Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:22134 WP No. 11044 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO.11044 OF 2026 (LA-KIADB) BETWEEN:
B M GOVINDAPPA, S/O LATE MUNINANJAPPA, AGED ABOUT 60 YEARS, R/AT BAVANAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT. …PETITIONER
(BY SRI NEERAJA KARANTH, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRY, REP. BY SECRETARY, 1ST FLOOR, VIKAS SOUDHA, BANGALORE 560 001.
2.
THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, REP. BY EXECUTIVE MEMBER, RASHTROTHANA BUILDING, NRUPATUNGA ROAD, BANGALORE.
3.
SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.14:3, ARAVINDA BHAVANA,
Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:22134 WP No. 11044 of 2026
1ST FLOOR, NRUPATUNGA ROAD, BANGALORE 560 001. …RESPONDENTS
(BY SRI A.S HARISH, AGA FOR R-1;
SRI VASANTHA, ADVOCATE FOR R-2 & R-3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD MADE WITH RESPECT TO THE SCHEDULE PROPERTY IN KIADB.L.A.Q.2306/2023-24 DATED NIL, PASSED BY THE RESPONDENT NO.3 HEREIN PRODUCED HEREWITH AS ANNEXURE A INSOFAR AS THE PETITIONER IS CONCERNED AND FOR A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO WITHDRAW THE DEPOSIT MADE IN THE COURT OF SENIOR CIVIL JUDGE, MALUR TALUK, KOLAR DISTRICT IF THE SAME HAS BEEN DEPOSITED AND/OR PAY THE COMPENSATION TO THE PETITIONER UNDER SECTION 29(2) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT ACT, 1966 (KIAD ACT), AND FOR SUCH OTHER WRIT OR
ORDER ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN THAT BEHALF, AND PASS SUCH OTHER WRIT OR
ORDER ON THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER Sri A.S. Harish, learned Additional Government Advocate accepts notice for respondent No.1. Learned counsel Sri Vasantha accepts notice for respondent Nos.2 and 3.
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HC-KAR NC: 2026:KHC:22134 WP No. 11044 of 2026
2. The petitioner has sought for issuance of writ of certiorari to set aside the general award insofar as the property of the petitioner is concerned. The copy of the said award is enclosed at Annexure-A.
3. The petitioner has further sought for a direction to respondent No.3 to pass award in terms of the agreement as per Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short ‘KIAD Act’) on the basis of consent.
4. It is submitted that the petitioner had intended to accept consent award and accordingly has made a representation to the authority in that regard.
5. The case of the petitioner is that he was willing for a consent award and accordingly, the question of passing of general award does not arise.
6.
Learned counsel for the respondent - Karnataka Industrial Area Development Board (KIADB) submits that the petition itself could be disposed of while setting aside
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HC-KAR NC: 2026:KHC:22134 WP No. 11044 of 2026
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.
7. In light of the said stand, 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-A insofar as the petitioner’s land is concerned, is set aside.
(ii) The 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 KIAD Act, within a period of four months from the date of receipt of copy of this order.
(iii) The respondent KIADB is permitted to withdraw the amount if deposited before the Civil Court.
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HC-KAR NC: 2026:KHC:22134 WP No. 11044 of 2026
(iv) Needless to state the general award would revive if there are interse disputes amongst the claimants.
8. Accordingly, the petition is disposed of.
Sd/- (S SUNIL DUTT YADAV) JUDGE
MD List No.: 1 Sl No.: 8