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Karnataka High Court
Smt. Sujathamma vs The State Of Karnataka on 6 March, 2026
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
-1-
NC: 2026:KHC:13670
WP No. 7402 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. 7402 OF 2026 (LA-KIADB)
BETWEEN:
SMT. SUJATHAMMA
W/O LATE KONDAPPA,
AGED ABOUT 65 YEARS,
MALLIYYAPPANAHALLI.
VEMGAL HOBLI,
KOLAR TALUK AND DISTRICT.
KOLAR-562101.
...PETITIONER
(BY SRI. RAGHAVENDRA GOWDA K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF COMMERCE
Digitally AND INDUSTRIES,
signed by VIKASA SOUDHA,
VIDYA G R
BANGALORE-560001.
Location:
HIGH COURT REPRESENTED BY ITS SECRETARY.
OF
KARNATAKA
2. THE KARNATAKA INDUSTRIAL AREA
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,
-2-
NC: 2026:KHC:13670
WP No. 7402 of 2026
HC-KAR
1ST FLOOR, NRUPATHUNGA ROAD,
BENGALURU-560001
...RESPONDENTS
(BY SRI. A. S. HARISH, AGA FOR R1;
SRI. P. V. CHANDRASHEKAR, ADVOCATE FOR R2 AND 3)
THIS WRIT PETITON IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
GENERAL AWARD BEARING NO.KIADB/LAQ/1928/2024-25
DATED 29.03.2025 VIDE ANNEXURE-A IN SO FAR AS
PETITIONER LAND CONCERNED MEASURING TO EXTENT OF 1
ACRE 15 GUNTAS IN SY. NO.47/2 OF MALLIYYAPPANAHALLI
VILLAGE PASSED BY THE R3 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
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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 1 acre 15 guntas in Sy.No.47/2 of
Malliyyappanahalli Village, Vemagal Hobli, Kolar 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:
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"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.
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(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 29.03.2025
at Annexure-A insofar as the petition schedule
property is concerned is quashed.
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(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
