Karnataka High Court
Smt. Jayanthi N Rao vs The State Of Karnataka on 8 September, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC:35503
WP No. 10343 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 10343 OF 2025 (LA-KIADB)
BETWEEN:
SMT. JAYANTHI N. RAO,
W/O LATE NARAYANARAO,
AGED ABOUT 63 YEARS,
RESIDING AT NO.349,
14TH MAIN ROAD, 11TH CROSS,
J.P. NAGAR, 2ND STAGE,
BENGALURU - 560 078.
...PETITIONER
(BY SRI. HARSHA., ADVOCATE)
AND:
Digitally signed by 1. THE STATE OF KARNATAKA,
NAGAVENI
REPRESENTED BY IT SECRETARY,
Location: HIGH
COURT OF DEPARTMENT OF INDUSTRIES AND COMMERCE,
KARNATAKA
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE CHAIRMAN,
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
NO.49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU - 560 001.
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3. SPECIAL LAND ACQUISITION OFFICER-1,
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
HAVING ITS OFFICE AT NO.39,
SHANTHI GRUHA,
BHARATH SCOUTS AND GUIDES BUILDING,
4TH FLOOR, ARMANE ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI M.RAJAKUMAR, AGA FOR R-1;
SRI P.V.CHANDRASHEKAR, ADVOCATE FOR R-2 AND R-3)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO I) QUASHING THE
GENERAL AWARD VIDE KIADB:LAQ/2017-18, DATED
01.07.2017 PASSED BY THE RESPONDENT NO.3 UNDER
SECTION 11 OF THE LAND ACQUISITION ACT, 1894 IN
RESPECT OF PETITIONER PROPERTY BEARING IN SY NO.131/2
MEASURING 13 GUNTAS OUT 1 ACRE 01 GUNTAS, AND
GENERAL AWARD VIDE KIADB:LAQ/15931/2013-14 IN
RESPECT OF PETITIONER PROPERTY BEARING IN SY NO.204/1
MEASURING 1 ACRE 19 GUNTAS, BOTH PROPERTIES ARE
SITUATED AT BANNIKUPPE VILLAGE, HAROHALLI HOBLI, OLD
KANAKAPURA TALUK, NOW HAROHALLI TALUK, RAMANAGARA
DISTRICT VIDE ANNEXURE -H AND II) DIRECT THE
RESPONDENTS HEREIN TO CONSIDER THE CASE OF THE
PETITIONER AS PER SECTION 29(2) OF THE KIADB ACT AND
ETC.
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WP No. 10343 of 2025
HC-KAR
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is at the doors of this Court seeking the
following prayers:
"i) Issue a writ of certiorari quashing the General award
vide KIADB:LAQ/2017-18, dated 01.07.2017 passed
by the respondent No.3 under section 11 of the Land
Acquisition Act, 1894 in respect of petitioner property
bearing in Sy No.131/2 measuring 13 guntas out 1 acre
01 guntas, and general award vide
KIADB:LAQ/15931/2013-14 in respect of petitioner
property bearing in Sy No.204/1 measuring 1 acre 19
guntas, both properties are situated at Bannikuppe
Village, Harohalli Hobli, Old Kanakapura Taluk, Now
Harohalli Taluk, Ramanagara District Vide Annexure -H.
ii) Issue any suitable order, direction or writ in the
nature of Mandamus direction the respondents herein to
consider the case of the Petitioner as per section 29(2) of
the KIADB Act.
iii) Issue any other orders or directions as deemed fit in
the circumstances attending."
2. Heard Sri.Harsha, learned counsel appearing for the
petitioner, Sri.Rajkumar M., learned Additional Government
Advocate for respondent No.1 and Sri.P.V.Chandrashekar,
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learned counsel appearing for respondent Nos.2 and 3 and
have perused the material on record.
3. Learned counsel appearing for the petitioner would
submit that the issue in the lis stands covered by the judgment
rendered by a Co-ordinate Bench of this Court in
W.P.No.22495/2023 disposed on 30.10.2023, wherein it has
held as follows:
"This writ petition is filed seeking for following reliefs:
(i) Issue a writ of certiorari quashing the General
Award bearing No.KIADB:LAQ No.1203/2022-23
dated 27.12.2022 passed by respondent no.3 in
respect of land bearing Sy.no.40/7 measuring
0-12.08 guntas, situated at Hadihosahalli Village,
Thyamagoundlu Hobli, Nelamangala Taluk,
Bangalore Rural District of petitioner is concerned,
which is produced at Annexure-C;
(ii) Issue any suitable order, direction or writ in the
nature of mandamus directing the respondents
herein to consider the case of the petitioner as
per Section 29(2) of the KIAD Act and etc.
2. Sri Omkara Murthy G & Sri M.S. Mohan,
learned counsel for petitioner submits that petitioner
was absolute owner of land bearing Sy.no.40/7,
measuring of 12.08 guntas situated at Hadihosahalli
Village, Thyamagondlu Hobli, Nelamangala Taluk,
Bengaluru Rural District, in respect of which
respondent - authorities had initiated acquisition
proceedings for Multi Modal Logistics Park project.
3. It was submitted that petitioner had no
objection for acquisition of land by respondents -
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KIADB, but without issuing notice and granting
opportunity to petitioner to avail compensation under
consent award General Award, was passed. Since
compensation under consent award was higher than
under General Award, denial was contrary to law.
4. It was submitted that under similar
circumstances, this Court in W.P.no.22091/2022
disposed of on 30.11.2022, holding such denial as
unsustainable, quashed General Award and directed
respondents to consider petitioner's representation for
passing consent award. Hence sought for passing
similar order.
5. Sri Yogesh D. Naik, learned AGA for
respondent no.1 and Sri P.V. Chandrashekar, learned
counsel for respondent nos.2 and 3 submitted that in
view of earlier decisions, respondent no.3 would
consider petitioner's representation if petitioner
furnished relevant documents in support of claim over
property and sought for disposal of writ petition.
6. Heard learned counsel and perused writ
petition record.
7. From above, it is seen that in
W.P.no.22091/2022, contention of petitioner therein
about failure to provide opportunity to accept
compensation under consent award which was higher
than under General award was upheld and this Court
set aside General Award and directed respondents to
consider petitioner's representation for passing
consent award. Said decision would squarely apply in
this case.
8. Accordingly, writ petition is disposed of,
impugned General Award no.KIADB:LAQ
No.1203/2022-23 dated 27.12.2022 vide Annexure-C
passed by respondent no.3, insofar as it relates to
petitioner's land in Sy.no.40/7, measuring 12.08
guntas situated at Hadihosahlli Village, Thyamagondlu
Hobali, Nelamangala Taluk, Bangalore Rural District, is
hereby set aside.
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9. Respondent no.3 - SLAO shall consider
petitioner's representation and pass appropriate
orders thereon within a period of eight weeks."
4. In the light of the issue standing covered by
judgment rendered by a Co-ordinate Bench of this Court supra,
the petition stands disposed on the same terms.
Sd/-
(M.NAGAPRASANNA)
JUDGE
CBC
