Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:34951 WP No. 20983 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 20983 OF 2026 (LA-KIADB)
BETWEEN:
1.
SMT. LAKSHMAMMA W/O LATE H D DASAPPA AGED ABOUT 82 YEARS
2. NAGARATHNAMMA D/O LATE H D DASAPPA AGED ABOUT 59 YEARS.
3. MANJULA D/O LATE H D DASAPPA AGED ABOUT 58 YEARS.
4.
UMA D D/O LATE H D DASAPPA AGED ABOUT 51 YEARS.
5.
D SARASWATHI D/O LATE H D DASAPPA AGED ABOUT 47 YEARS.
6. MUNIRATHNAMMA D/O LATE H D DASAPPA AGED ABOUT 46 YEARS.
7. SAVITHRI D/O LATE H D DASAPPA AGED ABOUT 44 YEARS.
ALL ARE RESIDING AT
Digitally signed by HEMALATHA J Location:
HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:34951 WP No. 20983 of 2026
NO.54, 2ND MAIN, HEBBALA GRAMATHANA, BENGALURU NORTH TALUK, HA FARM POST-560024. …PETITIONERS (BY SRI. RAGHAVENDRA GOWDA K.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE & INDUSTRIES VIKASA SOUDHA, BANGALORE-560001.
REPRESENTED BY ITS SECRETARY.
2.
THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIZA BHAVAN, BANGALORE-560001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER
3.
THE SPECIAL LAND ACQUISITION OFFICER (KRIDE) HEAD OFFICE, KIADB NO.14/1, ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560001. …RESPONDENTS (BY SMT. POOJA M KOORSE, HCGP FOR R1;
SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 & R3)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE UNDATED GENERAL AWARD BEARING NO. KIADB/ KRIDE/ ACQ/ C2/ R/ 10/ 8/ 0/ HEBBALA/1/2025-26 PERTAINING TO PETITIONERS LAND MEASURING AN EXTENT OF 192.78 SQMTS, IN SY. NO 98/2,
- 3 -
HC-KAR NC: 2026:KHC:34951 WP No. 20983 of 2026
OF HEBBALA VILLAGE, KASABA HOBLI, BANGALORE NORTH TALUK VIDE ANNEXURE-A IN SO FAR AS PETITIONERS ARE CONCERNED PASSED BY THE THIRD RESPONDENT.
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. KIADB / KRIDE / BHUSWA / C2 / R / 10 / 8/ 0/ HEBBAL/1/2025-26 dated 10.09.2025 passed by respondent No.3. They have also sought for a writ in the nature of mandamus to direct respondents to consider their case 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.98/2 totally measuring 538.25 square meters situate at Hebbala Village, Kasaba Hobli, Bengaluru North Taluk, out of which 192.78 square meters was proposed for acquisition for formation of industrial layout vide preliminary notification dated 07.11.2024 under Section 28(1) of the KIAD
- 4 -
HC-KAR NC: 2026:KHC:34951 WP No. 20983 of 2026
Act, followed by a final notification dated 07.01.2025. The petitioners contended that the respondent - KIADB without considering the revenue records straight away passed the general award dated 10.09.2025 and deposited the compensation amount before the competent Court. They claim that respondents have not issued any notice regarding taking possession and payment of compensation and passed the impugned general award. 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 direction be issued to pass an award by consent as provided under Section 29(2) of the KIAD Act.
3.
Learned counsel for the petitioners submits that the respondent No.3 ought to have issued notice as mandated under Sections 9 and 10 of the Land Acquisition Act, 1894. However, without issuing notice and without giving an opportunity of being heard as provided under Section 29(2) of the KIAD Act, respondent No.3 passed the general award and therefore, the petitioners being the lawful owners of the acquired land, are entitled to give their consent under Section 29(2) of KIAD Act before passing the general award. He further
- 5 -
HC-KAR NC: 2026:KHC:34951 WP No. 20983 of 2026
submits that in similar
facts and circumstances in W.P.No.15886/2025 filed by the landloser, a Coordinate Bench of this Court vide order dated 01.07.2025, was pleased to direct respondent No.3 (SLAO) to consider the claim of the petitioners under Section 29(2) of the KIAD Act.
4. The learned counsel appearing for respondent Nos.2 and 3 does not dispute the above order passed by the Co- ordinate Bench of this Court and submits that if a representation is filed, the claim of the petitioners would be considered as per Section 29(2) of the KIAD Act and 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 KIADB/ KRIDE/BHUSWA/C2/R/10/8/0/HEBBAL/1/2025- 26 dated 10.09.2025 passed by respondent No.3 in respect of Sy.No.98/2, measuring 192.78
- 6 -
HC-KAR NC: 2026:KHC:34951 WP No. 20983 of 2026
square meters situate at Hebbala Village, Kasaba Hobli, Bengaluru North Taluk is hereby quashed.
(iii) The petitioners are granted liberty to submit a representation to respondent - KIADB, expressing consent for an award 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 petitioners.
(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.KIADB/KRIDE/BHUSWA/C2/R/10/8/0/HEBBAL /1/2025-26 dated 10.09.2025.
- 7 -
HC-KAR NC: 2026:KHC:34951 WP No. 20983 of 2026
(vi) In the event, if there are any unresolved objections, respondent Nos.2 and 3 shall take appropriate action but in accordance with law and after notifying the petitioners.
6. Learned High Court Government Pleader 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.: 22