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2026 DAILYLAW 27475 (KAR)

SMT GOWRAMMA, v. THE STATE OF KARNATAKA,

WP/18791/2026 · 2026-06-23

R Nataraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31141 WP No. 18791 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 18791 OF 2026 (LA-KIADB) BETWEEN: 1. SMT. GOWRAMMA W/O LATE RAMESH AGED ABOUT 48 YEARS 2. KUM. HAMSA R D/O LATE RAMESH AGED ABOUT 21 YEARS 3. KUM. DHANUSHREE D/O LATE RAMESH AGED ABOUT 18 YEARS ALL ARE RESIDENTS OF BYRADENAHALLI VILLAGE KUNDANA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 157 …PETITIONERS (BY SRI. R. RAMESH BABU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA BENGALURU-560 001 2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31141 WP No. 18791 of 2026 EXECUTIVE MEMBER NO.2/1 AND 2/3 ACHARYA TULASI ROAD 1ST MAIN, GANDHINAGAR BANGALORE-560 009 3. THE SPECIAL LAND ACQUISITION OFFICER, (METRO) KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD MAHARSHI ARAVINDA BHAVAN 1ST FLOOR, NRUPATHUNGA ROAD BENGALURU-560 001 REPRESENTED SLAO (METRO) …RESPONDENTS (BY SRI. ADITYA DIWAKAR, AGA FOR R1; SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE GENERAL AWARD BEARING NO. KIADB/HO/SLAO/2601-P2/8091/2023-24, DATED 14-07-2023 PASSED BY THE RESPONDENT NOS.2 AND 3 IN RESPECT OF THE LAND IN SY.NO.60 JMC BLOCK NO 21, MEASURING 1 ACRE SITUATED AT BYRADENAHALLI VILLAGE, HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, IN SO FAR AS THE PETITIONERS 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 R. NATARAJ - 3 - HC-KAR NC: 2026:KHC:31141 WP No. 18791 of 2026 ORAL ORDER The petitioners have sought for a writ in the nature of certiorari to quash the general award bearing No.PÉLJr©/PÉÃA.PÀ/¨sÀƸÁé/2601-¦2/8091/2023-24 dated 14.07.2023 passed by the respondent No.3 in respect of the land in Sy.No.60, JMC Block No.21, measuring 1 acre situated at Byradenahalli Village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District. They have also sought for a writ in the nature of mandamus to direct the respondent No.3 to consider the case of the petitioners for grant of developed land in lieu of compensation in the industrial layout by passing a consent award under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (henceforth referred to as 'KIAD Act'). 2. The petitioners claim that husband of the petitioner No.1 and father of the petitioner Nos.2 and 3 was the owner of Sy.No.60, JMC Block No.21, measuring 1 acre situated at Byradenahalli Village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District, which was proposed for acquisition for formation of industrial layout vide preliminary notification dated - 4 - HC-KAR NC: 2026:KHC:31141 WP No. 18791 of 2026 09.06.2010 under Section 28(1) of the KIAD Act, followed by a final notification dated 25.05.2022. It is contended that the Price Advisory Committee in its 382nd meeting held on 12.01.2023 have determined the compensation payable to those who consent for an award at Rs.1,35,00,000/- per acre. The petitioners claim that the respondent Nos.2 and 3 have utilized his land without paying the compensation. However, it is further contended that the respondent - KIADB without considering the revenue records and without verifying the objections filed by some interloper, straight away passed the general award bearing No.PÉLJr©/PÉÃA.PÀ/¨sÀƸÁé/2601-¦2/8091/2023- 24 dated 14.07.2023 and deposited the compensation amount before the competent Court. The petitioners claim that the State Government has issued a Government Order dated 23.02.2021 in terms of which, it has directed respondent No.2 to allot 10,781 sq.ft. per acre of developed land instead of compensation in cash. The petitioners therefore claim that the general award passed by respondent No.3 is not beneficial to them and hence, prays that the same be quashed and a - 5 - HC-KAR NC: 2026:KHC:31141 WP No. 18791 of 2026 direction be issued to pass an award by consent and grant 10,781 sq.ft. per acre developed land in the same layout. 3. Learned counsel for the petitioners 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 KIAD Act. However, the respondent No.3 entertained objections of an interloper and passed the impugned general award on 14.07.2023, which could not have been done once a consent award was agreed upon. He further submits that as per the Government Order dated 23.02.2021 at Annexure-D, the extent of developed land is increased to 10,781 sq. ft. per acre, and therefore, the petitioners being the lawful owners of the acquired land, is entitled to allotment of developed land in the industrial layout formed by respondent- KIADB. He further submits that in similar facts and circumstances in W.P.No.37678/2025 filed by the land loser, a Co-ordinate Bench of this Court has considered the prayer of the petitioners therein for grant of developed land in lieu of compensation and vide order dated 15.12.2025, was pleased to - 6 - HC-KAR NC: 2026:KHC:31141 WP No. 18791 of 2026 order to grant the developed land in lieu of compensation under Section 29(2) of the KIAD Act. 4. Learned counsel appearing for respondent Nos.2 and 3 does not dispute the Government Order dated 23.02.2021, by which developed industrial land of 10,781 sq.ft. per acre is allotted, in lieu of monetary compensation. However, he submits that if the petitioners submit an appropriate representation, the same will be duly considered in accordance with law. 5. In view of the above submission, following order is passed: ORDER i. The Writ Petition is allowed; ii. The impugned general award bearing No.PÉLJr©/PÉÃA.PÀ/¨sÀƸÁé/2601-¦2/8091/2023-24 dated 14.07.2023 passed by the respondent Nos.2 and 3 in respect of the land in Sy.No.60, JMC Block No.21, measuring 1 acre situated at Byradenahalli Village, Kundana Hobli, - 7 - HC-KAR NC: 2026:KHC:31141 WP No. 18791 of 2026 Devanahalli Taluk, Bengaluru Rural District, is hereby quashed; iii. The petitioners are granted liberty to submit a fresh representation to respondent - KIADB, expressing consent for an award and agree to receive 10,781 sq.ft. per acre developed land in lieu of monetary compensation, within a period of thirty days from the date of receipt of a certified copy of this order. Upon receipt of such representation, the respondent-KIADB shall consider the same in accordance with law and in terms of Government Order dated 23.02.2021 as per Annexure-D 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 Civil Court pursuant to the general award bearing - 8 - HC-KAR NC: 2026:KHC:31141 WP No. 18791 of 2026 No.PÉLJr©/PÉÃA.PÀ/¨sÀƸÁé/2601-¦2/8091/2023-24 dated 14.07.2023; vi. In the event, if there is no consensus arrived for grant of developed land or if there are any unresolved objections, respondent Nos.2 and 3 shall take appropriate action but in accordance with law and after notifying the petitioner; Learned Additional Government Advocate for respondent No.1 and Sri.Somashekar T., learned counsel for respondent Nos.2 and 3 are permitted to file memo of appearance within ten days. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: