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2026 DAILYLAW 13087 (KAR)

SMT PARVATHAMMA v. THE STATE OF KARNATAKA

WP/8616/2026 · 2026-03-23

S Sunil Dutt Yadav

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16301 WP No. 8616 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 8616 OF 2026 (LA-KIADB) BETWEEN: 1. SMT. PARVATHAMMA W/O LATE DODDAHANUMAIAH, AGED ABOUT 71 YEARS, 2. SRI. RAMESH D. S/O LATE DODDAHANUMAIAH, AGED ABOUT 51 YEARS, 3. SMT. SAVITHTRAMMA W/O LATE KANTHARAJU, AGED ABOUT 57 YEARS, 4. SRI K. HANUMANTHA RAJU S/O LATE KANTHARAJU, AGED ABOUT 35 YEARS, ALL ARE RESIDENT OF OBALAPURA VILLAGE, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562157. …PETITIONERS (BY SRI. R. RAMESH BABU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16301 WP No. 8616 of 2026 DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, NO.2/1 AND 2/3, ACHARYA TULASI ROAD, 1ST MAIN, GANDHINAGAR, BANGALORE-560 009. 3. THE SPECIAL LAND ACQUISITION OFFICER (BMICP) KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, MAHARSHI ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. A.S. HARISH, AGA FOR R1; SRI. VASANTHA, ADV. FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD BEARING NO.KIADB/HO/SLAO/2601-P/790/ 2022-23, DATED 16-02-2023 PASSED BY THE RESPONDENT NO.3 IN RESPECT OF THE LAND IN SY. NO.103/1, MEASURING 1 ACRE 31 GUNTAS, SITUATED AT OBALAPURA VILLAGE, TYAMADONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, IN SO FAR AS THE PETITIONER IS CONCERNED, WHICH IS PRODUCED AS ANNEXURE-C 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:16301 WP No. 8616 of 2026 ORAL ORDER Learned Additional Government Advocate accepts notice of respondent No.1. Learned counsel, Sri. Vasantha accepts notice for respondents No.2 and 3. 2. The petitioners have sought for setting aside of the general award at Annexure-C insofar as the petitioners' land is concerned. The petitioners have also sought for issuance of writ in the nature of mandamus to direct the respondents to consider the case of the petitioners for passing of consent award, in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short KIAD Act). 3. The case of the petitioners is that they were willing for a consent award and accordingly, the question of passing of general award does not arise. 4. Learned counsel for the respondent - Karnataka Industrial Area Development Board (KIADB) submits that the petition itself could be disposed of while setting aside - 4 - HC-KAR NC: 2026:KHC:16301 WP No. 8616 of 2026 the general award insofar as the petitioners are concerned and the respondent - Special Land Acquisition Officer, KIADB would consider the request of the petitioners and pass a consent award as per law. 5. In light of the said stand, taking note of the directions passed in W.P.No.15026/2021, the petition is disposed of as follows: (i) The petition is allowed. (ii) The impugned general award at Annexure-C insofar as the petitioners' land is concerned, is set aside. (iii) Respondent No.3 is directed to consider the claim of the petitioners for passing of consent award and pass a consent award in terms of Section 29(2) of the KIAD Act, within a period of four months from the date of receipt of copy of this order. - 5 - HC-KAR NC: 2026:KHC:16301 WP No. 8616 of 2026 6. It is made clear that, in the event if there is any dispute with regard to entitlement and apportionment of the award amount, the general award at Annexure-C would stand revived. 7. Liberty is reserved to the Special Land Acquisition Officer, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to the general award. 8. Accordingly, the petition is disposed of in terms of the above. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR