Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:16239 WP No. 8608 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. 8608 OF 2026 (LA-KIADB) BETWEEN:
1.
SRI. C. K. NANJEGOWDA S/O LATE KENCHAPPA @ KENCHEGOWDA, AGED ABOUT 40 YEARS,
2.
SMT. DUNDAMMA W/O LATE BASAVARAJU, AGED ABOUT 45 YEARS,
3.
SRI. KIRAN B.
S/O LATE BASAVARAJU, AGED ABOUT 24 YEARS,
4.
SRI. ARUN KUMAR S/O LATE BASAVARAJU, AGED ABOUT 22 YEARS,
ALL ARE R/AT CHEELURU VILLAGE, MARALAVADI HOBLI, HAROHALLI TALUKU, RAMANGARA DSITRICT - 562112. …PETITIONERS (BY SRI. SOWRABA JEEVALA L.M, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES,
Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:16239 WP No. 8608 of 2026
VIKASA SOUDHA, BANGALORE - 560 001, REPRESENTED BY ITS SECRETARY.
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 ACQUSITIION OFFICER -1, THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 14/1, ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. A.S. HARISH, AGA FOR R1;
SRI. P.V. CHANDRASHEKHAR, ADV. FOR R2 AND R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE GENERAL AWARD BEARING NO.KIADB:LAQ: :2013-14 DATED 30-12- 2013 AS PER ANNEXURE-A PASSED BY THE 3RD RESPONDENT IN RESPECT OF PETITIONERS LAND IS CONCERN 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
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HC-KAR NC: 2026:KHC:16239 WP No. 8608 of 2026
ORAL ORDER
Learned Additional Government Advocate accepts notice of respondent No.1. Learned counsel, Sri. P.V. Chandrashekar accepts notice for respondents No.2 and 3.
2. The petitioners have sought for setting aside of the general award at Annexure-A 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 in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short KIAD Act) and to pass consent award.
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
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HC-KAR NC: 2026:KHC:16239 WP No. 8608 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-A 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.
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HC-KAR NC: 2026:KHC:16239 WP No. 8608 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-A 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