- 1 - HC-KAR CNR: KAHC010591662026 NC: 2026:KHC:46289 WP No. 26725 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 26725 OF 2026 (LA-KIADB) BETWEEN: SRI VENKATACHALA M R AGED ABOUT 40 YEARS, S/O. RAMANAYAKA, R/AT MINDAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT PIN-563130. …PETITIONER (BY SRI. UDAY K S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, DR. AMBEDKAR ROAD, BANGALORE 560 001, REPTD., BY ITS PRINCIPAL SECRETARY 2. THE KARNATAKA INDUSTRIAL DEVELOPMENT BOARD, NO.2, 2/1 AND 2/3, 1ST MAIN ROAD, KALIDASA MARGA, GANDHI NAGAR, Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010591662026 NC: 2026:KHC:46289 WP No. 26725 of 2026 BENGALURU-560001 REPTD., BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER 3. THE SPECIAL LAND ACQUISITION OFFICER THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.39, 4TH FLOOR, SHANTIGRUHA SCOUTS AND GUIDES BUILDING, PALACE ROAD, BANGALORE 560001 …RESPONDENTS (BY SRI.ADITYA DIWAKAR, AGA FOR R1; SRI.VASANTHA, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI/ORDER OF SIMILAR NATURE, QUASHING THE IMPUGNED GENERAL AWARD DATED 15/09/2020, BEARING KIADB.L.A.Q.707/2020-21, PASSED BY THE 3RD RESPONDENT ATANNEXURE-E 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 petitioner has sought for a writ in the nature of certiorari to quash the general award bearing - 3 - HC-KAR CNR: KAHC010591662026 NC: 2026:KHC:46289 WP No. 26725 of 2026 No.PÉLJr©:J¯ï.J.PÀÆå/707/2020-21 dated 15.09.2020 passed by the respondent No.3 in respect of the land bearing Sy.No.25/2 measuring 2 acres 21 guntas of Jakkasandra Village, Kasaba Hobli, Malur Taluk, Kolar District. He has also sought for a writ in the nature of mandamus to direct the respondents to consider the case of the petitioner for grant of developed lands in lieu of compensation as per the Government Order dated 23.02.2021, 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 father of the petitioner - Sri.Ramanayaka was the owner of land bearing Sy.No.25/2 measuring 2 acres 21 guntas of Jakkasandra Village, Kasaba Hobli, Malur Taluk, Kolar District, which was proposed for acquisition for formation of industrial layout vide preliminary notification dated 13.03.2012 under Section 28(1) of the KIAD Act, followed by a final notification dated 04.12.2012. It is contended that the Price fixation Committee for fixing of compensation payable to the farmers held on 02.03.2013 have determined the compensation payable to those who consent for - 4 - HC-KAR CNR: KAHC010591662026 NC: 2026:KHC:46289 WP No. 26725 of 2026 an award at Rs.35,00,000/- per acre. The petitioner claim that the respondent Nos.2 and 3 have utilized his land without paying the compensation. However, it is further contended that the respondent - KIADB without considering the revenue records and without assailing acquisition proceedings straightaway passed the general award bearing No.PÉLJr©:J¯ï.J.PÀÆå/707/2020-21 dated 15.09.2020 and deposited the compensation amount before the competent Court. The petitioner claims 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 petitioner therefore claims 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 petitioner submits that the respondent No.3 has not issued notices under Section 9 and 10 of the Land Acquisition Act, 1894 to the petitioner or his - 5 - HC-KAR CNR: KAHC010591662026 NC: 2026:KHC:46289 WP No. 26725 of 2026 mother. However, the respondent No.3 has passed the impugned general award on 15.09.2020, which could not have been done without giving an opportunity to the petitioner to agree for a consent agreement. 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.6814/2024 filed by the land loser, a Co-ordinate Bench of this Court has considered the prayer of the petitioners therein for grant of developed land in lieu of compensation and vide order dated 17.02.2025, 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. - 6 - HC-KAR CNR: KAHC010591662026 NC: 2026:KHC:46289 WP No. 26725 of 2026 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. PÉLJr©:J¯ï.J.PÀÆå/707/2020-21 dated 15.09.2020 passed by the respondent No.3 in respect of the land bearing Sy.No.25/2 measuring 2 acres 21 guntas of Jakkasandra Village, Kasaba Hobli, Malur Taluk, Kolar District, 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 - 7 - HC-KAR CNR: KAHC010591662026 NC: 2026:KHC:46289 WP No. 26725 of 2026 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 Civil Court pursuant to the general award bearing No.PÉLJr©:J¯ï.J.PÀÆå/707/2020-21 dated 15.09.2020; 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 petitioner; - 8 - HC-KAR CNR: KAHC010591662026 NC: 2026:KHC:46289 WP No. 26725 of 2026 Learned Additional Government Advocate for respondent No.1 and Sri.Vasantha, 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.: 1