Shri S Gopala Vs the State of Karnataka

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

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2 - NC: 2026:KHC:21403 WP No. 11475 of 2026

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HC-KAR

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THE SPECIAL LAND ACQUISITION OFFICER-1 THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.14/1, ARVINDA BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001

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… RESPONDENTS

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(BY SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3; SRI HARISH A.S., AGA FOR R1)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE GENERAL AWARDS DATED 22-09-2017 BEARING NO. KIADB/LAQ: 201718 VIDE ANNEXURE-A PASSED BY THE THIRD RESPONDENT 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

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notice of respondent No.1. Learned counsel Sri P.V.

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Chandrashekar accepts notice for respondent Nos.2 and 3.

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The matter is taken up for disposal by consent.

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The present petition has been filed seeking for

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issuance of writ of certiorari to set aside the General

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HC-KAR

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Award passed on 22.09.2017 insofar as the property of the petitioner and consider the case of the petitioner in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short KIAD Act) and to pass a consent Award.

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The case of the petitioner is that he was willing

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for a consent Award and accordingly, the question of passing of General Award does not arise.

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Learned counsel for the respondent - Karnataka Industrial Area Development Board (KIADB) submits that the petition itself could be disposed of while setting aside the General Award insofar as the petitioner is concerned and the respondent - Special Land Acquisition Officer, KIADB would consider the request of the petitioner and pass a consent Award as per law.

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In light of the said stand, taking note of the

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directions passed in W.P.No.15026/2021, the petition is disposed of as follows:-

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HC-KAR

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(i) The petition is allowed.

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(ii) The impugned General Award at Annexure-'A' dated 22.09.2017 insofar as the petitioner's land is concerned, is set aside.

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(iii) Respondent No.3 is directed to consider the claim of the petitioner for passing of consent award and pass a consent award in terms of Section 29(2) of the KIAD Act, within a period of four months from the date of receipt of copy of this order.

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