Smt Suma Vs State of Karnataka

SMT SUMA W/O.CHIDANANDA MURTHY, AGED ABOUT 44 YEARS, RESIDING AT NO 297, 3^RD CROSS, MANJUNATH NAGAR, BAIRAPPA LAYOUT, NAGASANDRA, BENGALURU NORTH TALUK, BENGALURU - 560073

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…PETITIONER

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(BY SRI. SUNIL KUMAR PATEL.,ADVOCATE)

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AND:

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STATE OF KARNATAKA Digitally signed DEPARTMENT OF COMMERCE AND INDUSTRIES, by VIKAS SOUDHA, BENGALURU -560001 SHARADAVANI BY ITS SECRETARY B

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Location: HIGH 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT COURT OF KARNATAKA BOARD, PREVIOUSLY AT EAST WING, KHANIJA BHAVAN, BENGALURU-560001. NOW AT NO. 2, ACHARYA TULASI MARG, 2/1 AND 2/3, KALIDASA MARG, GANDHI NAGAR, BENGALURU-560009 REPRESENTED BY CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER

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2 -

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NC: 2026:KHC:13502 WP No. 5855 of 2026

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HC-KAR

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SPL. LAND ACQUISITION OFFICER-2, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, C.F.C. BUILDING, MAHARSHI ARAVIND BHAVAN, 1ST FLOOR, NRUPATUNGA ROAD, BENGALURU-560 001.

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…RESPONDENTS

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

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE COSTITUTION OF INDIA PRAYING FOR A DIRECTION BY QUASHING IMPUGNED GENERAL AWARD DTD. 09/01/2023 BNO.KIADB/LAQ/1370/22-23 PASSED BY THE R3, QUA PETITIONERS VIDE ANNX-A SO FAR AS THE PETITIONER IS CONCERNED 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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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. Chandrashekar accepts notice for respondents No.2 and 3. The matter is taken up for disposal by consent.

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3 - NC: 2026:KHC:13502 WP No. 5855 of 2026

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HC-KAR

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The petitioner has sought for issuance of writ of certiorari to set aside the impugned General Award at Annexure-'A' insofar as the petitioner's property is concerned and issue writ in the nature of mandamus to direct the respondents to 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 Consent Award.

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The petitioner submits that she was ready to

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accept 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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4 -

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NC: 2026:KHC:13502 WP No. 5855 of 2026

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HC-KAR

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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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(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 four months from the date of receipt of copy of this order.

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