Smt. Latha M H Vs State of Karnataka

SMT. LATHA M H W/O. LATE. ANANDA. R, AGED ABOUT 42 YEARS, R/AT. NO. 471, NIDAVANDA, NIDAVANDA POST, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562132.

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…PETITIONER

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(BY SRI. HEGDE SHRIPAD GANGADHAR, ADVOCATE)

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AND:

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Digitally signed by 1. STATE OF KARNATAKA MAHALAKSHMI B M Location: HIGH REPRESENTED BY ITS SECRETARY COURT OF KARNATAKA TO INDUSTRIAL AND COMMERCE, M. S. BUILDING, VIDHANA VEEDHI BENGALURU-560 001.

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KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 14/3, I FLOOR, MAHARSHI ARAVIDA BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560009. REP BY ITS CHAIRMAN,

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NC: 2025:KHC:53762 WP No. 37669 of 2025

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HC-KAR

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THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 14/3, I FLOOR, MAHARSHI ARAVIDA BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560009.

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…RESPONDENTS

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(BY SRI.HARISHA A.S., AGA FOR R-1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R-2 & R-3)

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THIS WRIT PETITION IS FILED PRAYING TO (I) ISSUE OF WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE IMPUGNED GENERAL AWARD VIDE BEARING NO.KIADB/ LAQ/ 1261/ 2022-23 DATED 12/07/2022 AS PER ANNEXURE-B, PASSED BY THE RESPONDENT NO.3; (II) ISSUE A WRIT OF MANDAMUS TO THE RESPONDENT CONSIDER THE REQUEST OF THE PETITIONER AS PER ANNEXURE-G DATED 04/10/2024 AND CONSENT AWARD BY WAY OF AGREEMENT UNDER SECTION 29(6) OF KIAD ACT OR IN THE ALTERNATIVE, (III) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO PASS AWARD AS CONTEMPLATED UNDER THE PROVISIONS OF THE RIGHT TO FARE COMPENSATION AND REHABILITATION ACT 2013 AS ASSURED BY THEM IN RESPECT OF LAND BELONGING TO THE PETITIONER AND,(IV) TO ISSUE SUCH OTHER WRIT, ORDER OR DIRECTION OR TO GRANT SUCH OTHER RELIEFS AS DEEMED TO FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2025:KHC:53762 WP No. 37669 of 2025

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HC-KAR

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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 for respondent No.1.

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Sri. P.V.Chandrashekar, learned counsel accepts

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notice for respondent Nos.2 and 3.

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Petitioner is before this Court seeking for the following reliefs:

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"(i) Issue of writ of certiorari or any other writ or order quashing the impugned general award vide bearing No.KIADB/LAQ/1261/2022-23 dated 12/07/2022 as per Annexure-B, passed by the respondent No.3;

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(ii) Issue a writ of mandamus to the respondent consider the request of the petitioner as per Annexure-G dated 04/10/2024 and consent award by way of agreement under Section 29(6) of KIAD Act or in the alternative,

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(iii) Issue writ of mandamus directing the respondents to pass award as contemplated under the provisions of the Right to Fare Compensation and Rehabilitation Act 2013 as assured by them in respect of land belonging to the petitioner and,

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(iv) To issue such other writ, order or direction or to grant such other reliefs as deemed to fit under the facts and circumstances of the case, in the interest of justice and equity."

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HC-KAR

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Heard learned counsel appearing for the

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petitioner, learned AGA for respondent No.1 and learned counsel appearing for respondent Nos.2 and 3.

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During the course of the arguments, learned

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counsel for the petitioner submits that the petitioner claims developed land in lieu of the compensation under Section 29(2) of the KIAD Act, 1966.

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Both learned counsel appearing for the parties

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fairly submit that in identical matters, the Co-ordinate Bench of this Court has considered the issue and answered the same in favour of the petitioner. One such petition is

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in the case of VENKATACHALAIAH AND ANOTHER VS.

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STATE OF KARNATAKA AND OTHERS,¹ . This Court, relying upon the earlier decision of the Co-ordinate Bench

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of this Court in the case of SMT MUNIYAMMA AND

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1 WP.No.15886/2025 D.D 01.07.2025

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HC-KAR

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OTHERS Vs. THE STATE OF KARNATAKA AND

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OTHERS² , had granted similar reliefs.

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Consequently, noting the submission of both

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sides, the present petition also needs to be proceeded in the similar manner and this Court pass the following:

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ORDER

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i) The writ petition is disposed of .

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ii) The impugned General Award dated 12.07.2022 at Annexure-B, insofar as petitioner's land is concerned, is hereby quashed .

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iii) Respondent No.3 is directed to consider the claim of the petitioner under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 within an outer limit of four months from the date of receipt of a copy of this order.

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