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2026 DAILYLAW 9053 (KAR)

SMT. B S SHAILAJA v. STATE OF KARNATAKA

WP/1123/2026 · 2026-02-09

S Sunil Dutt Yadav

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:7596 WP No. 1123 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 1123 OF 2026 (LA-KIADB) BETWEEN: 1. SMT. B S SHAILAJA W/O S.C. SHANKARA LINGAIAH, AGED ABOUT 65 YEARS, R/A NO.2017/A, 10TH CROSS, 1ST 'B' MAIN, VIJAYANAGAR 2ND STAGE, BENGALURU - 560 040. … PETITIONER (BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU - 560 001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD A GOVERNMENT OF KARNATAKA UNDERTAKING, NO. 14/3, 2ND FLOOR, RP BUILDING, NRUPATHUNGA ROAD, BENGALURU - 560 001. REPRESENTED BY ITS Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7596 WP No. 1123 of 2026 JOINT DIRECTOR AND CHIEF EXECUTIVE OFFICER 3. THE SPECIAL LAND ACQUISITION OFFICER-II (BMICP) AND BENGALURU RURAL, NELAMANGALA TALUK, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO. 14/3, 2ND FLOOR, RP BUILDING, NRUPATHUNGA ROAD, BENGALURU - 560 001. … RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR R1; SRI VASANTHA., ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED GENERAL AWARD DATED 12.06.2023 VIDE ANNEXURE-C BEARING NO. KIADB/LAQ/2484/2023-24 PASSED BY THE 3RD RESPONDENT AUTHORITY IN SO FAR AS IT RELATES TO THE LAND OWNED BY THE PETITIONER BEARING SY. NO. 32/2 MEASURING TO AN EXTENT OF 33 GUNTAS SITUATED AT MACHANAHALLI 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 S SUNIL DUTT YADAV ORAL ORDER Learned Additional Government Advocate accepts notice for respondent No.1. - 3 - HC-KAR NC: 2026:KHC:7596 WP No. 1123 of 2026 Sri. Vasantha, learned counsel accepts notice for respondents 2 and 3. The matter is taken up for disposal by consent. 2. The petitioner has sought for issuance of writ of certiorari to set aside the general award at Annexure-C passed by respondent No.3. Petitioner has also sought for issuance of writ in the nature of mandamus to direct the respondents to consider the case of the petitioner in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act') and to pass consent award insofar as it relates to the land to an extent of 33 guntas in Sy. No. 32/2 of Machanahalli Village, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District. 3. The case of the petitioner is that she was willing for a consent award and accordingly, the question of passing of general award does not arise. - 4 - HC-KAR NC: 2026:KHC:7596 WP No. 1123 of 2026 4. Learned counsel for the respondent - Karnataka Industrial Area Development Board (KIADB) submits that the petition itself could be disposed of while setting aside the general award insofar as the petitioner is concerned and the respondent - Special Land Acquisition Officer, KIADB would consider the request of the petitioner and pass a consent award as per law. 5. In light of the said stand and taking note of the directions passed in W.P.No.15026/2021, the petition is disposed of as follows: (i) The impugned general award at Annexure-C insofar as the petitioner's land is concerned, is set aside. (ii) Respondent No.3 is directed to consider the claim of the petitioner for passing of consent award and pass a consent award in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966, within a period of four - 5 - HC-KAR NC: 2026:KHC:7596 WP No. 1123 of 2026 months from the date of receipt of copy of this order. 6. It is made clear that, in the event if there is any dispute with regard to entitlement and apportionment of the award amount, the general award at Annexure-C would stand revived. 7. Liberty is reserved to the Special Land Acquisition Officer, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to the general award. 8. Accordingly, the petition is disposed of in terms of the above. SD/- (S SUNIL DUTT YADAV) JUDGE VP