Sri a v Neelakantaiah Vs State of Karnataka

SRI A V NEELAKANTAIAH S/O VEEREGOWDA, AGED ABOUT 73 YEARS, R/A AVVERAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 111.

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… PETITIONER

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(BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE)

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AND:

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Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BENGALURU - 560 001.

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KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD A GOVERNMENT OF KARNATAKA UNDERTAKING, NO. 14/3, 2^ND FLOOR, RP BUILDING, NRUPATHUNGA ROAD, BENGALURU - 560 001. REPRESENTED BY ITS JOINT DIRECTOR AND CHIEF EXECUTIVE OFFICER

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HC-KAR

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THE SPECIAL LAND ACQUISITION OFFICER-II (BMICP) AND BENGALURU RURAL, NELAMANGALA TALUK, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO. 14/3, 2^ND FLOOR, RP BUILDING, NRUPATHUNGA ROAD, BENGALURU - 560 001.

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… RESPONDENTS

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(BY SMT. K.P. YASHODHA, AGA FOR R1; SRI VASANTHA, ADVOCATE FOR R2 AND R3)

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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 AWARD DATED 01.08.2023 VIDE ANNEXURE-B BEARING NO. KIADB/LAQ/2978/2023-24 PASSED BY THE 3^RD RESPONDENT AUTHORITY IN SO FAR AS IT RELATES TO THE LAND OWNED BY THE PETITIONER BEARING SY. NO. 35/5 MEASURING TO AN EXTENT OF 1 ACRE 39 GUNTAS SITUATED AT AVVERAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT 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 MR. JUSTICE S SUNIL DUTT YADAV

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HC-KAR

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ORAL ORDER

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Learned AGA is directed to take notice for respondent no.1.

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Learned Counsel Sri.Vasantha accepts notice for respondent nos.2 and 3.

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The petitioner has filed the present petition seeking to set aside the General Award at Annexure-B passed by the third respondent insofar as it relates to land owned by the petitioner bearing Sy.No.35/5 measuring 01 Acre 39 Guntas, situated at Avverahalli Village, Sompura Hobli, Nelamangala Taluk. Further direction is sought to the respondent authorities to consider the case of the petitioner for award of compensation in terms of Section 29 (2) of the KIAD Act.

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It is further submitted that in terms of Government Order dated 23.02.2021, developed land may be handed over to the petitioner in lieu of compensation and thereby the award could be passed in terms of Section

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HC-KAR

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29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short KIAD Act). It is further submitted that in terms of the Government Order dated 23.02.2021, developed land may be handed over to the petitioner in lieu of compensation.

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Learned Counsel for 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 Government Order dated 23.02.2021, the same will be considered by the authority in accordance with law.

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In light of the said stand, taking note of the directions passed in W.P.No.36627/2025, 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 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 three months from the date of receipt of copy of this order.

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It is made clear that, in the event if there is any

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dispute with regard to entitlement and apportionment of the award amount, the general award at Annexure-A would stand revived.

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Liberty is reserved to the Special Land Acquisition Officer, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to the general award.

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