Smt. Lakshmidevi Babulal Vs the State of Karnataka

KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560001

¶15

THE SPECIAL LAND ACQUISITION OFFICER-2, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, 1^ST FLOOR, CFC BUILDING,

¶16

2 -

¶17

NC: 2026:KHC:32398 WP No. 19234 of 2026

¶18

HC-KAR

¶19

MAHARSHI ARAVINDA BHAVAN, NRUPATUNGA ROAD, BANGALORE-560 001

¶20

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

¶21

…RESPONDENTS

¶22

(BY SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;

¶23

SRI. H.L.PRADEEP KUMAR, ADVOCATE FOR RESPONDENT NOS.2 AND 3)

¶24

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD BEARING NO.KIADB/METRO/BHUSWA/R5-343A/2017-18, DATED 15.07.2018 PASSED BY THE RESPONDENT NO.3 IN RESPECT OF LAND IN PROPERTY BEARING IDENTIFICATION NUMBER R5-343A MEASURING 20.36 SQ. MTRS., CARVED OUT OF LAND IN SY.NO.49/1, NO. 1, 2 AND 3 BBMP KHATHA NO.320/309/326C/1,3,2 SITUATED AT SINGASANDRA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, IN SO FAR AS THE PETITIONER IS CONCERNED, WHICH IS PRODUCED AT ANNEXURE-H AND ETC.

¶25

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

¶26

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

¶27

3 - NC: 2026:KHC:32398 WP No. 19234 of 2026

¶28

HC-KAR

¶29

ORAL ORDER

¶30

The petitioner has sought for a writ in the nature of certiorari to quash the general award bearing No. KIADB/METRO/BHUSWA/R5-343a/2017-18 dated 15.07.2018 passed by respondent No.3 and direct the respondents to pass a consent award under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (henceforth referred to as 'KIAD Act').

¶31

(i) The petitioner claims to be the owner of the properties bearing Nos.1, 2 and 3, BBMP khata No.320/309/326C/1,3,2 situate at Singasandra Village, Begur Hobli, Bengaluru South Taluk, which purportedly was acquired by the respondent No.1 for the purposes of the respondent No.4. She contends that respondent No.3 passed a general award as per Annexure - H dated 15.07.2018. She claims that as there was certain dispute regarding title of the subject property, respondent No.2 referred the matter for apportionment of compensation to the Civil Court under Sections 30 and 31(2) of the Land Acquisition Act, 1894 and the same was registered as LAC No.113/2018. The respondent

¶32

4 - NC: 2026:KHC:32398 WP No. 19234 of 2026

¶33

HC-KAR

¶34

No.2 deposited a sum of Rs.5,27,267/- before the Civil Court. The Reference Court allowed the claim of petitioner vide judgment and award dated 04.12.2024 and held that she is the absolute owner of the acquired property measuring 20.36 sq.mtrs. and is entitled to receive the compensation.

¶35

(ii) She further claims that despite the Civil Court allowing her claim and recording a finding that she has proved her title and is entitled to receive compensation, respondent No.2 has failed to disburse the compensation amount to her. She contends that respondent No.2 without affording her an opportunity to produce the title documents or to give her consent for passing a consent award based on the price determined by the Price Determination Committee constituted by respondent No.4, proceeded to pass the general award. The petitioner is therefore before this Court challenging the general award and seeks a direction to respondent No.2 to pass a consent award.

¶36

The learned counsel for the petitioner reiterated the above submissions.

¶37

5 - NC: 2026:KHC:32398 WP No. 19234 of 2026

¶38

HC-KAR

¶39

The learned counsel for the respondent Nos.2 and 3 does not dispute the fact that the respondent No.4 has constituted a Committee for determination of the price of the acquired land and that higher compensation is determined by way of consent.

¶40

In that view of the matter, it is appropriate that the impugned general award is set at nought and a direction is issued to respondent No.3 to pass a consent award under Section 29(2) of the KIAD Act.

¶41

In view of the above, the petition is allowed . The impugned general award bearing No.KIADB/METRO/BHUSWA/R5-343A/2017-18 dated 15.07.2018 in respect of the property bearing khata No.320/309/326C/1,3,2 measuring 3600 sq. feet situate at Singasandra Village, Begur Hobli, Bengaluru South Taluk is quashed. The respondent No.3 is directed to pass a consent award under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 within a period of three months from the date of receipt of a certified copy of this order.

¶42