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2026 DAILYLAW 27506 (KAR)

SMT NEELAMMA v. THE STATE OF KARNATAKA

WP/18173/2026 · 2026-06-19

R Nataraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30297 WP No. 18173 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 18173 OF 2026 (LA-KIADB) BETWEEN: 1. SMT. NEELAMMA W/O. BASAVEGOWDA AGED ABOUT 81 YEARS, RESIDING AT CHEELUR VILLAGE, KANAKAPURA RAMANAGAR, KARNATAKA-562112 2. SRI. B. BASAVEGOWDA S/O BASAVEGOWDA AGED ABOUT 56 YEARS, RESIDING AT CHEELUR VILLAGE, KANAKAPURA RAMANAGAR, KARNATAKA-562112 3. SRI. KUMAR S/O BASAVEGOWDA AGED ABOUT 46 YEARS, RESIDING AT CHEELUR VILLAGE, KANAKAPURA RAMANAGAR, KARNATAKA-562112 4. SRI. SHIVAKUMAR S/O BASAVEGOWDA AGED ABOUT 46 YEARS, RESIDING AT CHEELUR VILLAGE, MARAKAWADI HOBLI, KANAKAPURA RAMANAGAR, KARNATAKA-562112 5. SRI. YOGESH B S/O BASAVEGOWDA AGED ABOUT 45 YEARS, RESIDING AT CHEELUR VILLAGE, Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30297 WP No. 18173 of 2026 MARAKAWADI HOBLI, KANAKAPURA RAMANAGAR, KARNATAKA-562112 6. SRI. YADURAJA S/O BASAVEGOWDA AGED ABOUT 41 YEARS, RESIDING AT CHEELUR VILLAGE, KANAKAPURA RAMANAGAR, KARNATAKA-562112 …PETITIONERS (BY SRI. SUHAS S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BANGALORE-560 001 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 ACQUISITION OFFICER-1 THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO. 14/1, ARAVINDA BHAVAN 1ST FLOOR, NRUPATHUNGA ROAD BENGALURU-560 001 …RESPONDENTS (BY SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SRI. H.L.PRADEEP KUMAR, ADVOCATE FOR RESPONDENT NOS.2 AND 3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD - 3 - HC-KAR NC: 2026:KHC:30297 WP No. 18173 of 2026 BEARING NO.KIADBLAQ-2013-4 DATED 30.12.2023 VIDE ANNEXURE-AQ ISSUED BY RESPONDENT NOS.2 AND 3 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 petitioners have sought for a writ in the nature of certiorari to quash the general award bearing No.KIADB/LAQ/2013-14 dated 30.12.2013 issued by respondent Nos.2 and 3. They have also sought for a writ in the nature of mandamus to direct the respondents to consider the case of the petitioners for consent award as per Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (henceforth referred to as 'the KIAD Act'). 2. The petitioners claim that their grandfather is the owner of Sy.No.353 of Cheeluru Village, Maralawadi Hobli, Harohalli Taluk, Ramanagara District, which was proposed for acquisition under Section 28(1) of the KIAD Act, by issuing a preliminary notification dated 25.10.2006, followed by a final notification dated 02.02.2010. The petitioners claim that a general award was passed on 30.12.2013 after nearly 03 years - 4 - HC-KAR NC: 2026:KHC:30297 WP No. 18173 of 2026 from the date of the final notification. They contends that they were not given an opportunity to enter into agree for a consent award under Section 29(2) of the KIAD Act. The petitioners are therefore before this Court seeking for the aforesaid reliefs. 3. (i) The learned counsel for the petitioners submits that the respondent No.2 has entered into consent awards with various other land losers and the opportunity for the petitioners to enter into a similar agreement is deprived by virtue of the general award passed. He therefore prays that the impugned general award be set aside and the petitioners be granted an opportunity to enter into a consent agreement with the respondent No.2 to pass an award under Section 29(2) of the KIAD Act. (ii) Learned counsel for the petitioner submits that in similar circumstances, several writ petitions are disposed of by this Court including the one in W.P.No.28477/2025. 4. The learned counsel for the respondent No.2 does not dispute that after nearly 03 years from the date of final notification, a general award was passed on 30.12.2013 and - 5 - HC-KAR NC: 2026:KHC:30297 WP No. 18173 of 2026 the petitioners were not given an opportunity to indicate their consent for an award under Section 29(2) of the KIAD Act. 5. In that view of the matter, the general award bearing No.KIADB/LAQ/2013-14 dated 30.12.2013 is quashed. The respondent No.2 shall now proceed to determine the compensation payable under Section 29(2) of the KIAD Act. This shall be complied within a period of two months from the date of receipt of a certified copy of this order. Any amount deposited by the respondent No.3 before the Civil Court shall be refunded to the respondent No.3. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 29