Smt.Narasamma Vs the State of Karnataka

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1 - NC: 2025:KHC:31017 WP No. 23564 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

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WRIT PETITION NO.23564 OF 2025 (LA-KIADB)

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BETWEEN:

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SMT. NARASAMMA, W/O LAKSHMINARAYAN, AGED ABOUT 87 YEARS, R/AT OBALAPURA VILLAGE, THYAMGOUNDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562132.

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…PETITIONER

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(BY SMT. ASHWINI P., ADVOCATE)

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AND:

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU-01.

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THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, NO.14/3, II FLOOR, R.P.BUILDING, NRUPATHUNGA ROAD, BENGALURU-01.

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THE SPECIAL LAND ACQUISITION OFFICER-2, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,

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2 -

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NC: 2025:KHC:31017 WP No. 23564 of 2025

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HC-KAR

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NO.14/3, CFC BUILDING, MAHARSHI ARVIND BHAVAN, I FLOOR, N.R. ROAD, BENGALURU-560 001.

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…RESPONDENTS

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(BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. P.V.CHANDRASHEKAR, ADVOCATE FOR R2 AND R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD BEARING NO.KIADB.LAQ NO.3/2025-26 DATED 01/04/2025 PASSED BY 3^RD RESPONDENT IN RESPECT OF THE PETITIONER WAS THE ABSOLUTE OWNER OF LAND BEARING SY.NO.25/2 MEASURING 0-20 GUNTAS, SITUATED AT OBALAPURA VILLAGE, THYAMGOUNDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, OF PETITIONER ARE CONCERNED, WHICH IS PRODUCED AT ANNEXURE-A.

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

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Heard the learned counsel, Smt. Ashwini P., appearing for the petitioner, Sri. Spoorthy Hegde N., learned HCGP appearing for respondent No.1 and Sri. P.V. Chandrashekar, learned counsel appearing for respondent Nos.2 and 3.

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The petitioner is before this Court, seeking for the

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following prayer:

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"i) Issue a writ of certiorari quashing the General award bearing No.KIADB:LAQ No.3/2025-26

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3 - NC: 2025:KHC:31017 WP No. 23564 of 2025

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HC-KAR

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dated 01/04/2025 passed by 3^rd respondent in respect of the petitioner was the absolute owner of land bearing Sy.No.25/2 measuring 0-20 guntas, situated at Obalapura Village, Thyamagoundlu Hobli, Nelamangala Taluk, Bangalore Rural District, of petitioner is concerned, which is produced at

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ANNEXURE-A.

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ii) Issue any suitable order, direction or writ in the nature of mandamus directing the respondents herein to consider the case of the petitioner as per Section 29(2) of the KIAD Act.

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iii) Issue any other orders or directions as deemed fit in the circumstances attending.”

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The learned counsel appearing for the petitioner would submit that the issue in the lis stands covered by the judgment rendered by a Co-ordinate Bench of this Court in W.P.No.22495/2023 disposed on 30.10.2023, wherein it has held as follows:

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“This writ petition is filed seeking for following reliefs:

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(i) Issue a writ of certiorari quashing the General Award bearing No.KIADB:LAQ No.1203/2022-23 dated 27.12.2022 passed

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4 - NC: 2025:KHC:31017 WP No. 23564 of 2025

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HC-KAR

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by respondent no.3 in respect of land bearing Sy.no.40/7 measuring 0-12.08 guntas, situated at Hadihosahalli Village, Thyamagoundlu Hobli, Nelamangala Taluk, Bangalore Rural District of petitioner is concerned, which is produced at Annexure-C;

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(ii) Issue any suitable order, direction or writ in the nature of mandamus directing the respondents herein to consider the case of the petitioner as per Section 29(2) of the KIAD Act and etc.

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2. Sri Omkara Murthy G & Sri M.S. Mohan, learned counsel for petitioner submits that petitioner was absolute owner of land bearing Sy.no.40/7, measuring of 12.08 guntas situated at Hadihosahalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, in respect of which respondent - authorities had initiated acquisition proceedings for Multi Modal Logistics Park project.

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3. It was submitted that petitioner had no objection for acquisition of land by respondents - KIADB, but without issuing notice and granting opportunity to petitioner to avail compensation under consent award General Award, was passed. Since compensation under consent

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NC: 2025:KHC:31017 WP No. 23564 of 2025

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HC-KAR

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award was higher than under General Award, denial was contrary to law.

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4. It was submitted that under similar circumstances, this Court in W.P.no.22091/2022 disposed of on 30.11.2022, holding such denial as unsustainable, quashed General Award and directed respondents to consider petitioner's representation for passing consent award. Hence sought for passing similar order.

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5. Sri Yogesh D. Naik, learned AGA for respondent no.1 and Sri P.V. Chandrashekar, learned counsel for respondent nos.2 and 3 submitted that in view of earlier decisions, respondent no.3 would consider petitioner's representation if petitioner furnished relevant documents in support of claim over property and sought for disposal of writ petition.

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6. Heard learned counsel and perused writ petition record.

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7. From above, it is seen that in W.P.no.22091/2022, contention of petitioner therein about failure to provide opportunity to accept compensation under consent award which was higher than under General award was upheld and this Court set aside General Award and directed respondents to consider petitioner's

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NC: 2025:KHC:31017 WP No. 23564 of 2025

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HC-KAR

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representation for passing consent award. Said decision would squarely apply in this case.

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8. Accordingly, writ petition is disposed of, impugned General Award No.KIADB:LAQ No.1203/2022-23 dated 27.12.2022 vide Annexure-C passed by respondent no.3, insofar as it relates to petitioner's land in Sy.no.40/7, measuring 12.08 guntas situated at Hadihosahlli Village, Thyamagondlu Hobali, Nelamangala Taluk, Bangalore Rural District, is hereby set aside.

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9. Respondent No.3 - SLAO shall consider petitioner's representation and pass appropriate orders thereon within a period of eight weeks."

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In the light of the issue standing covered by judgment rendered by a Co-ordinate Bench of this Court supra , the petition stands disposed on the same terms.

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Sd/(M.NAGAPRASANNA) JUDGE

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MD List No.: 2 Sl No.: 48

Smt.Narasamma v. the State of Karnataka

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Smt.Narasamma v. the State of Karnataka

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