Sri Devaraju Vs the State of Karnataka

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NC: 2025:KHC:43608 WP No. 21363 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 21363 OF 2025 (LA-KIADB)

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BETWEEN:

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SRI DEVARAJU S/O LATE M.SINNAPPA AGED ABOUT 52 YEARS RESIDING AT MALLIYAPPANAHALLI VILLAGE, KURUGAL POST, VEMGALU HOBLI, KOLAR TALUK- 563 102.

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…PETITIONER

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(BY SRI. NIVEDITHA PRAKASH., ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA R/BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHAN SOUDHA, BENGALURU-560001.

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KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD (KIADB) 4^TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001.

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SPECIAL LAND ACQUISITION OFFICER, KIADB, 4^TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001.

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…RESPONDENTS

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(BY SRI. HARISHA A.S., AGA FOR R1; SRI. P V CHANDRASHEKAR, ADVOCATE FOR R2 AND R3)

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2 - NC: 2025:KHC:43608 WP No. 21363 of 2025

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HC-KAR

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-3 TO CONSIDER THE REPRESENTATION DTD 15.03.2025 MADE BY THE PETITIONER AT ANNX-A AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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The petitioner in this writ petition is seeking for the following reliefs:

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“a) Issue a Writ or order or direction, in the nature of mandamus by directing the Respondent No.3 to consider the Representation dated 15.03.2025 made by the Petitioner at Annexure-A.

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b) Issue a Writ in the nature of mandamus declaring that the order dated 29.03.2025 passed by the Respondent No.3 for non-considering the Representation dated 15.03.2025 is highly arbitrary and illegal at (Annexure-B).

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c) Issue a Writ or order or direction, in the nature of certiorari to quash the impugned General Award No.KIADB:LAQ:1928/2024-25 dated 29.03.2025, issued by the Respondent No.3 in so

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3 - NC: 2025:KHC:43608 WP No. 21363 of 2025

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HC-KAR

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far as petitioner's land measuring 10 ½ guntas 43/P3 at Annexure-B.

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d) Issue a Writ or order or direction, in the nature of mandamus by directing the Respondent No.3 to grant developed land to the Petitioner instead of paying compensation amount to his acquired extent of 10 ½ guntas in schedule property by considering the Representation dated 15.03.2025 at (AnnexureA).

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e) Grant any other Order/Direction considering the facts and circumstances of the case and in the interest of justice and equity.”

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The State of Karnataka-respondent No.1

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initiated acquisition proceedings under the Karnataka Industrial Areas Development Act, 1966 (‘KIAD Act’ for short) in respect of several lands situated at Malliyappanahalli, Kolar Taluk for the formation of an industrial area by respondent No.2-KIADB and issued notification under Section 1 (3) and 3 (1) of KIAD Act, declaring the lands as an industrial area. A Preliminary Notification on 12.08.2020 was issued under Section 28

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HC-KAR

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(1) of the Act, proposing to acquire the lands followed by a

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Final Notification under Section 28 (4) of the Act on 21.01.2023. The award was passed on 29.03.2025. The petitioner submitted a representation dated 15.03.2025 (Annexure-A) seeking allotment of developed land in lieu of the cash compensation for his 10½ guntas out of 3 acre 22 guntas in Sy.No.43/P3 of Malliyapanahalli Village, Vemagalu Hobli, Kolar Taluk. The grievance of the petitioner is that despite submitting the representation pursuant to the Government Order dated 23.02.2021, respondent No.3 has not considered the same, thereby compelling the petitioner to approach this Court in this Writ Petition.

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The issue raised in this petition regarding prayer (c) to quash the impugned General Award is squarely covered by the several decisions of this Court and one such order is passed in RUKMINAMMA VS STATE OF KARNATAKA AND OTHERS¹ . Undisputedly, the

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1 W.P.No.3092/2025 D.D 05.02.2025

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HC-KAR

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petitioner’s land to the extent of 10½ guntas has been acquired under the notification, and the acquisition proceedings have attained finality.

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Learned counsel for the petitioner submits that

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the petitioner is willing to accept the developed land by way of a consent award, in terms of the Government Order dated 23.02.2021.

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Learned counsel appearing for respondent Nos. 2 and 3 – KIADB submits that if the petitioner is willing to accept the compensation in accordance with the said Government Order dated 23.02.2021, the same will be considered by the authority in accordance with law.

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The submission is placed on record.

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Accordingly, this Court pass the following :

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ORDER

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(i) The Writ Petition is allowed in part.

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HC-KAR

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(ii) The impugned General Award dated 29.03.2025 passed by the third respondent at Annexure-B in so far as the petition schedule property is concerned, is hereby quashed .

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(iii) The third respondent is directed to consider the petitioner’s representation dated 15.03.2025 in terms of the Government Order dated 23.02.2021 and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a certified copy of this order.

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