SMT. NARAYANAPPA v. THE STATE OF KARNATAKA

SMT. NARAYANAPPA S/O KRISHNAPPA AGED ABOUT 61 YEARS, RESIDING AT BHAVANAHALLI VILLAGE, MALUR TALUK, KOLAR DISTRICT-563130. …PETITIONER Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA (BY SRI. RAGHAVENDRA GOWDA K., ADVOCATE) AND:

THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BANGALORE-560001, REPRESENTED BY ITS SECRETARY.

THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIZA BHAVAN, BANGALORE-560001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER.

THE SPECIAL LAND ACQUISITION OFFICER HEAD OFFICE, KIADB NO.14/1, ARAVINDA BHAVAN, 1ST FLOOR, - 2 - NC: 2026:KHC:4517 WP No. 1992 of 2026 HC-KAR NRUPATHUNGA ROAD, BENGALURU-560001. …RESPONDENTS (BY SMT. K.P. YASHODHA, AGA FOR R1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE UNDATED GENERAL AWARD BEARING NO.KIADB/LAQ/2306/ 2023-24 VIDE ANNEXURE-A IN RESPECT OF PETITIONER PASSED BY THE THIRD RESPONDENT 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. The petitioner has sought for issuance of writ of certiorari to set aside the general award at Annexure-A passed by respondent No.3 insofar as it relates to the land - 3 - NC: 2026:KHC:4517 WP No. 1992 of 2026 HC-KAR bearing Sy. No.119, measuring 2 acres situated at Bhavanahalli Village, Kasaba Hobli, Malur Taluk, Kolar District, and issue writ in the nature of mandamus to direct the respondents to consider the case of the petitioner in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act') and to pass consent award.

3. The case of the petitioner is that she was willing for a consent award and accordingly, the question of passing of general award does not arise.

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. - 4 - NC: 2026:KHC:4517 WP No. 1992 of 2026 HC-KAR

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: (i) The impugned general award at Annexure-A insofar as the petitioner's land is concerned, is set aside. (ii) 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.

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-A would stand revived. - 5 - NC: 2026:KHC:4517 WP No. 1992 of 2026 HC-KAR

Liberty is reserved the Special Land Acquisition Officer, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to the general award.