Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010240992026 NC: 2026:KHC:37122 WP No. 11949 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 11949 OF 2026 (LA-KIADB) BETWEEN:
SRI. VENKATESH S/O LATE H. CHIKKAMUNIYAPPA AGED ABOUT 62 YEARS R/O 'MATHRUSHREE NILAYA', S. NARAYANACHAR LAYOUT SHANTHINAGAR, DEVANAHALLI TOWN, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562110 …PETITIONER (BY SRI. ASHWIN KUMAR H., ADVOCATE FOR SMT. VAISHNAVI S., ADVOCATE) AND:
1.
STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA, BENGALURU-560001
2.
THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD BHARATHIA SCOUTS AND GUIDES BUILDING, SHANTHI GRUHA, BESIDE MAHARANI COLLEGE, PALACE ROAD, BENGALURU - 560001 …RESPONDENTS (BY SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1;
SRI. H.L.PRADEEP KUMAR, ADVOCATE FOR RESPONDENT NO.2)
Digitally signed by HEMALATHA J Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010240992026 NC: 2026:KHC:37122 WP No. 11949 of 2026
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPORT ISSUED BY THE TAHSILDAR BEARING NO.LQ/CR:30/2024-25 DATED 30.06.2025 PRODUCED AS ANNEXURE-K, AND TO DISBURSE THE COMPENSATION AMOUNT TOWARDS THE ACQUISITION OF THE INHERITED LAND, IN ACCORDANCE WITH THE SURVEY MAP PRODUCED AS ANNEXURE-M AND THE COMMUNICATION ISSUED BY ADLR DATED 23.02.2026 PRODUCED AS ANNEXURE-L AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP , 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 mandamus to direct the respondent No.2 to consider a report of the Tahsildar bearing No.LQ/CR:30/2024-25 dated 30.06.2025 and to disburse the compensation in respect of the land bearing Sy.No.37 of Haraluru Village, Channarayapattana Hobli, Devanahalli Taluk. He has also sought for a writ in the nature of mandamus to direct the respondent No.2 to comply the order dated 23.11.2021 passed by this Court in W.P.No.20462/2021 and the communication of the Assistant
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HC-KAR
CNR: KAHC010240992026 NC: 2026:KHC:37122 WP No. 11949 of 2026
Director of Land Records (henceforth referred to as 'ADLR') dated 23.02.2026. 2. (i) The petitioner claims that he inherited the land measuring 6 acres in Sy.No.37 of Haraluru Village from his father. He thereafter approached the Tahsildar to enter his name based on such inheritance. In the meanwhile, a preliminary notification was issued by the respondent No.1 under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (henceforth referred to as ‘the KIAD Act’) and a final notification under Section 28(4) of the KIAD Act, to acquire land in Sy.No.37 of Haraluru Village. (ii) A notice under Section 29(2) of the KIAD Act was issued on 26.08.2019 determining the compensation payable as determined by the Price Advisory Committee and the petitioner was called upon to furnish relevant documents. The petitioner claims that he furnished all the documents sought for. When he approached the respondent No.2 for disbursal of the compensation, the respondent No.2 took steps to pass a general award. The petitioner claims that he approached this Court in W.P.No.20462/2021 for a direction to consider his
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HC-KAR
CNR: KAHC010240992026 NC: 2026:KHC:37122 WP No. 11949 of 2026
request for release of the compensation and that the said writ petition was disposed of directing the respondent No.2 to consider the representation and pass an appropriate order. (iii) The petitioner alleges that the respondent No.2 has failed to consider his representation. He contends that the Tahsildar, who was sitting over his request for entering his name in the revenue records, submitted a report on 30.06.2025 affirming the genuineness of the title of the petitioner followed by a letter of the ADLR , Devanahalli Taluk dated 23.02.2026, whereby the title of the petitioner was confirmed.
The petitioner therefore contends that in view of the report of the Tahsildar as well as the ADLR and the direction issued by this Court in W.P.No.20462/2021, the respondent No.2 is bound to disburse the compensation as determined by the Price Advisory Committee. 2. The learned counsel for the petitioner reiterated the above submissions. 3. The learned counsel for the respondent No.2 on the other hand submitted that after the present writ petition was
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HC-KAR
CNR: KAHC010240992026 NC: 2026:KHC:37122 WP No. 11949 of 2026
filed, a notice under Sections 9 and 10 of the Land Acquisition Act, 1894 (henceforth referred to as ‘the Act, 1894’) was issued to the petitioner calling upon him to furnish documents of title. He submits that if the petitioner has produced documents and established his title, the respondent No.2 would either consider the same and if there are no objections from any quarters, the respondent No.2 would pass a consent award if the petitioner consents to the acquisition or conduct an enquiry as prescribed under Section 11 of the Act, 1894 or refer the dispute to the Civil Court and deposit the compensation, if it cannot be resolved by the respondent No.2. 4. The learned counsel for the respondent No.2 has not disputed the fact of the compensation determined by the Price Advisory Committee headed by the Deputy Commissioner of the District. However, it appears that since the name of the petitioner was not entered in the revenue records, the respondent No.2, in order to verify whether there are any third- party claims, has proposed to pass a general award by issuing a notice under Sections 9 and 10 of the Act, 1894. Now that the
learned counsel for the respondent No.2 submits that if there
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HC-KAR
CNR: KAHC010240992026 NC: 2026:KHC:37122 WP No. 11949 of 2026
are no other rival claims in respect of the land acquired, the respondent No.2 would verify the title of the petitioner and pass appropriate orders either to pass a consent award or to pass a general award, this writ petition deserves to be disposed of on the following terms:
ORDER i. The writ petition is allowed in part; ii. The respondent No.2 is directed to proceed with the enquiry, as prescribed under Section 11 of the Act, 1894 and if the petitioner's title is not disputed or no rival claimant makes any claim for compensation, respondent No.2 shall pass a consent award determining the compensation payable to the petitioner at such rates as recommended by the price advisory committee. In case, there is any rival claimant or any rival claim, the respondent No.2 shall, if possible, determine the same as provided under Section 11 of the KIAD Act and plan a general award and refer the same before the Civil Court under Sections 30 and
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HC-KAR
CNR: KAHC010240992026 NC: 2026:KHC:37122 WP No. 11949 of 2026
31 of the Land Acquisition Act, 1894 and deposit the compensation that may be determined. iii. This shall be complied within a period of three months from the date of receipt of a copy of this
order.
Sd/- (R. NATARAJ) JUDGE
BKN List No.: 1 Sl No.: 11