Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:53079 WP No. 37375 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 37375 OF 2025 (LA-KIADB) BETWEEN:
1.
SRI PAPEGOWDA S/O NANJEGOWDA AGED ABOUT 65 YEARS R/AT KODIHALLI KONAGHATTA BANGALORE RURAL DISTRICT-560024.
…PETITIONER (BY SRI. SHARAN N.MAJAGE., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA BENGALURU-560001.
2.
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REP BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER KHANIJA BHAVANA RACE COURSE ROAD BENGALURU-560001.
3.
SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD CFC BUILDING MAHARSHI ARAVIND BHAVAN 1ST FLOOR, NRUPATUNGA ROAD BENGALURU-560001. …RESPONDENTS (BY SRI. K S HARISHA, AGA FOR R1:
SRI H L PRADEEP KUMAR, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:53079 WP No. 37375 of 2025
GENERAL AWARDS BEARING NO. KIADB/LAQ/1177/2025-2026 AND KIADB/LAQ/1176/2025-2026 DATED 13.06.2025 PASSED BY THE RESPONDENT NO. 3 IN RESPECT OF LANDS IN SY.NO.165/1 MEASURING 1 ACRE 10 GUNTAS AND IN SY.NO.165/3 MEASURING 1 ACRE 10 GUNTAS, SITUATED AT KONAGHATTA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, IN SO FAR AS THE PETITIONER IS CONCERNED, AS PER ANNEXURE-D AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER Learned AGA accepts notice for respondent No.1.
2. Sri H.L.Pradeep Kumar, learned counsel accepts notice for respondents No.2 and 3.
3. The petitioner has approached this Court challenging the General Awards dated 13.06.2025 passed by the 3rd respondent in respect of the petitioner’s land in Sy.No.165/1, measuring 1 acre 10 guntas and in Sy.No.165/3, measuring 1 acre 10 guntas, situated at Konaghatta Village, Kasaba Hobli, Doddaballapura Taluk, Bengaluru Rural District.
4. Heard learned counsel Sri.Sharan N.Majage for petitioner, learned Additional Government Advocate Sri.Harisha K.S. for respondent No.1 and learned counsel
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HC-KAR NC: 2025:KHC:53079 WP No. 37375 of 2025
Sri.H.L.Pradeep Kumar for respondents No.2 and 3. Perused the material on record.
5.
Learned counsel for the petitioner submits that the compensation was earlier determined through a consent agreement entered into between the petitioner 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 Awards on 13.06.2025, which according to the petitioner could 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-F), 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 his name, the petitioner is 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
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HC-KAR NC: 2025:KHC:53079 WP No. 37375 of 2025
Order dated 23.02.2021, which governs the allotment of developed land, in lieu of monetary compensation. However, he submits that the petitioner has not yet submitted any representation before the competent authority, seeking such allotment. It is further submitted that if the petitioner submits an appropriate representation, the same will be duly considered in accordance with law.
7. Submission is recorded.
8. Accordingly, this Court pass the following:
ORDER
(i) The writ petition is allowed.
(ii) The impugned General Awards dated 13.06.2025 passed by respondent No.3 are hereby quashed.
(iii) The petitioner is granted liberty to submit a fresh representation to KIADB, within a period of 30 days from the date of receipt of a certified copy of this order. Upon receipt of such representation, the respondent-
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HC-KAR NC: 2025:KHC:53079 WP No. 37375 of 2025
KIADB shall consider the same in terms of Government
Order dated 23.02.2021 as per Annexure-F 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 petitioner.
(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 petitioner is entitled for compensation under Section 29(2) of the KIAD Act.
Sd/- _____________________ JUSTICE K.S. HEMALEKHA
HA LIST NO.: 1 SL NO.: 16