Sri. Muthu C Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Sri. Muthu C Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petition allowed and disposed of: General Award at Annexure-F set aside insofar as the petitioner's land is concerned; Respondent No.3 directed to consider and pass a Consent Award under Section 29(2) of the KIAD Act within four months; liberty to SLAO-KIADB to withdraw the amount deposited before the Civil Court pursuant to the General Award; General Award to revive if entitlement/apportionment of the award amount is disputed.

Issue for consideration

Whether the impugned General Award at Annexure-F in respect of the petitioner's property should be set aside and the respondents directed to consider the petitioner for a Consent Award under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966.

Court's answer

The petition is allowed.

Ratio / Principle

The impugned General Award at Annexure-'F' insofar as the petitioner's land is concerned, is set aside.

Key takeaways

Respondent No.3 (SLAO-2, KIADB) 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 the order.ratio¶38
In the event of any dispute with regard to entitlement and apportionment of the award amount, the impugned General Award at Annexure-'F' would stand revived.ratio¶40
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.

Detailed headnote1 paragraphs

KIAD Act — General Award v. Consent Award — S. 29(2) — Writ of certiorari and mandamus. Petitioner sought quashing of the General Award dated NIL (No. KIADB/KRIDE/BHUSWA/C2/R/15/34/MATHIKERE/05/2025-26) passed by SLAO-2, KIADB in respect of property bearing Municipal No. 16/2 (PID No. 4-22-16/2), carved out of Sy. No. 50, Mathikere Extension (Annexure-F), and a direction to consider him/her for a Consent Award under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966. Counsel for KIADB submitted that the petition could be disposed of by setting aside the General Award qua the petitioner and having the SLAO consider a Consent Award as per law. Taking note of directions in W.P.No.15026/2021, the Court allowed the petition and disposed of it: the General Award was set aside insofar as the petitioner's land is concerned; Respondent No.3 was directed to consider and pass a Consent Award under Section 29(2) of the KIAD Act within four months of receipt of the order copy; the General Award would revive in the event of any dispute as to entitlement and apportionment of the award amount; and liberty was reserved to the SLAO, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to the General Award.

NC: 2026:KHC:13504 WP No. 6888 of 2026

1 -

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

WRIT PETITION NO. 6888 OF 2026 (LA-KIADB)

BETWEEN:

SRI. MUTHU C, S/O. SEENI AGED ABOUT 51 YEARS, R/AT NO. 2, 3^RD MAIN ROAD, 1^ST B CROSS, MATHIKERE, BANGALORE-560054

…PETITIONER

(BY SRI. SHARAN N.MAJAGE.,ADVOCATE)

AND:

THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE-560 001

Digitally signed 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT by BOARD, REP. BY ITS CHIEF EXECUTIVE OFFICER AND SHARADAVANI EXECUTIVE MEMBER, KHANIJA BHAVANA, B RACE COURSE ROAD, Location: HIGH BENGALURU-560001 COURT OF KARNATAKA 3. THE SPECIAL LAND ACQUISITION OFFICER-2, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, 1ST FLOOR, CFC BUILDING, MAHARSHI ARAVINDA BHAVAN, NRUPATUNGA ROAD, BANGALORE-560 001

…RESPONDENTS

2 - NC: 2026:KHC:13504 WP No. 6888 of 2026

HC-KAR

(BY SRI. A.S. HARISH, AGA FOR R1; SRI H.L.PRADEEP KUMAR, ADVOCATE FOR R2 AND R3)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI QUASHING THE GENERAL AWARD DATED. NIL BEARING NO. KIADB/KRIDE/BHUSWA/C2/R/15/34/MATHIKERE/05/2025-26 PASSED BY THE RESPONDENT NO. 3 IN RESPECT OF LAND IN PROPERTY BEARING MUNICIPAL NO. 16/2 (PID NO. 4-22-16/2), CARVED OUT OF SY. NO. 50, SITUATED AT 1ST MAIN, MATHIKERE EXTENSION, WARD NO. 4, MATHIKERE, BENGALURU NORTH TALUK, BENGALURU, IN SO FAR AS THE PETITIONER IS CONCERNED, WHICH IS PRODUCED AT ANNEXURE-F.

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

CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

ORAL ORDER

Learned Additional Government Advocate accepts notice of respondent No.1. Learned counsel Sri. H.L. Pradeep Kumar, accepts notice for respondents No.2 and 3. The matter is taken up for disposal by consent.

3 - NC: 2026:KHC:13504 WP No. 6888 of 2026

HC-KAR

The petitioner has sought for issuance of writ of certiorari to set aside the impugned General Award at Annexure-'F' 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.

The petitioner submits that she was ready to

accept consent award and accordingly, the question of passing of general award does not arise.

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.

4 -

NC: 2026:KHC:13504 WP No. 6888 of 2026

HC-KAR

In light of the said stand, taking note of the

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

(i) The petition is allowed.

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

(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.

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

dispute with regard to entitlement and apportionment of the award amount, the impugned General Award at Annexure-'F' would stand revived.

NC: 2026:KHC:13504 WP No. 6888 of 2026

5 -

HC-KAR

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.

Accordingly, the petition is disposed of in

terms of the above.

Sd/(S SUNIL DUTT YADAV) JUDGE

HR

List No.: 1 Sl No.: 7