Citation : 2026 Latest Caselaw 840 Kant
Judgement Date : 4 February, 2026
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NC: 2026:KHC:6389
WP No. 1822 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 1822 OF 2026 (LA-KIADB)
BETWEEN:
1. SRI T PRAKASH
S/O THIRUMALAIAH,
AGED ABOUT 57 YEARS,
R/A MACHANAHALLI VILLAGE,
SOMPURA HOBLI,
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT - 562 111.
... PETITIONER
(BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE)
AND:
Digitally signed 1. STATE OF KARNATAKA
by VIJAYA P
Location: HIGH REPRESENTED BY ITS
COURT OF
KARNATAKA PRINCIPAL SECRETARY,
DEPARTMENT OF COMMERCE AND INDUSTRIES,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
A GOVERNMENT OF KARNATAKA UNDERTAKING,
NO. 14/3, 2ND FLOOR,
RP BUILDING,
NRUPATHUNGA ROAD,
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WP No. 1822 of 2026
HC-KAR
BENGALURU - 560 001.
REPRESENTED BY ITS JOINT DIRECTOR AND
CHIEF EXECUTIVE OFFICER
3. THE SPECIAL LAND ACQUISITION OFFICER-II
(BMICP) AND BENGALURU RURAL,
NELAMANGALA TALUK,
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
NO. 14/3, 2ND FLOOR,
RP BUILDING,
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
... RESPONDENTS
(BY SMT. SAVITHRAMM, AGA FOR R1;
SRI DILDARSHIRAHALLI, ADVOCATE FOR R2 & R3)
***
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE
IMPUGNED GENERAL AWARD DATED 03.08.2023 VIDE
ANNEXURE-D BEARING NO. KIADB/LAQ/2977/2023-24 PASSED
BY THE 3RD RESPONDENT AUTHORITY IN SO FAR AS IT
RELATES TO THE LAND OWNED BY THE PETITIONER BEARING
SY. NO. 139 MEASURING TO AN EXTENT OF 02 ACRES 01
GUNTAS INCLUSIVE OF 02 GUNTAS KHARAB SITUATED AT
MACHANAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA
TALUK, BANGALORE RURAL DISTRICT 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
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WP No. 1822 of 2026
HC-KAR
ORAL ORDER
Learned Additional Government Advocate accepts
notice for respondent No.1.
Sri. Dildar Shirahalli, learned counsel accepts notice
for respondents 2 and 3.
The matter is taken up for disposal by consent.
2. The petitioner has sought for issuance of writ of
certiorari to set aside the general award at Annexure-D
passed by respondent No.3 insofar as it relates to the land
bearing Sy. No. 139, measuring 2 acres 1 gunta situated
at Machanahalli Village, Sompura Hobli, Nelamangala
Taluk, Bangalore Rural District. Petitioner has also sought
for issuance of writ in the nature of mandamus to direct
the respondents to consider the case of the petitioner to
award compensation by way of agreement in terms of
Section 29(2) of the Karnataka Industrial Areas
Development Act, 1966 (for short 'KIAD Act').
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HC-KAR
3. 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.
4. 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.
5. Learned counsel for the petitioner submits that
though there is a dispute, such dispute has been settled
and accordingly, there is no impediment for the
respondent - Authorities in passing a consent award.
6. Learned counsel for the respondent - KIADB
submits that respondents would verify the said submission
and proceed further in accordance with law.
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7. 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:
a) The impugned general award at Annexure-D insofar as the petitioner's land is concerned, is set aside.
b) 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 Karnataka Industrial Areas Development Act, 1966, within a period of four months from the date of receipt of copy of this order.
c) It is made clear that, in the event if there is any dispute with regard to entitlement and apportionment of the award amount, the general award at Annexure-D would stand revived.
d) 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.
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HC-KAR
The petition is disposed of in terms of the above.
Sd/-
(S SUNIL DUTT YADAV) JUDGE
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