Gajendra Babu Vs the State of Karnataka

THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIZA BHAVAN, BANGALORE - 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER

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THE SPECIAL LAND ACQUISITION OFFICER HEAD OFFICE, KIADB NO.14/1, ARAVINDA BHAVAN, 1^ST FLOOR, NRUPATHUNGA ROAD, BENGALURU- 560 001.

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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:51738 WP No. 36826 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 i) QUASH THE GENERAL AWARD BEARING NO. KIADB/LAQ/1873/2020-21 DATED 03/03/2021 VIDE ANNX-A 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:

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

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ORAL ORDER

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Learned Additional Government Advocate Sri.

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Harisha A.S accepts notice for respondent No.1.

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Learned counsel Sri. P.V. Chandrashekar submits that he has filed vakalath for respondent No.3. He is directed to accept notice for respondent No.2 also.

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

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“a) Issue a writ in the nature of Certiorari quashing the General award bearing No.KIADB/LAQ/1873/2020-21 dated 03.03.2021 vide Annexure-A passed by the Third Respondent. Pertaining to the petitioner.

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3 - NC: 2025:KHC:51738 WP No. 36826 of 2025

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HC-KAR

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b) Issue a writ in the nature of mandamus directing the Respondents to consider the case of the petitioners as per Government order dated 23.02.2021 and pass appropriate order in regard to an extent of 3 acre 14 guntas in sy No.83 of Mindahalli village, Kasaba Hobli, Malur Taluk, Kolar District vide Annexure-D1.

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c) Grant such other reliefs as this Hon'ble Court deems fit in 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 initiated acquisition proceedings under the Karnataka Industrial Areas Development Act, 1966 (‘KIAD Act’ for short) in respect of petitioner's land measuring an extent of 3 acre 14 guntas in survey No.83 of Mindahalli village, Kasaba Hobli, Malur Taluk, Kolar District 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 13.03.2012 was issued under Section 28 (1) of the KIAD Act, proposing to acquire the lands followed by a Final Notification dated 28.07.2020 under

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4 - NC: 2025:KHC:51738 WP No. 36826 of 2025

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HC-KAR

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Section 28 (4) of the KIAD Act. The award was passed on

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03.03.2021.

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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 petitioner’s land to the extent of 3 acre 14 guntas in Sy.No.83 of Mindahalli village, Kasaba Hobli, Malur Taluk, Kolar District has been acquired under the notification, and the acquisition proceedings have attained finality.

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Learned counsel for the petitioner submits that 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

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

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5 - NC: 2025:KHC:51738 WP No. 36826 of 2025

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HC-KAR

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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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(ii) The impugned General Award dated 03.03.2021 passed by the third respondent at Annexure-A in so far as the petition schedule property is concerned, is hereby quashed .

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(iii) The third respondent to consider the petitioner’s grievance. Petitioner to give representation to that effect within two weeks from the date of receipt of the certified copy of this order. Thereafter the third respondent to pass appropriate orders

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