The Karnataka Industrial Areas Development Board Vs Sri.K. Srinivas

THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD (KIADB ) REPRESENTED BY ITS EXECUTIVE DIRECTOR HEAD OFFICE AT NO.14/3 2ND FLOOR, NRUPATHUNGA ROAD BENGALURU-560 002

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Digitally signed by RAKSHA Location: High Court of Karnataka

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NOTE: THE PRESENT ADDRESS AND DESIGNATION IS THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.49, 4TH FLOOR KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU-560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER.

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THE SPECIAL LAND ACQUISTION OFFICER THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.14/3, 2ND FLOOR RASHTROTHANA PARISHAD BUILDING NRUPATHUNGA ROAD BENGALURU-560 002.

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NC: 2026:KHC:33788-DB WA No. 934 of 2023 C/W WA No. 926 of 2023

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HC-KAR

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NOTE: THE PRESENT AND CORRECT ADDRESS IS THE SPECIAL LAND ACQUISTION OFFICER-NIMZ THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD MARUTHI TOWERS 1ST FLOOR, NEXT TO SIT COLLEGE B.H. ROAD TUMKUR-572 102.

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…APPELLANTS

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(BY SRI CHANDRASHEKAR P.V., ADVOCATE)

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AND:

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SMT. TULASAMMA AGED ABOUT 67 YEARS W/O. KANNAPPA RESIDING AT NO.126 3RD CROSS, BHASHYAM NAGARA SRI RAMPURA BENGALURU-560 021.

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRY M.S. BUILDING DR. AMBEDKAR ROAD BENGALURU-560 001.

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…RESPONDENTS

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(BY SRI AJAY N. FOR SRI MITHUN G.A., ADVOCATES FOR R-1; SRI VIKAS ROJIPURA, AGA FOR R-2)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 14-2-2023 PASSED IN WRIT PETITION NO.46773 OF 2013 INSOFAR GRANTING/EXTENDING RELIEF TO THE 1ST RESPONDENT WRIT PETITIONER AS PER ORDER DATED 10-2-2023 PASSED WRIT PETITION NO.61426 OF 2016 IN THE CASE OF M.V. GURUPRASAD AND ANOTHER PASSED BY THE LEARNED SINGLE

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3 - NC: 2026:KHC:33788-DB WA No. 934 of 2023 C/W WA No. 926 of 2023

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HC-KAR

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JUDGE OF THIS HON'BLE COURT AND CONSEQUENTLY DISMISS THE WRIT PETITION.

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IN WA NO.926/2023

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BETWEEN:

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THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD (KIADB ) REPRESENTED BY ITS EXECUTIVE DIRECTOR HEAD OFFICE AT NO.14/3 2ND FLOOR, NRUPATHUNGA ROAD BENGALURU-560 002

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NOTE: THE PRESENT ADDRESS AND DESIGNATION IS THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.49, 4TH FLOOR KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU-560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER.

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THE SPECIAL LAND ACQUISTION OFFICER THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.14/3, 2ND FLOOR RASHTROTHANA PARISHAD BUILDING NRUPATHUNGA ROAD BENGALURU-560 002.

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NOTE: THE PRESENT AND CORRECT ADDRESS IS THE SPECIAL LAND ACQUISTION OFFICER-NIMZ THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD MARUTHI TOWERS 1ST FLOOR, NEXT TO SIT COLLEGE B.H. ROAD TUMKUR-572 102.

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...APPELLANTS

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(BY SRI CHANDRASHEKAR P.V., ADVOCATE)

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NC: 2026:KHC:33788-DB WA No. 934 of 2023 C/W WA No. 926 of 2023

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HC-KAR

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AND:

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SRI K. SRINIVAS AGED ABOUT 47 YEARS S/O. KANNAPPA RESIDING AT NO.126 3RD CROSS, BHASHYAM NAGAR SRI RAMPURA BENGALURU-560 021.

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SRI K VIJAY KUMAR AGED ABOUT 43 YEARS S/O. KANNAPPA RESIDING AT NO.126 3RD CROSS, BHASHYAM NAGARA BENGALURU-560 021.

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRY M.S. BUILDING DR. AMBEDKAR ROAD BENGALURU-560 001.

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...RESPONDENTS

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(BY SRI AJAY N., FOR SRI MITHUN G.A., ADVOCATES FOR

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R-1 AND R-2;

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SRI VIKAS ROJIPURA, AGA FOR R-3)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 14-2-2023 PASSED IN WRIT PETITION NO.46774 OF 2013 IN SO FAR GRANTING/EXTENDING RELIEF TO THE 1ST RESPONDENT WRIT PETITIONER AS PER ORDER DATED 10-2-2023 PASSED WRIT PETITION NO.61426 OF 2016 IN THE CASE M.V. GURUPRASAD AND ANOTHER PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND CONSEQUENTLY DISMISS THE WRIT PETITION.

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THESE WRIT APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2026:KHC:33788-DB WA No. 934 of 2023 C/W WA No. 926 of 2023

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HC-KAR

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VENKATESH NAIK T

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ORAL JUDGMENT

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(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

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These writ appeals are preferred against the judgment

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dated 14.02.2023 by the appellants-KIADB in W.P.No.46773/2013 c/w W.P.No.46774/2013(LA-KIADB).

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We have heard learned counsel for the appellantsKIADB, learned Addl. Government Advocate for respondent State and learned counsel for respondent Nos.1 and 2 in respective appeals.

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It is submitted by learned counsel for the appellants - KIADB that the writ petitions were disposed of directing consideration of the claim for compensation of the land-losers in the light of the decision in M V Guruprasad v. State of

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Karnataka(W.P.No.61426/2016 decided on 10.02.2023 ).

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Learned counsel for the appellants' submits that the decision in W.P.No.61426/2016 has been reversed in W.A.No.1382/2023. It is further submitted by the learned

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HC-KAR

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counsel for the appellants that in the above view of the matter, since the question of legality of the acquisition is upheld, the question that remains is only with regard to compensation to be paid to the land owners. The learned counsel would also contend that the matter is covered in favour of the appellants.

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Learned counsel for respondents-land owners on the other hand submits that respondents-land owners are willing to accept the judgment with regard to the legality of the land acquisition. However, in lieu of monetary benefits, they are claiming grant of developed sites in terms of the Government Order dated 23.02.2021.

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Having considered the contentions advanced, we are of the opinion that it is for the KIADB to consider the said request made by the writ petitioners in terms of the Government Order dated 23.02.2021.

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In the facts and circumstances of the cases, the writ appeals are allowed-in-part . The acquisition initiated by preliminary notification dated 01.12.2009 is upheld. In the light of the request made by the learned counsel for respondents-

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NC: 2026:KHC:33788-DB WA No. 934 of 2023 C/W WA No. 926 of 2023

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HC-KAR

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land owners, it is directed that while granting compensation in respect of the acquired lands, the KIADB shall consider the request of the respondents-land owners for grant of developed sites in lieu of cash compensation in terms of the Government

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Order dated 23.02.2021.

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Sd/(ANU SIVARAMAN) JUDGE

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Sd/(VENKATESH NAIK T) JUDGE

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MN List No.: 1 Sl No.: 44

The Karnataka Industrial Areas Development Board v. Sri.K. Srinivas

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The Karnataka Industrial Areas Development Board v. Sri.K. Srinivas

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