MRS RUKSHANA BEGUM v. THE STATE OF KARNATAKA
Case at a glance
Outcome
Disposed of
In terms of the above, the petition is disposed of
Provisions considered
- Constitution of India arts. 226, 227
- Karnataka Industrial Areas Development Act, 1966 s. 29(2)
Key paragraphs
- Para 55. 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-H dated 29.03.2021 insofar as the petitioners' lands are concerned, is set aside. (ii) Respondent No.3…
Judgment
W /O. SRI. AKHIL AHMED R H, AGED ABOUT 41 YEARS, RESIDING AT NO. 6, 6TH MAIN, 10TH CROSS, NEAR AL HILAL MASJID, HBR LAYOUT, 3RD BLOCK, BENGALURU - 560 043. Location: HIGH COURT OF KARNATAKA
2. MRS. AMREEN SHAIK W/O. SRI. SHAIK ABDUL RAHMAN, AGED ABOUT 30 YEARS, RESIDING AT NEW NO. 35, OLD NO. 6/2, 3RD CROSS, VIVEKANANDA NAGAR, BANGALORE - 560 033.
3. MR. ASIF KHAN S/O. MR. AMEER JAN, AGED ABOUT 42 YEARS, RESIDING AT NO. 11, JEREMAIAH CROSS, MOSQUE ROAD, FRASER TOWN, BANGALORE - 560 05. - 2 - NC: 2026:KHC:21474 WP No. 12066 of 2026 HC-KAR
4. MR. AKRAM SHARIEF S/O. MR. REHAMAN SHARIEF, AGED ABOUT 52 YEARS, RESIDING AT NO. 11/6, BORE BANK ROAD, BENSON TOWN, BANGALORE NORTH, BANGALORE - 560 046 (BY SRI. SHARAN N.MAJAGE., ADVOCATE) AND: … PETITIONERS
THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE-560 001
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560 001
THE SPECIAL LAND ACQUISITION OFFICER-2, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, 1ST FLOOR, CFC BUILDING, MAHARSHI ARAVINDA BHAVAN, NRUPATUNGA ROAD, BANGALORE-560 001.
METRO RAIL CORPORATION LIMITED, BMTC COMPLEX, 3RD FLOOR, - 3 - NC: 2026:KHC:21474 WP No. 12066 of 2026 HC-KAR K.H. ROAD, SHANTINAGAR, BENGALURU-560 027. REP. BY ITS MANAGING DIRECTOR. … RESPONDENTS (BY SRI. HARISH A.S., AGA FOR R1; SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3; SRI H.L. PRADEEP KUMAR, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE IMPUGNED GENERAL AWARD DATED 29.03.2021 BEARING NO. KIADB/METRO/BHU SWA/ NG-R6-UG-P4A, 4B,4C/P31B/P31/C,31/D/2020-21 PASSED BY THE 3RD RESPONDENT ANNEXURE-H, INSOFAR AS IT RELATES TO THE PROPERTIES OF THE PETITIONERS DESCRIBED IN THE SCHEDULE HEREIN 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. Sri. H. L. Pradeep Kumar, learned counsel accepts notice for respondent No.4. - 4 - NC: 2026:KHC:21474 WP No. 12066 of 2026 HC-KAR
2. Petitioners have challenged the validity of the general award passed by respondent No.3 at Annexure-H insofar as it relates to the properties of the petitioners more fully described in the schedule. Petitioners have also sought for consequential direction to respondent No.3 to consider the case of the petitioners in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act') and to pass consent award insofar as it relates to the lands of the petitioners.
3. The case of the petitioners is that they were willing for a consent award and accordingly, the question of passing of general award does not arise.
4. 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 is concerned and the respondent - Special Land Acquisition Officer, - 5 - NC: 2026:KHC:21474 WP No. 12066 of 2026 HC-KAR KIADB would consider the request of the petitioners and pass a consent award as per law.
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:
(i) The impugned general award at Annexure-H dated 29.03.2021 insofar as the petitioners' lands are concerned, is set aside.
(ii) 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 certified copy of this order.
(iii) 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-H would stand revived.
(iv) Liberty is reserved the Special Land Acquisition Officer, KIADB to withdraw the amount, if - 6 - NC: 2026:KHC:21474 WP No. 12066 of 2026 HC-KAR deposited before the Civil Court pursuant to the general award.
(v) Respondents also to consider the request of the petitioners keeping in mind the extent notified in the Corrigendum Notification dated 01.12.2020. In terms of the above, the petition is disposed of. 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: In terms of the above, the petition is disposed of
Which statutory provisions did this judgment involve?
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.