Sri K Nanjegowda Vs the State of Karnataka

KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560 001

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THE SPECIAL LAND ACQUISITION OFFICER-2, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, 1^ST FLOOR, CFC BUILDING, MAHARSHI ARAVINDA BHAVAN, NRUPATUNGA ROAD, BANGALORE-560 001.

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… RESPONDENTS

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(BY SRI. HARISH A.S., AGA FOR R1;

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SRI H.L. PRADEEP KUMAR, ADVOCATE FOR R2 AND R3)

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HC-KAR

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED GENERAL AWARDS BEARING NO. KIADB/LAQ/2025/2023-24 DATED 06.06.2023 (ANNEXURE-E), NO. KIADB/LAQ/2023-24 DATED 28.06.2023 (ANNEXURE-F, F1) AND NO. KIADB/LAQ/58/2024-25, NO.KIADB/LAQ/202425, NO.KIADB/LAQ/56/2024-25, NO.KIADB/LAQ/59/2024-25 AND NO.KIADB/LAQ/60/2024-25 DATED 29.04.2024 (ANNEXURE-G, G1, G2, G3 AND G4) PASSED BY THE 3^RD RESPONDENT IN RESPECT OF THE PETITIONERS' LANDS BEARING SY.NOS. 8/3, 80/3, 81/1, 87/4, 90/1, 91/1, 92 AND 93 OF DODDAGOLLAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK AND ETC.

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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 MR. JUSTICE S SUNIL DUTT YADAV

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ORAL ORDER

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Learned Additional Government Advocate accepts notice for respondent No.1.

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Sri. H.L. Pradeep Kumar, learned counsel accepts notice for respondents 2 and 3.

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Petitioners have sought for setting aside of the

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general awards at Annexures E, F, F1, G, G1, G2, G3 and G4 insofar as the lands of the petitioners are concerned. Petitioners have also sought for consideration of the

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HC-KAR

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representations at Annexures-H to H8. The details of the

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challenge by the petitioners are as follows:

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Petitioner	Sy. No.	Extent of Land	Representation Annexure	Representation date
P2 to P4	81/1	1A-19G	Annexure-H	06.06.2025
P6 & P7	91/1	1A-15G	Annexure-H1	20.01.2026
P6 & P7	81/1, 92 & 93	0 A - 21G, 2A-07G, & 2A-35G	Annexure-H2	20.01.2026
P5	92, 93 & 81/1	4A-13G, 2A - 31 G & 1A-2G	Annexure-H3	20.01.2026
P1	8/3	0 A - 31 G	Annexure-H4	05.02.2026
P1	90/1	1 A - 19G	Annexure-H5	05.02.2026
P1	87/4	0A - 26 G	Annexure-H6	09.02.2026
P4	92	1 A - 36 G	Annexure-H7	23.02.2026
P3	93	2 A - 19G	Annexure-H8	23.02.2026

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Learned counsel for petitioners submits that petitioners were ready for passing of the award by way of agreement in terms of Section 29(2) of the Karnataka

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HC-KAR

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Industrial Areas Development Act, 1966 (for short 'the Act') and are ready to accept the developed land as compensation in lieu of cash compensation in terms of policy of the respondent - Karnataka Industrial Areas Development Board (KIADB) as contained in the Government Order dated 23.02.2021. Accordingly, it is submitted that the general awards may be set aside and the matter be disposed of with a direction to respondent - KIADB to consider the representations of the petitioners to pass award in terms of Section 29(2) of the Act, with a further direction to consider grant of compensation by way of developed land.

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Sri. H. L Pradeep Kumar, learned counsel

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appearing for respondent-KIADB submits that the Court may proceed to pass appropriate orders, in light of the limited grievance of the petitioners.

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HC-KAR

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Accordingly, the general awards at Annexures

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E, F, F1, G, G1, G2, G3 and G4 insofar as petitioners properties are concerned are set aside.

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Respondents 2 and 3 are directed to consider

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the request of the petitioners for grant of developed land in lieu of cash compensation in terms of the Government Order dated 23.02.2021.

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Liberty is reserved to the Special Land Acquisition Officer to withdraw the amount, if deposited pursuant to the general award before the Civil Court. In the event of any dispute with regard to entitlement and apportionment of award amount general awards at Annexures E, F, F1, G, G1, G2, G3 and G4 would stand revived.

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Respondents 2 and 3 are directed to consider the claim of the petitioners for passing an award in terms of Section 29(2) of the Act and also as regards granting of developed land in lieu of cash compensation. Such

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