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2026 DAILYLAW 29934 (KAR)

SRI K C LINGEGOWDA v. THE STATE OF KARNATAKA

WP/20034/2026 · 2026-07-03

R Nataraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33297 WP No. 20034 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 20034 OF 2026 (LA-KIADB) BETWEEN: 1. SRI. K.C. LINGEGOWDA S/O. CHIKKA RANGEGOWDA, AGED ABOUT 65 YEARS, R/O. NO.623/1, 'CHIKKARANGEGOWDA NILAYA', 4TH 'A' CROSS, M.V. LAYOUT, HOSKOTE TOWN-562 114, BENGALURU RURAL DISTRICT. 2. SRI. K.C. MALLIKARJUNA, S/O. LATE CHIKKA RANGEGOWDA, AGED ABOUT 62 YEARS, R/O. NO.623/1, 'CHIKKARANGEGOWDA NILAYA', 4TH 'A' CROSS, M.V. LAYOUT, HOSKOTE TOWN-562 114, BENGALURU RURAL DISTRICT. …PETITIONERS (BY SRI. NARASIMHARAJU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU-560 001. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33297 WP No. 20034 of 2026 BENGALURU-560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.39, BHARATH SCOUTS AND GUIDES BUILDING, 4TH FLOOR, PALACE ROAD, BENGALURU-56 0001. …RESPONDENTS (BY SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1; SRI. P.V.CHANDRASHEKAR, 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 BEARING NO.BENGALURU/VI.BHU.SWA.A-2/2017-18 DATED 17.11.2017 PASSED BY THE 3RD RESPONDENT IN RESPECT OF THE PROPERTY BEARING SY.NO.38/3 MEASURING TO AN EXTENT OF 1 ACRE 0-15 GUNTAS SITUATED AT AADINARAYANA HOSAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT IN SO FAR AS THE PETITIONERS ARE CONCERNED AS PER 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 petitioners have challenged the general award bearing No.Bengaluru/VI.BHU.SWA.A-2/2017-18 dated 17.11.2017, passed by respondent No.3. They have also sought for a writ in the nature of mandamus to direct respondents' - 3 - HC-KAR NC: 2026:KHC:33297 WP No. 20034 of 2026 authority to consider their case 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' for short). 2. The petitioners claim that they are the owners of the land bearing Sy.No.38/3, measuring 1 acre 15 guntas situate at Adinarayana Hosahalli Village, Kasaba Hobli, Doddaballapura Taluk, Bengaluru Rural District, which was proposed for acquisition for formation of industrial layout vide preliminary notification dated 14.06.2013 under Section 1(3) of the KIAD Act, followed by a final notification dated 30.01.2015. It is contended that the Price Advisory Committee in its meeting held on 18.03.2016 have determined the compensation payable to those who consent for an award at Rs.50,00,000/- per acre. They claim that the respondent Nos.2 and 3 have utilized their land without paying the compensation. However, it is further contended that the respondent - KIADB without considering the revenue records straight away passed the general award bearing Bengaluru/VI.BHU.SWA.A-2/2017-18 dated 17.11.2017 - 4 - HC-KAR NC: 2026:KHC:33297 WP No. 20034 of 2026 and deposited the compensation amount before the competent Court. They claim that the respondent No.2 be directed to allot developed land instead of compensation in cash. The petitioners are 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 direction be issued to pass an award by consent and grant developed land in the same layout. 3. Learned counsel for the petitioners submits that the respondent No.3 ought to have issued notice as mandated under Section 28(2) of the KIAD Act. However, without issuing notice and without giving an opportunity of being heard, respondent No.3 passed the general award and therefore, the petitioners being the lawful owners of the acquired land, are 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.36193/2024 filed by the landloser, a Coordinate Bench of this Court has considered the prayer of the petitioner therein for grant of developed land in lieu of compensation and vide order dated 25.09.2024, was pleased to order to grant the developed land in lieu of compensation. - 5 - HC-KAR NC: 2026:KHC:33297 WP No. 20034 of 2026 4. The learned counsel appearing for respondent Nos.2 and 3 does not dispute that developed industrial land can be allotted in lieu of monetary compensation. However, he submits that the petitioners' representation dated 14.03.2026 will be 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.Bengaluru/VI.BHU.SWA.A-2/2017-18 dated 17.11.2017, passed by respondent No.3 in respect of Sy.No.38/3, measuring 1 acre 15 guntas situate at Aadinarayana Hosahalli Village, Kasaba Hobli, Doddaballapura 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 - 6 - HC-KAR NC: 2026:KHC:33297 WP No. 20034 of 2026 receive 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 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 No.Bengaluru/VI.BHU.SWA.A-2/2017-18 dated 17.11.2017. (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 - 7 - HC-KAR NC: 2026:KHC:33297 WP No. 20034 of 2026 shall take appropriate action but in accordance with law and after notifying the petitioners. 6. Learned Additional Government Advocate for respondent No.1 and Sri. P.V.Chandrashekar, learned counsel for respondent Nos.2 and 3 are permitted to file memo of appearance and Vakalath respectively within ten days. 7. In view of disposal of main petition, pending interlocutory applications, if any do not survive for consideration and same stand rejected. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 23