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2026 DAILYLAW 10989 (KAR)

SMT. JAYALAKSHMAMMA v. THE STATE OF KARNATAKA

WP/3655/2026 · 2026-02-06

S Sunil Dutt Yadav

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:7036 WP No. 3655 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 3655 OF 2026 (LA-KIADB) BETWEEN: 1. SMT. JAYALAKSHMAMMA W/O LATE GANGANARASAIAH, AGED ABOUT 76 YEARS. 2. SRI. G NATARAJ S/O LATE GANGANARASAIAH, AGED ABOUT 52 YEARS 3. SRI. B G YAUVARAJ, S/O LATE GANGANARASAIAH, AGED ABOUT 50 YEARS 4. SMT G SAVITHA D/O LATE GANGANARASAIAH, AGED ABOUT 50 YEARS 5. SRI. KAMBAIAH, S/O LATE GANGANARASAIAH, AGED ABOUT 76 YEARS PETITIONERS ARE RESIDING AT BEERAGONDANAHALLI VILLAGE, THYMAGONDLU HOBLI, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7036 WP No. 3655 of 2026 NELAMANGALA TALUK, BANGALURU RURAL DISTRICT - 562 132 … PETITIONERS (BY SRI. RAGHAVENDRA GOWDA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BANGALORE-560 001. REPRESENTED BY ITS SECRETARY 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIZA BHAVAN BANGALORE-560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER 3. THE SPECIAL LAND ACQUISITION OFFICER HEAD OFFICE, KIADB NO.14/1, ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU- 560 001 … RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1; SRI P.V. CHANDRA SHEKAR, ADVOCATE FOR R2 & R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GENERAL AWARD REFERENCE BEARING NO. BANGALORE/ACQ- 2/691/2015-16 DTD. 09.06.2015 VIDE ANNEXURE-A ISSUED BY R3 IN SO FAR AS PETITIONER IS CONCERNED AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2026:KHC:7036 WP No. 3655 of 2026 ORAL ORDER Learned Additional Government Advocate accepts notice for respondent No.1. Sri. P.V. Chandrashekar, learned counsel accepts notice for respondents 2 and 3. The matter is taken up for disposal by consent. 2. Petitioners have sought for setting aside of the general awards and further sought for a direction that instead of compensation by way of cash, in terms of the Government Order dated 23.02.2021 the developed land may be directed to be offered to the petitioners. 3. It is noticed that the petitioners are the absolute owners of an extent of 3 acres 7 guntas in Sy. No.16/1 and an extent of 18 guntas in Sy. No.16/2 of Beeragondanahalli Village, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District. - 4 - HC-KAR NC: 2026:KHC:7036 WP No. 3655 of 2026 4. It is submitted that the properties of the petitioners were notified under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act'). Petitioners submit that they are willing for a consent award being passed and that compensation may be granted by way of developed land in lieu of cash compensation in terms of the Government Order dated 23.02.2021. 5. Reliance is placed on the order passed in W.P.No. 21363/2025. The relevant paragraphs of the said order reads as follows: "3. The issue raised in this petition regarding prayer (c) to quash the impugned General Award is squarely covered by the several decisions of this Court and one such order is passed in RUKMINAMMA VS STATE OF KARNATAKA AND OTHERS - W.P.NO. 3092/2025 D.D. 05.02.2025. Undisputedly, the petitioner’s land to the extent of 10½ guntas has been acquired under the notification, and the acquisition proceedings have attained finality. - 5 - HC-KAR NC: 2026:KHC:7036 WP No. 3655 of 2026 4. Learned counsel for the petitioner submits that the petitioner is willing to accept the developed land by way of a consent award, in terms of the Government Order dated 23.02.2021. 5. Learned counsel appearing for respondent Nos. 2 and 3 – KIADB submits that if the petitioner is willing to accept the compensation in accordance with the said Government Order dated 23.02.2021, the same will be considered by the authority in accordance with law. 6. The submission is placed on record. 7. Accordingly, this Court pass the following : ORDER (i) The Writ Petition is allowed in part. (ii) The impugned General Award dated 29.03.2025 passed by the third respondent at Annexure-B in so far as the petition schedule property is concerned, is hereby quashed. (iii) The third respondent is directed to consider the petitioner’s representation dated 15.03.2025 in terms of the Government Order dated 23.02.2021 and pass appropriate orders in accordance with law within a period of three - 6 - HC-KAR NC: 2026:KHC:7036 WP No. 3655 of 2026 months from the date of receipt of a certified copy of this order. (iv) It is needles to state that in the event of any dispute, the General Award stand restored. (v) Respondent No.3 is at liberty to withdraw the amount deposited before this Court in respect of the schedule land in question." 6. In light of the observations made in W.P.No. 21363/2025, the following order is passed: ORDER (i) The petition is allowed-in-part. (ii) The impugned general awards dated 09.06.2015 at Annexures-A and B are quashed insofar as the petition schedule properties are concerned. (iii) Respondent No.3 is directed to consider the case of the petitioners in terms of the observations made above and in terms of the Government Order dated 23.02.2021 and pass appropriate orders in accordance with law within 3 months from the date of receipt of certified copy of this order. - 7 - HC-KAR NC: 2026:KHC:7036 WP No. 3655 of 2026 (iv) Needless to state, in the event if there is any dispute, the general awards at Annexures-A and B would stand restored. (v) Respondent No.3 is at liberty to withdraw the award amount, if deposited before the Civil Court in respect of the schedule lands in question. SD/- (S SUNIL DUTT YADAV) JUDGE VP