Citation : 2026 Latest Caselaw 1953 Kant
Judgement Date : 6 March, 2026
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WP No. 7278 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. 7278 OF 2026 (LA-KIADB)
BETWEEN:
SRI. NARAYANASWAMY
S/O LATE SONAPPA.
AGED ABOUT 75 YEARS,
BAIRANAHALLI VILLAGE,
KASABA HOBLI, MALUR TALUK,
KOLAR DISTRICT- 577221.
...PETITIONER
(BY SRI. RAGHAVENDRA GOWDA K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF COMMERCE
AND INDUSTRIES,
Digitally VIKASA SOUDHA,
signed by BANGALORE-560001.
VIDYA G R
REPRESENTED BY ITS SECRETARY.
Location:
HIGH COURT
OF 2. THE KARNATAKA INDUSTRIAL AREA
KARNATAKA
DEVELOPMENT BOARD,
EAST WING,
KHANIZA BHAVAN,
BANGALORE-560001,
REPRESENTED BY ITS CHIEF
EXECUTIVE OFFICER
AND EXECUTIVE MEMBER.
3. THE SPECIAL LAND ACQUISITION OFFICER,
HEAD OFFICE, KIADB,
NO.14/1, ARAVINDA BHAVAN,
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WP No. 7278 of 2026
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1ST FLOOR, NRUPATHUNGA ROAD,
BENGALURU-560001.
...RESPONDENTS
(BY SRI. A.S. HARISH, AGA FOR R1;
SRI. P. V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3)
THIS WRIT PETITON IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
UNDATED GENERAL AWARD BEARING
NO.KIADB/LAQ/NIL/2019-20 VIDE ANNEXURE-A IN SO FAR AS
PETITIONER IS CONCERNED, PASSED BY THE THIRD
RESPONDENT 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
Government Order dated 23.02.2021 the developed land
may be directed to be offered to the petitioner.
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3. It is noticed that the petitioner is the absolute
owner of an extent of 1 acre 22 guntas in Sy.No.2/2 of
Jakkasandra Village, Kasaba Hobli, Malur Taluk, Kolar
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:
"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
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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.
(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.
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(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 at Annexure-A insofar as the petition schedule property is concerned is quashed.
(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
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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
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