Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:34692 WP No. 20733 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. 20733 OF 2026 (LA-KIADB)
BETWEEN:
SMT. KEMPAMMA D/O LATE MUNISHAMAPPA AGED ABOUT 79 YEARS KURUGAL VILLAGE VEMAGAL HOBLI KOLARA TALUK - 563 101. …PETITIONER (BY SRI. RAGHAVENDRA GOWDA K., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BANGALORE - 560 001.
REPRESENTATED BY ITS SECRETARY.
2.
THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIZA BHAVAN BANGALORE - 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER.
3.
THE SPECIAL LAND ACQUISITION OFFICER HEAD OFFICE, KIADB NO.14/1, ARAVINDA BHAVAN
Digitally signed by HEMALATHA J Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:34692 WP No. 20733 of 2026
1ST FLOOR, NRUPATHUNGA ROAD BENGALURU - 560 001. …RESPONDENTS (BY SMT. POOJA M. KOORSE, HCGP FOR R1;
SRI. D. BOREGOWDA, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD BEARING NO.KIADB/LAQ/ 1524/2013-14 DTD. 30.12.2013 VIDE ANNX-A PERTAINING TO PETITIONER LAND BEARING SY NO.44 MEASURING TO AN EXTENT OF 33 GUNTAS IN KURUGAL VILLAGE, VEMAGAL HOBLI, KOLAR TALUK AND KOLAR DISTRICT, PASSED BY THE R3 INSOFAR 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.KIADB/LAQ/ 1524/2013-14 dated 30.12.2013 passed by the respondent No.3, in respect of the land in Sy.No.44, measuring 33 guntas, situated at Kurugal Village, Vemagal Hobli, Kolar Taluk, Kolar District. The petitioner has also sought for a writ in the nature of mandamus to direct the respondent No.3 to consider her case for grant of developed land in lieu of compensation in cash
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HC-KAR NC: 2026:KHC:34692 WP No. 20733 of 2026
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'). 2. The petitioner claims that she is the owner of land bearing Sy.No.44, measuring 33 guntas, situated at Kurugal Village, Vemagal Hobli, Kolar Taluk, Kolar District, which was proposed for acquisition for formation of Industrial Layout vide Preliminary Notification dated 06.07.2010 under Section 28(1) of the KIAD Act, followed by a Final Notification dated
09.09.2011. It is contended that the Price Advisory Committee in its 321st meeting held on 27.12.2013 have determined the compensation payable to those who consent for an award at Rs.30,00,000/- per acre. The petitioner claims that the respondent Nos.2 and 3 have utilized her land without paying the compensation. However, it is further contended that the respondent - KIADB without considering the revenue records and without verifying the genuineness of the objections filed by some interloper, straight away passed the General Award bearing No.KIADB/LAQ/1524/2013-14 dated 30.12.2013 and deposited the compensation amount before the competent Court. The petitioner claims that the State Government has
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HC-KAR NC: 2026:KHC:34692 WP No. 20733 of 2026
issued a Government Order dated 23.02.2021 in terms of which, it has directed respondent No.2 to allot 10,781 sq.ft. per acre of developed land instead of compensation in cash. The petitioner therefore claims that the general award passed by respondent No.3 is not beneficial to her and hence, prays that the same be quashed and a direction be issued to pass an award by consent and grant 10,781 sq.ft. per acre developed land in the same layout. 3.
Learned counsel for the petitioner submits that the compensation was earlier determined through a consent agreement entered into between the petitioner and the State under Section 29(2) of the KIAD Act. However, the respondent No.3 entertained objections of an interloper and passed the impugned general award on 30.12.2013, which could not have been done once a consent award was agreed upon. He further submits that as per the Government Order dated 23.02.2021 the extent of developed land is increased to 10,781 sq. ft. per acre, and therefore, the petitioner being the lawful owner of the acquired land, is entitled to allotment of developed land in the industrial layout formed by respondent-KIADB. He further
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HC-KAR NC: 2026:KHC:34692 WP No. 20733 of 2026
submits that in similar
facts and circumstances in W.P.No.21363/2025 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 30.10.2025, was pleased to order to grant the developed land in lieu of compensation under Section 29(2) of the KIAD Act.
4. Learned counsel appearing for respondent Nos.2 and 3 does not dispute the Government Order dated 23.02.2021, by which developed industrial land of 10,781 sq.ft. per acre is allotted, in lieu of monetary compensation. However, he submits that if the petitioner submits an appropriate representation, the same will be duly 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.KIADB/LAQ/1524/2013-14, dated 30.12.2013
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HC-KAR NC: 2026:KHC:34692 WP No. 20733 of 2026
passed by the respondent No.3, in respect of the land in Sy.No.44, measuring 33 guntas situated at Kurugal Village, Vemagal Hobli, Kolar Taluk, Kolar District, insofar as petitioner's land is concerned, is hereby quashed. (iii) The petitioner is granted liberty to submit a fresh representation to respondent - KIADB, expressing consent for an Award and agree to receive 10,781 sq.ft. per acre 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 in terms of Government
Order dated 23.02.2021 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
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HC-KAR NC: 2026:KHC:34692 WP No. 20733 of 2026
competent Civil Court pursuant to the General Award dated 30.12.2013. (vi) In the event, if there is no consensus arrived for grant of developed land or if there are any unresolved objections, the general award bearing No.KIADB/LAQ/1524/2013-14 shall stand revived and the petitioner shall be entitiled to seek reference under section 18, 30 and 31 of the Land Acquisition Act, 1894.
Learned High Court Government Pleader for respondent No.1 and Sri.D.Boregowda, learned counsel for respondent Nos.2 and 3 are permitted to file memo of appearance within ten days.
Sd/- (R. NATARAJ) JUDGE
DL List No.: 1 Sl No.: 26