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2026 DAILYLAW 38861 (KAR)

SRI KRISHNAIAH v. STATE OF KARNATAKA

WP/27912/2026 · 2026-09-03

R Nataraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010610982026 NC: 2026:KHC:48349 WP No. 27912 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 27912 OF 2026 (LA-KIADB) BETWEEN: SRI KRISHNAIAH S/O CHIKKACHANNAIAH, AGED ABOUT 69 YEARS, R/AT KENGAL KEMPOHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT-562111. …PETITIONER (BY SRI. YOGESH V. KOTIMATH, ADVOCAT FOR SRI. VIRUPAKSHAIAH P.H., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU-560001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD A GOVERNMENT OF KARNATAKA UNDERTAKING, NO.14/3, 2ND FLOOR, RP BUILDING, NRUPATHUNGA ROAD, BENGALURU-560001 REPRESENTED BY ITS JOINT DIRECTOR AND CHIEF EXECUTIVE OFFICER 3. THE SPECIAL LAND ACQUISITION OFFICER-III (BMICP) AND BENGALURU RURAL, NELAMANGALA TALUK, NO.14/3, 2ND FLOOR, RP BUILDING, Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010610982026 NC: 2026:KHC:48349 WP No. 27912 of 2026 NRUPATHUNGA ROAD, BENGALURU-560001. …RESPONDENTS (BY SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1; SRI. DILDAR SHIRALLI, ADVOCATE FOR RESPONDENT NO.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED GENERAL AWARD DATED 09.06.2015 VIDE ANNEXURE-C BEARING NO. KIADB/LAQ-2/650/2015-16 AND GENERAL AWARD DATED 09.06.2015 VIDE ANNEXURE-C1 BEARING NO.KIADB/LAQ- 2/648/2015-16 PASSED BY THE 3RD RESPONDENT AUTHORITY IN SO FAR AS IT RELATES TO THE LANDS OWNED BY THE PETITIONER BEARING SY.NO.14/2 MEASURING TO AN EXTENT OF 01 ACRE 18 GUNTAS AND SY.NO.15/3 MEASURING AN EXTENT OF 01 ACRE 06 GUNTAS SITUATED AT AVVERAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT 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 challenged the general awards bearing Nos.KIADB / LAQ - 2 / 650 / 2015-16 at Annexure - C and KIADB / LAQ - 2 / 648 / 2015-16 at Annexure - C1, dated 09.06.2015 passed by respondent No.3 in so far as lands owned by him in Sy.No.14/2, measuring 1 acre 18 guntas and - 3 - HC-KAR CNR: KAHC010610982026 NC: 2026:KHC:48349 WP No. 27912 of 2026 Sy.No.15/3 measuring 1 acre 6 guntas situate at Avverahalli, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District. He has also sought for a writ in the nature of mandamus to direct respondents to consider his case and pass a consent award under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (henceforth referred to as 'KIAD Act' for short). 2. The petitioner claims that he is the owner of the lands bearing Sy.No.14/2 measuring 1 acre 18 guntas and Sy.No.15/3 measuring 1 acre 6 guntas situate at Avverahalli, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District, which was proposed for acquisition for formation of industrial layout vide preliminary notification dated 08.12.2008 under Section 28(1) of the KIAD Act, followed by a final notification dated 27.05.2010. The respondent No.3 proceeded to issue notice under Section 28(6) of the KIAD Act and called upon the petitioner to handover possession of the land in question failing which action would be initiated to take possession as contemplated under Section 28(7) of the KIAD Act. The respondent No.3 without considering the materials on record - 4 - HC-KAR CNR: KAHC010610982026 NC: 2026:KHC:48349 WP No. 27912 of 2026 and even though there were no objections filed by the petitioner, proceeded to pass general awards dated 09.06.2025 and deposited the compensation amount before the competent Court. Petitioner claims that respondent Nos.2 and 3 have not called upon him to enter into a consent agreement as provided under Section 29(2) of the KIAD Act but the respondent No. 3 has passed the impugned general awards. The petitioner therefore claims that the general awards passed by respondent No.3 are not within his knowledge and not beneficial to him and hence, prays that the same be quashed and a direction be issued to pass an award by consent as provided under Section 29(2) of the KIAD Act. 3. Learned counsel for the petitioner submits that the respondent No.3 ought to have issued notice as mandated under Sections 9 and 10 of the Land Acquisition Act, 1894. However, without issuing notice and without giving an opportunity of being heard as provided under Section 29(2) of the KIAD Act, respondent No.3 passed the general award and therefore, the petitioner being the lawful owner of the acquired land, is entitled to give his consent under Section 29(2) of KIAD - 5 - HC-KAR CNR: KAHC010610982026 NC: 2026:KHC:48349 WP No. 27912 of 2026 Act before passing the general awards. He further submits that in similar facts and circumstances in W.P.No.20879/2026 filed by the landlosers, this Court vide order dated 10.07.2026, was pleased to direct respondent No.3 (SLAO) to consider the claim of the petitioners therein under Section 29(2) of the KIAD Act. He submits that the petitioner herein must be considered on par. 4. The learned counsel appearing for respondent Nos.2 and 3 does not dispute the above order passed by this Court and submits that if a representation is filed, the claim of the petitioner would be considered as per Section 29(2) of the KIAD Act and 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 awards bearing No. KIADB / LAQ - 2 / 650 / 2015-16 and KIADB / LAQ - 2 / 648 / 2015-16, dated 09.06.2015 - 6 - HC-KAR CNR: KAHC010610982026 NC: 2026:KHC:48349 WP No. 27912 of 2026 passed by respondent No.3 in so far as lands in Sy.No.14/2, measuring 1 acre 18 guntas and Sy.No.15/3 measuring 1 acre 6 guntas situate at Avverahalli, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District are hereby quashed. (iii) The petitioner is granted liberty to submit a representation to respondent - KIADB, expressing consent for an award 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 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 - 7 - HC-KAR CNR: KAHC010610982026 NC: 2026:KHC:48349 WP No. 27912 of 2026 Court pursuant to the general awards bearing Nos.KIADB / LAQ - 2 / 650 / 2015-16 and KIADB / LAQ - 2 / 648 / 2015-16, dated 09.06.2015 passed by respondent No.3 in so far as lands in Sy.No.14/2, measuring 1 acre 18 guntas and Sy.No.15/3 measuring 1 acre 6 guntas situate at Avverahalli, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District. (vi) In the event, if there are any unresolved objections, the general awards bearing Nos.KIADB / LAQ - 2 / 650 / 2015-16 and KIADB / LAQ - 2 / 648 / 2015-16, dated 09.06.2015 passed by respondent No.3 in so far as lands in Sy.No.14/2, measuring 1 acre 18 guntas and Sy.No.15/3 measuring 1 acre 6 guntas situate at Avverahalli, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District, shall stand revived. - 8 - HC-KAR CNR: KAHC010610982026 NC: 2026:KHC:48349 WP No. 27912 of 2026 6. Learned High Court Government Pleader for respondent No.1 and Sri. Dildar Shiralli, learned counsel for respondent Nos.2 and 3 are permitted to file memo of appearance within ten days. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 55