Sri Venkateshappa M Vs the State of Karnataka

THE SPECIAL LAND ACQUISITION OFFICER, THE KARNATKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.39, 4^TH FLOOR, SHANTIGRUHA SCOUTS AND GUIDES BUILDING, PALACE ROAD, BANGALORE 560 001.

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&RESPONDENTS

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

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE IMPUGNED GENERAL AWARD DATED 02/03/2013, BEARING KIADB.L.A.Q. 2013-14, PASSED BY THE R3 AT ANNX-C AND ETC.

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HC-KAR

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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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Learned Addl. Government Advocate accepts notice

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for respondent No.1.

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Sri. Vasantha, learned counsel is directed to take notice for respondent Nos.2 and 3.

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The petitioners have approached this Court challenging the General Award dated 23.10.2013 (Annexure-C) passed by the 3^rd respondent in respect of the land in Sy.No.32, measuring 2 acres 09 guntas, situated at Jakkasandra village, Kasaba Hobli, Malur Taluk, Kolar District, insofar as it pertains to the petitioners. Further, seeking a writ of mandamus directing the respondents to allot developed lands in lieu of compensation as per the Government Order dated

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HC-KAR

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23.02.2021 (Annexure-D) by considering their

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representation dated 06.10.2025 (Annexure-J).

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Heard learned counsel Sri.Uday K.S., for the petitioners, learned Additional Government Advocate Sri.Harisha A.S. for respondent No.1 and learned counsel Sri.Vasantha for respondents No.2 and 3. Perused the material on record.

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Learned counsel for the petitioners submits that

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the compensation was earlier determined through a consent agreement entered into between the petitioners and the State under Section 29(3) of the Karnataka Industrial Areas Development Act, 1966 (for short <the KIAD Act=). However, respondent No.3 subsequently, passed the impugned General Award on 23.10.2013, which according to the petitioners could not have been issued once a consent award was agreed upon. He further submits that as per the Government Order dated 23.02.2021 (Annexure-D) the extent of developed land is

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HC-KAR

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increased to 10,781 sq. ft., and therefore, being the lawful owner of the acquired land whose khatha stands in their names, the petitioners are entitled to such allotment of developed land in the industrial layout formed by respondent-KIADB.

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Learned counsel appearing for the respondentKIADB does not dispute the existence of the Government Order dated 23.02.2021, which governs the allotment of developed land, in lieu of monetary compensation. However, he submits that the petitioners' representation dated 06.10.2025 (Annexure-J) will be duly considered in accordance with law.

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Submission is recorded.

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Accordingly, this Court passes the following:

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ORDER

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(i) The writ petition is allowed.

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HC-KAR

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(ii) The impugned General Award dated 23.10.2013 (Annexure-C) passed by respondent No.3 is hereby quashed .

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(iii) The respondent-KIADB is directed to consider the petitioners' representation dated 06.10.2025 (Annexure-J) in terms of the Government Order dated 23.02.2021 (AnnexureD) and pass appropriate orders within a period of eight(8) weeks from the date of receipt of a certified copy of this order.

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(iv) The respondent-KIADB is at liberty to withdraw the amount, if any, deposited before the Competent Court.

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(v) In the event, if there is no consensus arrived for grant of developed land, the petitioners are entitled for compensation under Section 29(2) of the KIAD Act.

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NC: 2025:KHC:50050 WP No. 34170 of 2025

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