Kumari Pavithra G S Vs State of Karnataka

KUMARI PAVITHRA G. S. D/O SUBBARAYAPPA, AGED ABOUT 10 YEARS, SINCE MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT. KARIYAMMA W/O SUBBARAYAPPA, AGED ABOUT 35 YEARS, R/A GOTTIGEREPALYA VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 123.

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Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA

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REPRESENTED BY THEIR SPA HOLDER SRI. THIMMARAJU.V S/O LATE VENKATAGIRIYAPPA, AGED ABOUT 45 YEARS, R/A BHOVIPALYA VILLAGE, SEETHAKAL POST, URDIGERE HOBLI, TUMKUR TALUK AND DISTRICT - 572 140.

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…PETITIONER

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

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AND:

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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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2 -

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NC: 2026:KHC:2631 WP No. 901 of 2026

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HC-KAR

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KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD A GOVERNMENT OF KARNATAKA UNDERTAKING, NO. 14/3, 2ND FLOOR, R.P. BUILDING, NRUPATHUNGA ROAD, BENGALURU 560 001. REPRESENTED BY ITS JOINT DIRECTOR

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AND CHIEF EXECUTIVE OFFICER.

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THE SPECIAL LAND ACQUISITION OFFICER-I (BMICP) AND BENGALURU RURAL, NELAMANGALA TALUK, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, PALACE ROAD, BENGALURU 560 001.

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…RESPONDENTS

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(BY SRI. HARISHA A. S., AGA FOR R1; SRI. H. C. PRADEEPKUMAR, ADVOCATE FOR R2 & R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED GENERAL AWARD DATED 22.07.2022 VIDE ANNEXURE-F BEARING NO. KIADB/LAQ//2022-23 PASSED BY THE 3 RESPONDENT AUTHORITY IN SO FAR AS IT RELATES TO THE LAND OWNED BY THE PETITIONER BEARING SY. NO. 76 MEASURING TO AN EXTENT OF 01 ACRE 13 GUNTAS SITUATED AT AVVERAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT.

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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 for respondent No.1.

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NC: 2026:KHC:2631 WP No. 901 of 2026

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HC-KAR

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Sri. H.C. Pradeepkumar, learned counsel accepts

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notice for respondents 2 and 3.

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The matter is taken up for disposal by consent.

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The petitioner has sought for issuance of writ of

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certiorari to set aside the general award dated 22.07.2022 passed by respondent No.3 insofar as it relates to the land owned by the petitioner bearing Sy. No.76 measuring 1 acre 13 guntas situated at Avverahalli Village, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District. Petitioner has also sought for a relief in the nature of direction to the respondent - Authorities to consider the case of the petitioner to award compensation in terms of agreement under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act').

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The case of the petitioner is that he was willing for a consent award and accordingly, the question of passing of general award does not arise.

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NC: 2026:KHC:2631 WP No. 901 of 2026

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HC-KAR

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Learned counsel for the respondent - Karnataka

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

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(i) The impugned general award at Annexure-F insofar as the petitioner's land is concerned, is set aside.

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(ii) 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

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