALLI, BANGALORE NORTH-560092 3. SMT. UMAVATHI G W/O. UDHAY PRAKASH AGED ABOUT 38 YEARS, R/AT. NO. 153, SRI MANJUNATHA NILAYA, RAMA MANDIRA ROAD, KODIGEHALLI, BANGALORE NORTH-560092 …PETITIONERS (BY SRI. KUMARA K G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54206 WP No. 38233 of 2025 DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE-560 001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER 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 ARAVINDA BHAVAN 1ST FLOOR, NRUPATUNGA ROAD BENGALURU-560001. …RESPONDENTS (BY SMT. RASHMI RAO, HCGP FOR R1; SRI. H.L.PRADEEP KUMAR, ADVOCATE) *** 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 ACRE 8 GUNTAS, SITUATED AT DODDAGOLLAHALLI, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, IN SO FAR AS THE PETITIONER IS CONCERNED, AS PER ANNEXURE-D. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:54206 WP No. 38233 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned Additional Government Advocate accepts notice for respondent No.1. 2. Sri.H.L. Pradeep Kumar, learned counsel accepts notice for respondent Nos.2 and 3. 3. The petitioners have approached this Court challenging the General Award dated 10.08.2023 passed by the 3rd respondent in respect of the land in Sy.No.2, measuring 03 acres 08 guntas, situated at Doddagollahalli, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District, insofar as it pertains to the petitioners. 4. Heard the learned counsel Sri.Kumara K.G. for petitioners, learned Additional Government Advocate Smt. Rashmi Rao for respondent No.1 and learned counsel Sri.H.L.Pradeep Kumar for respondent Nos.2 and 3. Perused the material on record. - 4 - HC-KAR NC: 2025:KHC:54206 WP No. 38233 of 2025 5. Learned counsel for the petitioners submits that the compensation was earlier determined through a consent agreement entered into between the petitioners and the State under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short “the KIAD Act”). However, respondent No.3 subsequently, passed the impugned General Award on 10.08.2023, which according to the petitioners would not have been issued once a consent award was agreed upon. He further submits that as per the Government Order dated 23.02.2021 (Annexure-E), the extent of developed land is increased to 10781 sq. ft. per acre and therefore, being the lawful owner of the acquired land whose katha stands in their names, the petitioners are entitled to such allotment of developed land in the industrial layout formed by respondent-KIADB. 6. Learned counsel appearing for respondent- KIADB does not dispute the existence of the Government Order dated 23.02.2021, which governs the allotment of - 5 - HC-KAR NC: 2025:KHC:54206 WP No. 38233 of 2025 developed land, in lieu of monetary compensation. However, he submits that the petitioners have not yet submitted any representation before the competent authority seeking such allotment. It is further submitted that if the petitioners submit an appropriate representation, the same will be duly considered in accordance with law. 7. Submission is recorded. 8. Accordingly, this Court passes 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. (iii) The petitioners are granted liberty to submit a fresh representation to KIADB, within a period of thirty days from the date of receipt of a certified copy of this order. Upon receipt of such representation, the - 6 - HC-KAR NC: 2025:KHC:54206 WP No. 38233 of 2025 respondent-KIADB shall consider the same in terms of Government Order dated 23.02.2021 as per Annexure-E and pass appropriate orders. (iv) The said consideration by the KIADB shall be within eight weeks from the date of submission of the representation by the petitioners. (v) The respondent-KIADB is at liberty to withdraw the amount, if any, deposited before the Competent Court. (vi) In the event, if there is no consensus arrived for grant of developed land, the petitioners are entitled for compensation under Section 29(2) of the KIAD Act. Sd/- _____________________ JUSTICE K.S. HEMALEKHA BMV* List No.: 1 Sl No.: 23