N.Damodhara Vs the State of Karnataka

THE SPECIAL LAND ACQUISITION OFFICER-2 METRO, THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.14/1, ARAVINDA BHAVAN 1ST FLOOR, NRUPATHUNGA ROAD BENGALURU - 560 001.

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BENGALURU METRO RAIL CORPORATION LIMITED/KIADB, MANAGING DIRECTOR, 3RD FLOOR, BMTC COMPLEX K.H.ROAD, SHANTHINAGAR BENGALURU - 560 027

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…RESPONDENTS

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(BY SRI. HARISHA A.S, AGA FOR R1; SRI. VASANTH, ADVOCATE FOR R2 AND R3; SRI. K. KRISHNA, ADVOCATE FOR R4)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE GENERAL AWARD BEARING CASE.NO.KIADB/METRO/LA/DP1/A.PLOT.NO.37/2018-29 DATED 11.09.2018 VIDE ANNEXUREA PASSED BY THE THIRD RESPONDENT AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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NC: 2025:KHC:41770 WP No. 26115 of 2025

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HC-KAR

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ORAL ORDER

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The petitioners in this petition are seeking for the following reliefs:

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"i) Issue a writ in the nature of Certiorari quashing the General Award bearing Case. No. KIADB/Metro/LA/DP-1/A.Plot.No.37/2018-29 dated 11.09.2018 vide Annexure-A passed by the Third Respondent.

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ii) Issue a writ in the nature of mandamus directing the Respondents to consider the case of the Petitioners as per Section 29(2) of the KIAD Act for passing the consent Award in respect of Petitioners site bearing No.37 (Identification No.R6-DP1/A), carved out of Sy.No.87, measuring 111.41 Square Meters of Kothanur Village, Bengaluru South Taluk.

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iii) Grant such other reliefs as this Hon'ble Court deem fit in the facts and circumstances of the case and in the interest of Justice and Equity."

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Heard Sri Srihari A.V., learned counsel appearing for the petitioners, Sri Harisha A.S. learned AGA appearing for respondent No.1, Sri Vasanth, learned counsel appearing for respondents No.2 and 3 and Sri K.Krishna, learned counsel appearing for respondent No.4.

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4 - NC: 2025:KHC:41770 WP No. 26115 of 2025

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HC-KAR

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Learned counsel appearing for the petitioners submits that in identical matters, the co-ordinate bench of this Court has already considered the issue involved in this writ petition and answered the same in favour of the petitioners therein. One such order has been placed on record. In respect of a different survey number, but under similar circumstances, this Court quashed the general award and directed the respondents to reconsider the petitioner's request for consent award. It is therefore submitted that a similar order be passed in present petition as well.

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Learned AGA appearing for respondent No.1 and learned counsel appearing for respondents No.2 to 4 submit that in identical circumstances in respect of these very same petitioners but in respect of different survey number, the co-ordinate bench of this Court has quashed the general award. Reference is made to N. Damodhara

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NC: 2025:KHC:41770 WP No. 26115 of 2025

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HC-KAR

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v. State of Karnataka¹ wherein this Court has held as

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under:

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"5. The co-ordinate bench of this Court in W.P.No.15026/2021 disposed on 18.08.2021, has held as follows:

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"Learned Additional Government Advocate waives notice for respondent No.1. Learned counsel Smt. Gowharunnissa, who is present before this Court, accepts notice for respondents No.2 and 3.

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2. The petitioners' property bearing Sy.No.5/4, measuring 27 guntas, situated at Mindahallil Village, Kasaba Hobli, Malur Taluk, Kolar District, was notified for acquisition by State Government for the benefit of respondent No.2-KIADB. The grievance of the petitioner is that, while the General Award passed by the respondent No.3-Special Land Acquisition Officer-NIMZ was questioned by some of the landlords, this Court in the Smt. Rathnamma Vs. The State of Karnataka in W.P.No.31702/2018, by order dated 29.11.2018 has set aside the General Award and directed the respondents to consider the

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1 W.P.No.26334/2025

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6 - NC: 2025:KHC:41770 WP No. 26115 of 2025

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HC-KAR

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claim of the petitioner under Section 29(2) of the KIAD Act, 1966, within a period of two months. Therefore, it is the prayer of the petitioner that similar orders may be passed in this writ petition to set aside the General Award and direct the respondent authorities to consider claim for compensation under Section 29(2) of the Act.

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3. The submission of the learned counsel for petitioner is not controverted at the hands of the respondents.

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4. Consequently, this Court proceeds to pass the following:-

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ORDER

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(i) Writ Petition is hereby allowed .

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(ii) The impugned General Award at Annexure -A, dated 17.07.2021 is hereby quashed.

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(iii) Respondent No.3 (SLAO) is hereby directed to consider the claim of the petitioners under Section 29(2) of the KIAD Act, 1966 within a period of four months from the date of receipt of copy of this order.

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HC-KAR

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(iv) It is made clear that in the event, if any dispute arises with regard to entitlement and apportionment of the award amount, the General Award at Annexure-A, which has been quashed by this Court would revive. (v) Liberty is reserved to Special Land Acquisition Officer, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to General award."

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In view of issue being fully covered by the decision

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rendered by the co-ordinate bench of this Court, the present writ petition also deserves to be disposed of in similar terms. Accordingly, this Court pass the following;

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ORDER

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(i) The writ petition is allowed.

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(ii) The impugned general award dated 11.09.2018 at Annexure-A insofar as the petitioners' land is concerned is hereby quashed.

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(iii) The respondent-Special Land Acquisition Officer of the KIADB is directed to reconsider the petitioners request for

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HC-KAR

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award of compensation by way of an agreement under Section 29(2) of the KIADB Act and pass necessary orders within a period of three months from the date of receipt of the certified copy of this order.

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(iv) The respondent–Special Land Acquisition Officer, KIADB, is at liberty to withdraw the amount that has been deposited by it pursuant to the general award before the jurisdictional Court.

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(v) Needless to state that in the event of any dispute, the general award would stand restored.

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Sd/-

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_______________________ JUSTICE K.S. HEMALEKHA

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HDK

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List No.: 1 Sl No.: 22

N.Damodhara v. the State of Karnataka

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N.Damodhara v. the State of Karnataka

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