KANAKAPURA v. PALACE ROAD
Case at a glance
Outcome
Disposed of
In terms of the above, the petition is disposed of
Provisions considered
Key paragraphs
- Para 55. Accordingly, the following order is passed: ORDER (i) The impugned general award dated 11.10.2019 at Annexure-A passed by respondent No.3 is set aside insofar as the petitioners' land is concerned. - 5 - NC: 2026:KHC:17688 WP No. 9842 of 2026 HC-KAR (ii) The representations…
Judgment
SRI RAJU SINCE DEAD BY HIS LRS.,
1. SMT. LAKSHMAMMA W/O LATE RAJU AGED ABOUT 56 YEARS.
2. SRI RAVI. R S/O LATE RAJU AGED ABOUT 45 YEARS.
3. SMT. SHILPA W/O RAVI R AGED ABOUT 38 YEARS.
4. KUM. KAVANA R D/O RAVI R AGED ABOUT 20 YEARS. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA
5. MASTER BHARATH GOWDA R S/O RAVI R AGED ABOUT 14 YEARS SINCE MINOR REPRESENTED BY HIS NATURAL GUARDIAN AND FATHER RAVI R. ALL ARE RESIDING AT JAKKASANDRA VILLAGE MARALAWADI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT - 562 112.
6. SMT. ROOPA D/O LATE RAJU W/O LAKSHMANA AGED ABOUT 42 YEARS - 2 - NC: 2026:KHC:17688 WP No. 9842 of 2026 HC-KAR R/AT VEEREGOWDANA DODDI VILLAGE SINGASANDRA POST, HAROHALLI HOBLI KANAKAPURA TALUK, RAMANAGARA DIST. …PETITIONERS (BY SRI H. SHANTHI BHUSHAN, ADV.) AND:
THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, BY ITS SECRETARY 1ST FLOOR, VIKASA SOUDHA DR. B.R. AMBEDKAR ROAD BANGALORE - 560 001.
THE CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD 4TH FLOOR, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001.
THE SPECIAL LAND ACQUISITION OFFICER-1 THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 39, 4TH FLOOR, BHARATH SCOUTS & GUIDES BUILDING PALACE ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI HANISH A.S, AGA FOR R-1 & R-2; SRI P.V. CHANDRASHEKAR, ADV., FOR R-2 & R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TOQUASHING THE GENERAL AWARD DATED 11-10-2019 BEARING NO.K.I.A.D.B./L.A.Q 722/2019- 20, PASSED BY THE RESPONDENT NO.3, IN RESPECT OF PETITIONERS LAND VIDE ANNEXURE - A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - NC: 2026:KHC:17688 WP No. 9842 of 2026 HC-KAR 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. Petitioners have sought for setting aside of the general award dated 11.10.2019 at Annexure-A insofar as the property of the petitioners is concerned and have sought for a further direction to the respondents to consider the representations of the petitioners and pass an award in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act') while awarding developed land as compensation in lieu of cash compensation.
2. Petitioners submit that they were willing for a consent award to be passed in terms of the agreement as contemplated under Section 29(2) of the KIAD Act, while a general award has been passed. - 4 - NC: 2026:KHC:17688 WP No. 9842 of 2026 HC-KAR
3. Learned counsel for the petitioners submits that necessary representations have been made at Annexures- K to K2 wherein the petitioners have specifically sought for grant of developed land in lieu of cash compensation in terms of the Government Order dated 23.02.2021 insofar as the property of the petitioners is concerned.
Learned counsel appearing for the respondent - KIADB submits the Government Order dated
23.02.2021 which governs the allotment of developed land in lieu of monetary compensation is a relief that is granted to the land owners and is a part of final proceedings. It is further submitted representations would be considered.
Operative part
Accordingly, the following order is passed: ORDER (i) The impugned general award dated 11.10.2019 at Annexure-A passed by respondent No.3 is set aside insofar as the petitioners' land is concerned. - 5 - NC: 2026:KHC:17688 WP No. 9842 of 2026 HC-KAR (ii) The representations of the petitioners at Annexures-K to K2 are directed to be considered in terms of the Government Order dated 23.02.2021 at Annexure-J and appropriate orders to be passed within four months from the date of receipt of certified copy of this order. (iii) Respondent No.3 is at liberty to withdraw the amount, if deposited before the competent Court pursuant to the general award. (iv) It is made clear that, in the event if there is any dispute with regard entitlement apportionment, the general award at Annexure-A would stand revived. (v) In the event there is no consensus arrived at for grant of developed land, petitioners are entitled for compensation in terms of the agreement to be entered into under the KIAD Act. In terms of the above, the petition is disposed of. VP SD/- (S SUNIL DUTT YADAV) JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In terms of the above, the petition is disposed of
Which statutory provisions did this judgment involve?
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.