- 1 - HC-KAR NC: 2026:KHC:34527 WP No. 20524 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 20524 OF 2026 (LA-KIADB) BETWEEN: SRI. KRISHNAPPA S/O LATE SEENAPPA, AGED ABOUT 47 YEARS, NO.8, 1ST CROSS ROAD, 1ST MAIN ROAD, BANGALORE NORTH, BANGALORE-560075. …PETITIONER (BY SRI. RAGHAVENDRA GOWDA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND 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 HEAD OFFICE, KIADB NO.14/1, ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560001. RESPONDENTS Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34527 WP No. 20524 of 2026 (BY SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1; SMT. LATHA S.S., ADVOCATE FOR RESPONDENT NOS.2 AND 3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE GENERAL AWARD BEARING NO.KIADB/LAQ/138/2025-26 DATED 08.05.2025 VIDE ANNEXURE-A PERTAINING TO PETITIONER LAND SY.NO.65/1, 65/2 AND 65/3 OF BHAVANAHALLI VILLAGE TO AN EXTENT OF 5 ACRES 25 GUNTAS OF LAND PASSED BY THE THIRD RESPONDENT IN SO FAR AS PETITIONER IS CONCERNED 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 petitioner has sought for a writ in the nature of certiorari to quash the general award bearing No.PÉLJ r©:J¯ï.J.PÀÆå.138:2025-2026 dated 08.05.2025 passed by the respondent No.3 pertaining to the land bearing Sy. Nos.65/1, - 3 - HC-KAR NC: 2026:KHC:34527 WP No. 20524 of 2026 65/2 and 65/3 of Bhavanahalli village, Malur Taluk, Kolar District, measuring 05 Acres 25 guntas and direct the respondents to consider the case of the petitioner under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (henceforth referred to as 'KIAD Act') in respect of the aforesaid land. 2(i). The petitioner claims to be the owner of the property bearing Sy. Nos.65/1, 65/2 and 65/3 of Bhavanahalli Village, Malur Taluk, Kolar District, measuring 05 Acres 25 guntas, having purchased it in terms of a sale deed and khata was effected in his name vide MR-T47/2014-15 and he is in continuous possession of the land since then. It is stated that on 02.12.2020, the respondents have issued preliminary notification under Section 28(1) of the KIAD Act, notifying the above land along with other lands for the purpose of formation of an industrial area. Thereafter, on 02.06.2022, a final notification was issued under Section 28(4) of the KIAD Act by the respondent No.1. (ii). He further claims that after issuance of the final notification on 02.06.2022, the respondent No.2 issued notice - 4 - HC-KAR NC: 2026:KHC:34527 WP No. 20524 of 2026 to the land owners under Sections 9 and 10 of the Land Acquisition Act, 1894 (for short, 'the L.A Act') and Section 29(2) of the KIAD Act and on the ground that there was a pending dispute with regard to the acquired property, the respondent No.3 has thereafter passed the impugned general award dated 08.05.2025. The petitioner contends that Section 29 of the KIAD Act mandates that the land owner has to be called upon to enter into consent agreement for grant of compensation and in case such an agreement is not reached, then the respondents should pass general award. The petitioner contends that the respondents have not followed the procedure contemplated under KIAD Act and the L.A. Act while passing the general award. He further contends that in the instant case, the respondents did not call upon the petitioner to enter into consent agreement. Since there was a pending dispute with regard to the acquired property, the respondent No.3 - Special Land Acquisition Officer straightaway passed the general award. Now, the pending dispute has been resolved and the petitioner is ready to accept the developed land as per the Government Order. It is stated that this Court in W.P. No.15886/2025 while dealing with a similar question, passed an - 5 - HC-KAR NC: 2026:KHC:34527 WP No. 20524 of 2026 order dated 01.07.2025 quashing the general award passed by the KIADB under Section 29(3) of the KIAD Act and directing the respondent No.3 herein to consider the case of the petitioners therein under Section 29(2) of the KIAD Act. (iii). The petitioner contends that the action of the respondents in passing the award after a lapse of five years from the date of the preliminary notification is arbitrary and is in violation of the right guaranteed under the Constitution of India. The petitioner is, therefore, before this Court seeking the aforesaid reliefs. 3. The learned counsel for the petitioner reiterated the above contentions. 4. The learned counsel for the respondent Nos.2 and 3 does not dispute the fact that the beneficiary of the acquisition had constituted a Committee for determination of the price of the acquired land and that higher compensation is determined to those land losers who consent to the acquisition. 5. In that view of the matter, it is appropriate that the impugned general award is set at nought and a direction is - 6 - HC-KAR NC: 2026:KHC:34527 WP No. 20524 of 2026 issued to respondent No.3 to pass a consent award under Section 29(2) of the KIAD Act. 6. In view of the above, the petition is allowed. The impugned general award bearing No.PÉLJr©:J¯ï.J.PÀÆå.138:2025- 2026 dated 08.05.2025 passed by the respondent No.3 in respect of the land bearing Sy. Nos.65/1, 65/2 and 65/3 of Bhavanahalli village, Malur Taluk, Kolar District, measuring 05 Acres 25 guntas is quashed. The respondent No.3 is directed to pass a consent award under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 within a period of three months from the date of receipt of a certified copy of this order. If there are any rival claimants or if it is difficult to ascertain as to who has to consent to the award, then the general award bearing No.PÉLJr©:J¯ï.J.PÀÆå.138:2025-2026 dated 08.05.2025 shall stand restored. 7. It is needless to mention that the respondent No.3 is at liberty to withdraw the amount deposited before the Civil Court as per the general award bearing No.PÉLJ r©:J¯ï.J.PÀÆå.138:2025-2026 dated 08.05.2025 - 7 - HC-KAR NC: 2026:KHC:34527 WP No. 20524 of 2026 8. Learned High Court Government Pleader for respondent No.1 and learned counsel for respondent Nos.2 and 3 are permitted to file their respective memo of appearance within 10 days from today. Sd/- (R. NATARAJ) JUDGE SMA/List No.: 1 Sl No.: 44