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2026 DAILYLAW 24949 (KAR)

M/S DAVALAGIRI PROPERTY DEVELOPERS PVT LTD v. STATE OF KARNATAKA

WP/18848/2026 · 2026-06-24

R Nataraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31437 WP No. 18848 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 18848 OF 2026 (LA-KIADB) BETWEEN: M/S DAVALAGIRI PROPERTY DEVELOPERS PVT. LTD., COMPANY INCORPORATED UNDER COMPANIES ACT, 1956, REPRESENTED BY MR. MOHAN V. AGED ABOUT 65 YEARS HAVING OFFICE AT PRERANA CHAMBERS, NO. 26, 2ND FLOOR, NEHRU NAGAR MAIN ROAD, KUMARA PARK WEST, BENGALURU- 560020 …PETITIONER (BY SRI. SRINIVAS S.V., ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES, REPRESENTED BY ITS SECRETARY VIDHANA SOUDHA, BENGALURU-560 001. 2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560001. 3. THE SPECIAL LAND ACQUISITION OFFICER, HEAD OFFICE, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31437 WP No. 18848 of 2026 NO.14/3, 1ST FLOOR, CFC BUILDING MAHARSHI ARAVINDA BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001. 4. THE BENGALURU METRO RAIL CORPORATION BMTC COMPLEX, K.M.ROAD, BENGALURU - 27 BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR RESPONDENT NOS.2 AND 3; SRI. K. KRISHNA, ADVOCATE FOR RESPONDENT NO.4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD BEARING NO.KIADB/METRO/BHUSWA/ARP-VRP-2-ADL- 1/2025-26 DATED 15.04.2025 WITH RESPECT TO THE SCHEDULE PROPERTY PASSED BY RESPONDENT NO.3 PRODUCED AS ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of certiorari to quash the general award bearing No.KIADB/METRO/BHUSWA/ARP-VRP-2-ADL-1/2025-26 dated 15.04.2025 and direct the respondent No.3 to pass a consent - 3 - HC-KAR NC: 2026:KHC:31437 WP No. 18848 of 2026 award under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (henceforth referred to as 'KIAD Act'). 2. The petitioner claims to be the owner of the properties bearing khata No.738/10 measuring 2372.78 sq. mtrs. and khata No.230/87/2A, 87/3 measuring 435.15 sq. mtrs. situated at Nagavara Village, Kasaba Hobli, Bengaluru North Taluk, which purportedly was acquired by the respondent No.1 for the purposes of the respondent No.4. It is contended that respondent No.3 passed a general award determining the compensation payable at the rate of Rs.35,600/- per sq. mtr. The petitioner contends that no opportunity was given to it to consent for passing an award as per the price determined by the Price Determination Committee constituted by the respondent No.4. The petitioner is therefore before this Court challenging the general award and prays that a consent award be passed. 3. The learned counsel for the petitioner reiterated the above submissions. 4. The learned counsel for the respondent Nos.2 and 3 does not dispute the fact that the respondent No.4 has - 4 - HC-KAR NC: 2026:KHC:31437 WP No. 18848 of 2026 constituted a Committee for determination of the price of the acquired land and that higher compensation is determined by way of consent. 5. In that view of the matter, it is appropriate that the impugned general award is set at nought and a direction is issued to respondent No.3 to pass a consent award under Section 29(2) of the KIAD Act. 6. In view of the above, the petition is allowed. The impugned general award bearing No. KIADB/METRO/BHUSWA/ARP-VRP-2-ADL-1/2025-26 dated 15.04.2025 in respect of the property bearing khata No.738/10 measuring 2372.78 sq. mtrs. and khata No.230/87/2A, 87/3 measuring 435.15 sq. mtrs. situated at Nagavara Village, Kasaba Hobli, Bengaluru North Taluk is quashed. The respondent No.3 is directed to pass a consent award under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 within a period of three months from the date of receipt of a certified copy of this Order. - 5 - HC-KAR NC: 2026:KHC:31437 WP No. 18848 of 2026 7. It is needless to mention that the respondent No.3 is at liberty to withdraw the amount deposited before the Civil Court as per the general award mentioned above. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 40