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2026 DAILYLAW 9143 (KAR)

SMT. R CHAYADEVI v. THE STATE OF KARNATAKA

WP/1791/2026 · 2026-03-16

S Sunil Dutt Yadav

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15526 WP No. 1791 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 1791 OF 2026 (LA-KIADB) BETWEEN: 1. SMT. R CHAYADEVI, W/O SIDDARAJU, AGED ABOUT 53 YEARS, 25/16, SHANESHWARA TEMPLE ROAD, CHIKKAGOLLARAHATTI, LAKSHMIPURA POST, BANGALORE NORTH TALUK, BANGALORE DISTRICT - 562 123. 2. SMT. POORNIMA, W/O RAMESH C.T, AGED ABOUT 50 YEARS, R/AT: GOWRAPURA VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 111. 3. SRI. R. RAGHAVENDRA, S/O RAJANNA, AGED ABOUT 47 YEARS, R/AT: JANATHA COLONY, MADAVARA POST, DASANAPURA HOBLI, MADHANAYAKANAHALLI, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15526 WP No. 1791 of 2026 BANGALORE NORTH TALUK, BANGALORE DISTRICT. …PETITIONERS (BY SRI. SHANBHAG SANJEEVRAO SADANAND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, #14/3, 2ND FLOOR, R.P BUILDING, NRUPATHUNGA ROAD, BENGALURU - 560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, 1ST FLOOR, ARAVINDA BHAVAN, NRUPATHUNGA ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. A.S. HARISH, AGA FOR RESPONDENT NO.1 SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR RESPONDENT NOS.2 AND 3) - 3 - HC-KAR NC: 2026:KHC:15526 WP No. 1791 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI QUASHING THE GENERAL AWARD DATED 09-05-2022 PASSED BY THE RESPONDENT NO 3 IN NO KIADB:LAQ NO.358/2022-23 WHICH IS PRODUCED AT ANNEXURE-L TO THE WRIT PETITION IN SO FAR PETITIONER NOS.1 TO 3 CONSIDERATION ONLY LAND BEARING SURVEY NO 07 MEASURING 2 ACRE 15 1/2 GUNTAS OF BARAGENAHALLI, VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, BY ALLOWING THE WRIT PETITION 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 - 4 - HC-KAR NC: 2026:KHC:15526 WP No. 1791 of 2026 ORAL ORDER The petitioners have sought for setting aside of the General Award dated 09.05.2022 passed by respondent No.3 at Annexure-L, insofar as the petitioners' share in terms of the judgment and decree of the Civil Court passed in O.S.No.703/2012, relating to the property in Survey No.7 of Baragenahalli Village, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District. 2. The petitioners submit that they were not able to exercise their option of having the benefit of an award in terms of an agreement as per Section 29(2) of the Karnataka Industrial Areas Development Act, 1996 (hereinafter referred to as "the KIAD Act"). It is submitted that, in light of the litigation, they could not exercise such option, but insofar as the order passed by the Civil Court in O.S.No.703/2012 granting 1/9th share of the scheduled properties along with defendant No.9 in the said suit. - 5 - HC-KAR NC: 2026:KHC:15526 WP No. 1791 of 2026 3. It is further submitted that the General Award may be set aside, reserving liberty to the respondent- Karnataka Industrial Area Development Board (hereinafter referred to as "KIADB") to consider passing of the award by way of agreement in terms of Section 29(2) of the KIAD Act. 4. The case of the petitioners is that they were willing for a consent award and accordingly, the question of passing of general award does not arise. 5. Learned counsel for the respondent - KIADB submits that the petition itself could be disposed of while setting aside the general award insofar as the petitioners is concerned and the respondent - Special Land Acquisition Officer, KIADB would consider the request of the petitioners and pass a consent award as per law. 6. 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: - 6 - HC-KAR NC: 2026:KHC:15526 WP No. 1791 of 2026 (i) The impugned general award at Annexure-L insofar as the share of the petitioners as in terms of the judgment and decree in O.S.No.703/2012 is set aside. (ii) Respondent No.3 is directed to consider the claim of the petitioners as regards their share in terms of the judgment and decree in O.S.No.703/2012 for passing of consent award and pass a consent award in terms of Section 29(2) of the KIAD Act within a period of four months from the date of receipt of copy of this order. 7. 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-L would stand revived. 8. Liberty is reserved to the Special Land Acquisition Officer, KIADB to withdraw the amount, if - 7 - HC-KAR NC: 2026:KHC:15526 WP No. 1791 of 2026 deposited before the Civil Court pursuant to the general award. 9. Accordingly, the petition is disposed of in terms of the above. Sd/- (S SUNIL DUTT YADAV) JUDGE SHS List No.: 1 Sl No.: 7