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2026 DAILYLAW 9429 (KAR)

SRI. GIRIGOWDA v. THE STATE OF KARNATAKA

WP/7502/2026 · 2026-03-16

S Sunil Dutt Yadav

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15528 WP No. 7502 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. 7502 OF 2026 (LA-KIADB) BETWEEN: 1. SRI. GIRIGOWDA, S/O LATE SALAGIRIGOWDA, AGED ABOUT 58 YEARS, RESIDING AT CHEELUR VILLAGE, MARALWADI HOBLI, HAROHALLI TALUK, BANGALORE SOUTH DISTRICT, PINCODE - 562 121. …PETITIONER (BY SRI. SURESH K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BANGALORE - 560 001 BY ITS SECRETARY 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, EAST WING, KHANIJA BHAVAN, BANGALORE - 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15528 WP No. 7502 of 2026 3. THE SPECIAL LAND ACQUISITION OFFICER-1, THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 14/1, ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. A.S. HARISH, AGA FOR RESPONDENT NO.1 SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR RESPONDENT NOS.2 AND 3) *** THIS WP IS FILED UNER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE GENERAL AWARD BEARING NO.KIADB:LAQ:1882: 2020-21 DATED 09.03.2021 VIDE ANNEXURE-A PASSED BY THE THIRD RESPONDENT 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 - 3 - HC-KAR NC: 2026:KHC:15528 WP No. 7502 of 2026 ORAL ORDER The petitioner has sought for setting aside the General Award at Annexure-A passed by respondent No.3, insofar as the petitioner's property is concerned and has also sought for issuance of a 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, 1996 (hereinafter referred to as "the KIAD Act") and to pass a consent award. 2. 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. 3. Learned counsel for the respondent - Karnataka Industrial Area Development Board (hereinafter referred to as "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 - 4 - HC-KAR NC: 2026:KHC:15528 WP No. 7502 of 2026 Land Acquisition Officer, KIADB would consider the request of the petitioner and pass a consent award as per law. 4. 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-A 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 KIAD Act, within a period of four months from the date of receipt of copy of this order. 5. 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-A would stand revived. - 5 - HC-KAR NC: 2026:KHC:15528 WP No. 7502 of 2026 6. 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. 7. Accordingly, the petition is disposed of in terms of the above. Sd/- (S SUNIL DUTT YADAV) JUDGE SHS List No.: 1 Sl No.: 16