OF KARNATAKA AT BENGALURU DATED THIS THE 23 RD DAY OF FEBRUARY v. GOPALKRISHNA
Case at a glance
- Bench
- S SUNIL DUTT YADAV
- Neutral citation
- 2026:KHC:11084
Outcome
Disposed of
The petition is disposed of in terms of the above
Provisions considered
Key paragraphs
- Para 55. Learned counsel for the petitioners submits that though there is a dispute, such dispute has been settled and accordingly, is no impediment respondent - Authorities in passing a consent award.
- Para 77. 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-A insofar as the petitioners' land is concerned, is set aside. b) Respondent No.3 is directed…
Judgment
2. SRI KUSHAL G. S/O. LATE V. GOPALKRISHNA, AGED ABOUT 38 YEARS
3. SRI ANOOP SAGAR G. S/O. LATE V. GOPALKRISHNA, AGED ABOUT 35 YEARS, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA ALL ARE R/AT NO.34, PARAMJYOTHI NILAYA NRUPATHUNGA ROAD, T. DASARAHALLI, BENGALURU-560 057. … PETITIONERS (BY SRI. N.K. MALLIKARJUN, ADVOCATE FOR SRI SAMPATH A.,ADVOCATE) AND:
STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY - 2 - NC: 2026:KHC:11084 WP No. 5884 of 2026 HC-KAR DEPT. OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDI, BENGALURU-560 001.
KARNATAKA INDUSTRIAL AREA DEVELOPMENT AUTHORITY GANDHINAGAR 1ST MAIN, BENGALURU-560 009. REP. BY CHIEF EXECUTIVE OFFICER
SPECIAL LAND ACQUISITION OFFICER-II (BMICB) AND BENGALURU RURAL NO.14/3, CPC BUILDING, MAHARSHI ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001. (BY SRI. KIRAN KUMAR, HCGP FOR R1; SRI DILDAR SHIRAHALLI, ADVOCATE FOR R2 & R3) … RESPONDENTS *** THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GENERAL AWARD BEARING NO KIADB/LAQ/977/22-23 DATED 07-12-2022 PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-A SO FOR AS PETITIONERS ARE CONCERNED 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 - 3 - NC: 2026:KHC:11084 WP No. 5884 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. Petitioners have sought for issuance of writ in the nature of certiorari to set aside the general award at Annexure-A dated 07.12.2022 passed by respondent No.3 insofar as the petitioners' is concerned and consequently, direct the respondents to consider the request of petitioners for passing of consent award in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act').
3. It is the case of the petitioners that they are ready to accept compensation by way of agreement under Section 29(2) of the Act. Accordingly, they have made a - 4 - NC: 2026:KHC:11084 WP No. 5884 of 2026 HC-KAR representation for recalling of general award and passing of consent award.
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 petitioners are concerned and the respondent - Special Land Acquisition Officer, KIADB would consider the request of the petitioners and pass a consent award as per law.
Learned counsel for the petitioners submits that though there is a dispute, such dispute has been settled and accordingly, is no impediment respondent - Authorities in passing a consent award.
Learned counsel for the respondent - KIADB submits that respondents would verify the said submission and proceed further in accordance with law. - 5 - NC: 2026:KHC:11084 WP No. 5884 of 2026 HC-KAR
Operative part
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-A insofar as the petitioners' land is concerned, is set aside. b) Respondent No.3 is directed to consider the claim of the petitioners 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 entitlement apportionment of the award amount, the general award at Annexure-A would stand revived. d) Liberty reserved the Special Land Acquisition Officer, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to the general award. - 6 - NC: 2026:KHC:11084 WP No. 5884 of 2026 HC-KAR The petition is disposed of in terms of the above. SD/- (S SUNIL DUTT YADAV) JUDGE VP
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition is disposed of in terms of the above
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908; Constitution of India — arts. 226, 227; Karnataka Industrial Areas Development Act, 1966 — s. 29(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.