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2026 DAILYLAW 44910 (KAR)

SMT.PADMAMMA v. THE STATE OF KARNATAKA

WP/29690/2026 · 2026-09-29

R Nataraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010648262026 NC: 2026:KHC:54047 WP No. 29690 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 29690 OF 2026 (LA-KIADB) BETWEEN: 1. SMT. PADMAMMA W/O PATALAPPA AGED ABOUT 80 YEARS R/AT THIMMASANDRA VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, 2. SMT. LAKSHMAMMA, W/O THYAGARAJ N.A. AGED ABOUT 63 YEARS R/AT NO.206, NAGAVARA KEB ROAD, ARABIC COLLEGE POST, BENGALURU-560045 …PETITIONERS (BY SRI. R. RAMESH BABU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, NO.2/1 AND 2/3, ACHARYA TULASI ROAD, 1ST MAIN, GANDHINAGAR, BANGALORE-560 009. Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010648262026 NC: 2026:KHC:54047 WP No. 29690 of 2026 3. THE SPECIAL LAND ACQUISITION OFFICER, (METRO) KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, MAHARSHI ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001. REPRESENTED BY SLAO (METRO) …RESPONDENTS (BY SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1; SRI. T. SOMASHEKAR, ADVOCATE FOR RESPONDENT NOS.2 AND 3) 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/1474/2025-26, DATED 12.02.2026 PASSED BY THE RESPONDENT NO.2 AND 3 IN RESPECT OF THE LAND IN SY.NO.3/2, MEASURING 0.21.04 GUNTAS, OUT OF 2 ACRES 05 GUNTAS OF CHAPARADAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT, IN SO FAR AS THE PETITIONERS 1/4TH COMPENSATION AS PER ORDERS PASSED BY THE SENIOR CIVIL JUDGE DEVANAHALLI IN O.S. 473/2023, IS CONCERNED, WHICH IS PRODUCED AS ANNEXURE-C 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 petitioners have sought for a writ in the nature of certiorari to quash the general award bearing No.PÉLJr©/J¯ïJPÀÆå/1474/2025-26 dated 12.02.2026 passed by the - 3 - HC-KAR CNR: KAHC010648262026 NC: 2026:KHC:54047 WP No. 29690 of 2026 respondent No.3 in respect of land in Sy.No.3/2 measuring 21.04 guntas out of 2 acres 5 guntas situate at Chaparadahalli Village, Kundana Hobli, Devanahalli Taluk, as per the orders passed in O.S.No.473/2023, by the Senior Civil Judge, Devanahalli and to issue appropriate direction to the respondent No.3 to grant developed land in lieu of monetary compensation in the same industrial layout. 2. (i) The petitioners contend that their brother was the owner of land in Sy.No.3/2 measuring 21.04 guntas situate at Chaparadahalli Village, Kundana Hobli, Devanahalli Taluk. The petitioners filed O.S.No.437/2023 for partition and separate possession of their share and the said suit was compromised on 28.03.2026. As per the decree, the petitioners are entitled to 1/4th share in the suit properties. The petitioners contend that the aforesaid land was acquired by the respondent No.1 for the purposes of the respondent No.2 and respondent No.3 had passed a general award. (ii) The petitioners contend that the Price Advisory Committee constituted by the respondent No.2 at its 382nd meeting held on 12.01.2023 had fixed the compensation at a - 4 - HC-KAR CNR: KAHC010648262026 NC: 2026:KHC:54047 WP No. 29690 of 2026 sum of Rs.1,35,00,000/- per acre. However, the respondent Nos.2 and 3 had utilized the property of the petitioners without paying any compensation. In the meanwhile, the State Government had issued an order dated 23.02.2021 granting 10,781 square feet of developed land per acre as compensation instead of monetary compensation. The petitioners therefore are before this Court contending that granting of developed land is more beneficial to them instead of monetary compensation and therefore, have challenged the general award and have sought for a direction to grant developed land in lieu of compensation in cash. 3. The learned counsel for the petitioners reiterated the above submissions and submitted that to the extent of the petitioners' interest in the aforesaid land, the respondent No.3 be directed to pass an award giving away developed land in lieu of monetary compensation. 4. The learned counsel for the respondent Nos.2 and 3 does not dispute the fact that the land bearing Sy.No.3/2 measuring 21.04 guntas situate at Chaparadahalli Village was acquired by the respondent No.1 for the purposes of the - 5 - HC-KAR CNR: KAHC010648262026 NC: 2026:KHC:54047 WP No. 29690 of 2026 respondent No.2. He also does not dispute that the State Government had issued an order dated 23.02.2021 in terms of which they directed the respondent No.2 to give away 10,781 square feet of developed land for every acre of land. 5. In view of the above, since it is more beneficial for the petitioners to receive developed land instead of compensation in cash, it is only appropriate that the general award given to the petitioners is quashed and the respondent Nos.2 and 3 are directed to pass an order allotting developed land as compensation to the extent of the share of the petitioners as determined by the Senior Civil Judge, Devenahalli, in O.S.No.473/2023. 6. In view of the above, the following order is passed: ORDER i. The writ petition is allowed; ii. The general award bearing No. PÉLJr©/J¯ïJPÀÆå/1474/2025-26 dated 12.02.2026 passed by the respondent No.3 in respect of land bearing Sy.No.3/2 measuring 21.04 guntas out of - 6 - HC-KAR CNR: KAHC010648262026 NC: 2026:KHC:54047 WP No. 29690 of 2026 2 acres 5 guntas situate at Chaparadahalli Village, Kundana Hobli, Devanahalli Taluk is quashed in so far as petitioners share in subject land. Consequently, respondent Nos.2 and 3 are directed to allot the developed land to the petitioners in the same industrial area proportionate to their share as per the Government Order dated 23.02.2021. iii. This shall be complied within a period of three months from the date of receipt of a copy of this order. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 43