SRI KADHARAIAH & Ors. v. State of Karnataka - 4 - NC: WP No. 12840 of 2025
Case at a glance
- Bench
- R DEVDAS
- Neutral citation
- 2025:KHC:17726
Outcome
Allowed
The writ petition is allowed
Provisions considered
- Constitution of India arts. 226, 227
- Karnataka Industrial Areas Development Act, 1966 s. 29(2)
Key paragraphs
- Para 55. Consequently, the following: ORDER The writ petition is allowed. The impugned General Award dated 31.05.2023 at Annexure-'G' insofar as the petitioners land is concerned is set aside. iii) The respondent-Special Land Acquisition Officer, KIADB is directed to reconsider the request of the petitioners for…
Judgment
1. SRI KADHARAIAH, S/O RUDRAIAH, AGED ABOUT 62 YEARS, RESIDING AT: No.250, 3RD MAIN, 6TH CROSS, RAVINDRA NAGAR, BANGALORE NORTH, BANGALORE - 560 057.
2. SRI HONNAIAH, S/O CHIKKAKEMPAIAH, AGED ABOUT 75 YEARS, RESIDING AT: AVVERAHALLI VILLAGE, BILLANAKOTE, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 111. (BY SRI SHARAN N. MAJAGE, ADVOCATE) AND: …PETITIONERS THEJESWINI Location: HIGH COURT OF KARNATAKA
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, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, 1ST FLOOR, CFC BUILDING, - 2 - NC: 2025:KHC:17726 WP No. 12840 of 2025 MAHARSHI ARAVINDA BHAVAN, NRUPATUNGA ROAD, BANGALORE - 560 001. (BY SRI SESHU V, HCGP FOR R1; SRI H.L. PRADEEP KUMAR, ADVOCATE FOR R2 AND R3) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD DATED 31.05.2023 BEARING NO. KIADB/LAQ/645/2023-24 PASSED BY RESPONDENT NO.3 IN RESPECT OF LAND IN SY.NO.26/1 MEASURING 3 ACRES 19 GUNTAS, SITUATED AT AVVERAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT, IN SO FAR AS THE PETITIONERS ARE CONCERNED, WHICH IS PRODUCED AT ANNEXURE-G AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned HCGP takes notice for respondent No.1. Learned Counsel Sri H.L.Pradeep Kumar, has entered appearance for respondents No.2 and 3-KIADB.
2. Learned Counsel for the petitioners submits that a General Award has been passed only on the ground that the petitioners were absent when the matter was heard by the Special Land Acquisition Officer for award of compensation, as could be seen in the discussions made in the General Award dated 31.05.2023 at Annexure-'G'. - 3 - NC: 2025:KHC:17726 WP No. 12840 of 2025
3. Learned Counsel submits that this Court has held in several matters including the recent decision in the case of Harisha.R /vs./ State of Karnataka and others W.P.No.12703/2023 dated 27.06.2023 following an earlier decision in W.P.No. 6198/2015, that the land loser would be entitled for a better price as compensation instead of determination under a General Award. As a consequence, all such matters where it was found that a General Award was passed only on some technical ground that the land loser was not present at the time of hearing or such other technical reasons, this Court was of the considered opinion that since the land loser would get a better price if the compensation is awarded in terms of the agreement and not under a General Award, the award may be passed in terms of an agreement. Therefore, the learned counsel submits that similar benefit should be given to the petitioners.
On going through the following judgments, which were rendered by this Court: i) Smt. Rukmani v/s State of Karnataka - W.P No.39611-39612/2016 dated 16.09.2016; ii) Sri. Basavaraju vs. State of Karnataka - 4 - NC: 2025:KHC:17726 WP No. 12840 of 2025 - W.P.No.34071/2017 dated 28.08.2017; iii) Sri. Rajanna vs. State of Karnataka - W.P.No.51362/2016 dated 21.03.2018; iv) Smt. Ningamma vs. state of Karnataka - W.P.No.6198/2015 dated 25.08.2015; v) Sri. Bhyraiah vs. State of Karnataka - W.P.No.40896/2017 dated 24.01.2019. this Court is of the considered opinion that the petitioners are entitled for similar relief as was given in the cases mentioned hereinabove. i) ii)
Operative part
Consequently, the following: ORDER The writ petition is allowed. The impugned General Award dated 31.05.2023 at Annexure-'G' insofar as the petitioners land is concerned is set aside. iii) The respondent-Special Land Acquisition Officer, KIADB is directed to reconsider the request of the petitioners for award of compensation by way of an agreement under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 and pass necessary orders within a period of - 5 - NC: 2025:KHC:17726 WP No. 12840 of 2025 three months from the date of receipt of a copy of this order. iv) The respondent – Special Land Acquisition Officer, KIADB, is at liberty to withdraw the amount that has been deposited by it pursuant to the General Award before the jurisdictional court. v) Needless to state that in the event of any dispute, the General Award would stand restored. Ordered accordingly. Learned High Court Government Pleader and the learned Counsel for respondents No.2 and 3 are permitted to file Memo of appearance/Vakalath as the case may be, within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE CPN List No.: 1 Sl No.: 9 CT: BHK
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition is allowed
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.