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2026 DAILYLAW 29344 (KAR)

SRI ANJINAPPA v. THE STATE OF KARNATAKA

WP/20563/2026 · 2026-07-09

R Nataraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34599 WP No. 20563 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 20563 OF 2026 (LA-KIADB) BETWEEN: SRI ANJINAPPA S/O LATE MUNIYAPPA AGED ABOUT 45 YEARS RESIDENT OF OF BYRADENAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. …PETITIONER (BY SRI. R RAMESH BABU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE 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, (METRO) KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, MAHARSHI ARAVINDA BHAVAN, Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34599 WP No. 20563 of 2026 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001. REPRESENTED SLAO (METRO) …RESPONDENTS (BY SRI.ADITYA DIWAKAR, AGA R1 SRI.T SOMASHEKAR, ADVOCATE 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/LAQ 2272/2023-24, DATED 19-06-2023 PASSED BY THE RESPONDENT NO.3 IN RESPECT OF THE LAND IN SY. NO. 60, JMC BLOCK NO.19, MEASURING 1 ACRE SITUATED AT BYRADENAHALLI VILLAGE, HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, IN SO FAR AS THE PETITIONER IS CONCERNED, WHICH IS PRODUCED AS ANNEXURE-C. THIS PETITION, COMING ON FOR ORDERS, 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.PÉLJr©/J¯ïJPÀÆå/2272/2023-24 dated 19.06.2023 passed by the respondent No.3 in respect of the land bearing Sy.No.60, JMC Block No.19 situated at Byradenahalli Village, Byradenahalli Hobli, Devanahalli Taluk, Bengaluru Rural District, measuring 1 - 3 - HC-KAR NC: 2026:KHC:34599 WP No. 20563 of 2026 acre. He has also sought for a writ in the nature of mandamus to direct respondent No.3 to pass a consent award and grant 10,781 square feet of developed land in lieu of monetary compensation under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (henceforth referred to as 'the KIAD Act'). 2. (i) The petitioner contends that he is the owner of the aforesaid land, which was notified for acquisition by the respondent No.1 for the purposes of respondent No.2 in terms of a notification dated 09.06.2010 under Section 28(1) of the KIAD Act, followed by a final notification dated 25.05.2022. He contends that the price advisory committee of the respondent No.2 at its 382nd meeting held on 12.01.2023 determined the compensation payable for landowners who agreed to the acquisition at the rate of Rs.1,35,00,000/- per acre. (ii) He contends that the respondents Nos.2 and 3 have utilized the property belonging to the petitioner without paying compensation. He contends that the respondent No.3 has entertained the objections of an interloper and had straight away passed a general award and deposited the compensation - 4 - HC-KAR NC: 2026:KHC:34599 WP No. 20563 of 2026 before the reference Court vide award bearing No.PÉLJr©/J¯ïJPÀÆå/2272/2023-24 dated 19.06.2023. (iii) He contends that the respondent No.2 was facing criticism and opposition from the owners regarding acquisition of their lands for industrial purposes which resulted in the State Government recommending to the respondent No.2 to come out with a better proposal for granting compensation to the land losers. Accordingly, the respondent No.2 passed an order dated 13.07.2007 offering developed land to the owners, who lost their land for acquisition. (iv) Later, the State Government by an order dated 13.05.2008 modified the earlier order passed by respondent No.2 on 13.07.2007 and directed allotment of developed land of 9,583 square feet per acre. This was then modified by the respondent No.1 on 23.02.2021 in terms of which, the allotment of developed land was increased from 9,583 square feet to 10,781 square feet. The petitioner claims that he was not granted the benefit of opting for a consent award and he also submits that the developed land is better compensation - 5 - HC-KAR NC: 2026:KHC:34599 WP No. 20563 of 2026 than the monetary compensation determined by the price advisory committee at Rs.1,35,00,000/-. (v) He therefore prays that a consent award be passed and developed land of 10781 square feet be granted as compensation. He contends that in similar circumstances, various Co-ordinate Benches of this Court has granted the relief by quashing the general award and directing the respondent No.3 to pass a consent award. 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 no opportunity was granted to the petitioner to consent for an award under Section 29(2) of the KIAD Act. He also does not dispute that the State Government has now taken a policy decision to give away 10781 square feet of developed land as compensation to the land losers. 5. In view of the above, having regard to the fact that it is more beneficial to the petitioner to receive 10,781 square - 6 - HC-KAR NC: 2026:KHC:34599 WP No. 20563 of 2026 feet of land per acre as compensation instead of the monetary compensation awarded by the respondent No.3 in terms of a general award dated 19.06.2023, it is appropriate to set at nought the general award and direct the respondent No. 3 to pass a consent award under Section 29(2) of the KIAD Act. 6. Consequently, the following order is passed: ORDER i. The Writ Petition is allowed; ii. The impugned general award bearing No.PÉLJr©/J¯ïJPÀÆå/2272/2023-24 dated 19.06.2023 passed by the respondent No.3 in respect of the land bearing Sy.No.60, JMC Block No.19, measuring 1 acre, situated at Byradenahalli Village, Byradenahalli Hobli, Devanahalli Taluk, Bengaluru Rural District, is quashed. iii. The respondent No.3 is directed to pass a consent award under Section 29(2) of the KIAD Act and give away 10,781 square feet of developed land to the petitioner in the same industrial layout. - 7 - HC-KAR NC: 2026:KHC:34599 WP No. 20563 of 2026 iv. Any amount deposited by the respondent No.3 pursuant to the general award before the reference Court is permitted to be withdrawn. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 1