Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010542572026 NC: 2026:KHC:41973 WP No. 24476 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 24476 OF 2026 (LA-KIADB) BETWEEN:
1. SRI.KRISHNAPPA S/O. LATE NANJUNDAPPA, AGE ABOUT 73 YEARS, R/AT. NO14, OBADENAHALLI, DODDABALLAPURA TALUK, BENGALURU RURAL-561203,
2.
SRI. KRISHNAPPA @ SHETTAPPA S/O. LATE NANJUNDAPPA, AGE ABOUT 63 YEARS, R/AT. NO.33, JP NAGAR, PALANJOGIHALLI, BANGALORE RURAL, DODDABALLAPURA TALUK-561203,
3.
SMT. RATHNAMMA W/O. KRISHNAPPA AGE ABOUT 59 YEARS, R/AT. NO8/124 INSPECTOR RAMAIAH STREET, BANGLA SCHOOL ROAD, NEW STREET YELAHANKA, BANGALORE NORTH, BENGALURU-560064
4.
SRI. JAYANNA, S/O. LATE NANJUNDAPPA, AGE ABOUT 52 YEARS, R/AT. NO.3-7 B B ROAD, INSPECTOR RAMAIAH STREET, BANGLA SCHOOL ROAD, NEW STREET YELAHANKA, BANGALORE NORTH, BENGALURU-560064.
Digitally signed by HEMALATHA J Location:
HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
CNR: KAHC010542572026 NC: 2026:KHC:41973 WP No. 24476 of 2026
5.
SMT. KANTHAKUMARI, D/O. LATE NANJUNDAPPA, AGE ABOUT 45 YEARS, R/AT. NO.8/124 INSPECTOR RAMAIAH STREET, BANGLA SCHOOL ROAD, NEW STREET YELAHANKA, BANGALORE NORTH, BENGALURU-560064 …PETITIONERS (BY SRI. SHARAN N.MAJAGE.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE-560 001.
2.
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560001.
3.
THE SPECIAL LAND ACQUISITION OFFICER-2 (BMICP), KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, 1ST FLOOR, CFC BUILDING, MAHARSHI ARAVINDA BHAVAN, NRUPATUNGA ROAD, BANGALORE-560 001. …RESPONDENTS (BY SMT.POOJA M KOORSE, HCGP FOR R1;
SRI.H.L.PRADEEP KUMAR FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE GENERAL AWARD BEARING
- 3 -
HC-KAR
CNR: KAHC010542572026 NC: 2026:KHC:41973 WP No. 24476 of 2026
No.¨ÉAUÀ¼ÀÆgÀÄ/«¨sÀƸÁéC-2/C¥Á-3£Éà ºÀAvÀ/2013-14 DATED 10.07.2013 PASSED BY THE RESPONDENT NO.3 IN RESPECT OF LAND IN SY.NO.65 MEASURING 1 ACRE 38 GUNTAS, SITUATED AT OBADENAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, IN SO FAR AS THE PETITIONERS ARE CONCERNED, WHICH IS PRODUCED AS ANNEXURE-D AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER The petitioners have sought for a writ in the nature of certiorari to quash the general award bearing No.¨ÉAUÀ¼ÀÆgÀÄ/«¨sÀƸÁéC-2/C¥Á-3£Éà ºÀAvÀ/2013-14 dated 10.07.2013 passed by the respondent No.3 in respect of the land in Sy.No.65, measuring 1 acre 38 guntas, situate at Obadenahalli Village, Kasaba Hobli, Doddaballapura Taluk, Bengaluru Rural District. They have also sought for a writ in the nature of mandamus to direct the respondent No.3 to consider the case of the petitioners for grant of developed land in lieu of compensation in the industrial layout by passing a consent
- 4 -
HC-KAR
CNR: KAHC010542572026 NC: 2026:KHC:41973 WP No. 24476 of 2026
award under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (henceforth referred to as 'KIAD Act').
2. The petitioners claim that they are the owners of Sy.No.65, measuring 1 acre 38 guntas, situate at Obadenahalli Village, Kasaba Hobli, Doddaballapura Taluk, Bengaluru Rural District, which was proposed for acquisition for formation of industrial layout vide preliminary notification dated 07.05.2007 under Section 28(1) of the KIAD Act, followed by a final notification dated 24.04.2010. The petitioners claim that the respondent Nos.2 and 3 have utilized thier land without paying the compensation. However, it is further contended that the respondent - KIADB without considering the revenue records and without verifying the objections filed by some interloper, straight away passed the general award bearing No.¨ÉAUÀ¼ÀÆgÀÄ/«¨sÀƸÁéC-2/C¥Á-3£Éà ºÀAvÀ/2013-14 dated 10.07.2013 and deposited the compensation amount before the competent Court. The petitioners claim that the State Government has 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
- 5 -
HC-KAR
CNR: KAHC010542572026 NC: 2026:KHC:41973 WP No. 24476 of 2026
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 and grant 10,781 sq.ft. per acre developed land in the same layout.
3.
Learned counsel for the petitioners submits that the compensation was earlier determined through a consent agreement entered into between the petitioners 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 10.07.2013, 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 at Annexure-F, 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 submits that in similar
facts and circumstances in W.P.No.37375/2025 filed by the land loser, a Co-ordinate Bench of this Court has considered the prayer of
- 6 -
HC-KAR
CNR: KAHC010542572026 NC: 2026:KHC:41973 WP No. 24476 of 2026
the petitioner therein for grant of developed land in lieu of compensation and vide order dated 15.12.2025, 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 petitioners submit 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.
¨ÉAUÀ¼ÀÆgÀÄ/«¨sÀƸÁéC-2/C¥Á-3£Éà ºÀAvÀ/2013-14 dated 10.07.2013 passed by the respondent No.3 in
- 7 -
HC-KAR
CNR: KAHC010542572026 NC: 2026:KHC:41973 WP No. 24476 of 2026
respect of the land in Sy.No.65, measuring 1 acre 38 guntas, situate at Obadenahalli 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 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 petitioners;
- 8 -
HC-KAR
CNR: KAHC010542572026 NC: 2026:KHC:41973 WP No. 24476 of 2026
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.¨ÉAUÀ¼ÀÆgÀÄ/«¨sÀƸÁéC-2/C¥Á-3£Éà ºÀAvÀ/2013-14 dated 10.07.2013; 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 shall take appropriate action but in accordance with law and after notifying the petitioners. Learned High Court Government Pleader for respondent No.1 and Sri.H.L.Pradeep Kumar,
learned counsel for respondent Nos.2 and 3 are permitted to file memo of appearance within ten days.
Sd/- (R. NATARAJ) JUDGE
BKN List No.: 1 Sl No.: 25