Karnataka High Court
Sri Mallikarjunaiah vs The State Of Karnataka on 6 March, 2026
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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NC: 2026:KHC:13668
WP No. 7352 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 7352 OF 2026 (LA-KIADB)
BETWEEN:
SRI. MALLIKARJUNAIAH
S/O OBANAIKA,
AGE ABOUT 56 YEARS,
R/AT EMMERAHALLI VILLAGE,
KASABA HOBLI, SIRA TALUK,
TUMKUR DISTRICT - 572137.
...PETITIONER
(BY SRI. OMKARA MURTHY G., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
DEPARTMENT OF COMMERCE AND INDUSTRIES,
VIDHANA SOUDHA
Digitally BANGALORE - 560001.
signed by
VIDYA G R
Location: 2. THE KARNATAKA INDUSTRIAL AREA
HIGH COURT
OF DEVELOPMENT BOARD,
KARNATAKA BY ITS CHIEF EXECUTIVE OFFICER
AND EXECUTIVE MEMBER,
KHANIJA BHAVANA 4TH AND 5TH FLOOR,
RACE COURSE ROAD,
BANGALORE - 01.
3. THE SPECIAL LAND ACQUISITION OFFICER NIMZM
THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
I FLOOR MARUTHI TOWER,
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NC: 2026:KHC:13668
WP No. 7352 of 2026
HC-KAR
NEAR SIT MAIN GATE,
TUMKUR - 572103.
...RESPONDENTS
(BY SRI. A.S. HARISH, AGA, FOR R1;
SRI. P. V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE GENERAL AWARD BEARING
NO.SLAO/KIADB/TU/NO./2019-20 DATED 11/05/2020 PASSED
BY 3RD RESPONDENT IN RESPECT OF THE PETITIONER WAS
THE ABSOLUTE OWNER OF LAND BEARING SY.NO.64
MEASURING 04 ACRES 10 GUNTAS, SITUATED AT MUDIGERE
KAVAL VILLAGE, KASABA HOBLI, SIRA TALUK, TUMKUR
DISTRICT, OF PETITIONER IS CONCERNED, WHICH IS
PRODUCED AT ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
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 for respondent No.1. Sri. P.V. Chandrashekar, learned counsel accepts notice for respondents 2 and 3.
The matter is taken up for disposal by consent.
2. Petitioner has sought for setting aside of the general award and further sought for a direction that instead of compensation by way of cash, in terms of the -3- NC: 2026:KHC:13668 WP No. 7352 of 2026 HC-KAR Government Order dated 23.02.2021 the developed land may be directed to be offered to the petitioner.
3. It is noticed that the petitioner is the absolute owner of an extent of 4 acres 10 guntas in Sy.No.64 of Mudigere Kaval Village, Kasaba Hobli, Sira Taluk, Tumkur District.
4. It is submitted that the property of the petitioner was notified under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act'). Petitioner submits that he is willing for a consent award being passed and that compensation may be granted by way of developed land in lieu of cash compensation in terms of the Government Order dated 23.02.2021.
5. Reliance is placed on the order passed in W.P.No.21363/2025. The relevant paragraphs of the said order reads as follows:
-4-NC: 2026:KHC:13668 WP No. 7352 of 2026 HC-KAR "3. The issue raised in this petition regarding prayer (c) to quash the impugned General Award is squarely covered by the several decisions of this Court and one such order is passed in RUKMINAMMA VS STATE OF KARNATAKA AND OTHERS - W.P.NO. 3092/2025 D.D. 05.02.2025.
Undisputedly, the petitioner's land to the extent of 10½ guntas has been acquired under the notification, and the acquisition proceedings have attained finality.
4. Learned counsel for the 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.
5. 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.
6. The submission is placed on record.
7. Accordingly, this Court pass the following :
ORDER
(i) The Writ Petition is allowed in part.-5-
NC: 2026:KHC:13668 WP No. 7352 of 2026 HC-KAR
(ii) The impugned General Award dated 29.03.2025 passed by the third respondent at Annexure-B in so far as the petition schedule property is concerned, is hereby quashed.
(iii) The third respondent is directed to consider the petitioner's representation dated 15.03.2025 in terms of the Government Order dated 23.02.2021 and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a certified copy of this order.
(iv) It is needles to state that in the event of any dispute, the General Award stand restored.
(v) Respondent No.3 is at liberty to withdraw the amount deposited before this Court in respect of the schedule land in question."
6. In light of the observations made in W.P.No.21363/2025, the following order is passed:
ORDER
(i) The petition is allowed-in-part.
(ii) The impugned general award dated 11.05.2020 at Annexure-A insofar as the petition schedule property is concerned is quashed.-6-
NC: 2026:KHC:13668 WP No. 7352 of 2026 HC-KAR
(iii) Respondent No.3 is directed to consider the case of the petitioner in terms of the observations made above and in terms of the Government Order dated 23.02.2021 and pass appropriate orders in accordance with law within 3 months from the date of receipt of certified copy of this order.
(iv) Needless to state, in the event if there is any dispute, the general award at Annexure-A would stand restored.
(v) Respondent No.3 is at liberty to withdraw the award amount, if deposited before the Civil Court in respect of the schedule land in question.
Sd/-
(S SUNIL DUTT YADAV) JUDGE MCR