Writ Petition No. 15886 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:23382 WP No. 15886 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 15886 OF 2025 (LA-KIADB) BETWEEN:
Legal Reasoning
this Court in W.P.No.15026/2021 disposed on 18.08.2021, has allowed the petition and directed the respondents to consider the case of the petitioner therein and pass necessary orders in accordance with law. 4. Learned High Court Government Pleader would not dispute the position of law; the identical circumstance and afore-quoted judgment rendered by the coordinate bench of this Court. 5. The co-ordinate bench of this Court in W.P.No.15026/2021 disposed on 18.08.2021, has held as follows: "Learned Additional Government Advocate waives notice counsel Smt. Gowharunnissa, who is present before this Court, accepts notice for respondents No.2 and 3. respondent No.1. Learned for - 5 - NC: 2025:KHC:23382 WP No. 15886 of 2025 HC-KAR 2. The petitioners' property bearing Sy.No.5/4, measuring 27 guntas, situated at Mindahallil Village, Kasaba Hobli, Malur Taluk, Kolar District, was notified for acquisition by State Government for the benefit of respondent No.2-KIADB. The grievance of the petitioner is that, while the General Award passed by the respondent No.3-Special Land Acquisition Officer-NIMZ was questioned by some of the landlords, this Court in the Smt. Rathnamma Vs. The State of Karnataka in W.P.No.31702/2018, by order dated 29.11.2018 has set aside the General Award and directed the respondents to consider the claim of the petitioner under Section 29(2) of the KIAD Act, 1966, within a period of two months. Therefore, it is the prayer of the petitioner that similar orders may be passed in this writ petition to set aside the General Award and direct the respondent authorities to consider claim for compensation under Section 29(2) of the Act. 3. The submission of the learned counsel for petitioner is not controverted at the hands of the respondents. 4. Consequently, this Court proceeds to pass the following:-
Arguments
1. SRI. VENKATACHALAIAH, S/O LATE GIRIYAPPA @ GIRIGOWDA, AGED ABOUT 47 YEARS, R/AT CHEELURU VILLAGE, MARALWADI HOBLI, HAROHALLI TALUK, RAMANAGARA DISTRICT - 562 112. 2. SRI. SURESH S/O LATE VENKATACHALAIAH, AGED ABOUT 57 YEARS, R/AT CHEELURU VILLAGE, MARALWADI HOBLI, HAROHALLI TALUK, RAMANAGARA DISTRICT - 562 112. (BY SRI. THIRUMALESH K, ADVOCATE FOR SRI. SRIHARI A.V, ADVOCATE) AND: Digitally signed by NAGAVENI Location: High Court of Karnataka …PETITIONERS 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BANGALORE - 560 001, BY ITS SECRETARY. - 2 - NC: 2025:KHC:23382 WP No. 15886 of 2025 HC-KAR 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, EAST WING KHANIJA BHAVAN, BANGALORE - 560 001, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER. 3. THE SPECIAL LAND ACQUISITION OFFICER, THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.14/1, ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU - 560 001. (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1; SRI. VASANTHA, ADVOCATE FOR R2 AND R3) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE GENERAL AWARD BEARING NO.KIADB /LAQ/ 422 /2017-18 DATED 05.07.2017 VIDE ANNEXURE-A, GENERAL AWARD DATED BEARING NO. KIADB LAQ/6908/2016-17 31.03.2017 VIDE ANNEXURE-A1 AND GENERAL AWARD BEARING NO.KIADB LAQ 2013-14 DATED 30.12.2013 VIDE ANNEXURE- A2 PASSED BY THE THIRD RESPONDENT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:23382 WP No. 15886 of 2025 HC-KAR CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court, seeking for the following prayers: "i) ii) Award General Issue a writ in the nature of Certiorari quashing bearing the No.KIADB:LAQ:422:2017-18 dated 05.07.2017 vide Annexure-A, General Award bearing No. KIADB:LAQ:6908:2016-17 dated 31.03.2017 vide bearing Annexure-Al No.KIADB:LAQ: :2013-14 dated 30.12.2013 vide Annexure-A2 passed by the Third Respondent. and General Award Issue a writ in the nature of mandamus directing the Respondents to consider the case of the Petitioners as per Section 29(2) of the KIAD Act for passing the consent Award in respect of Petitioners' Lands measuring 23 guntas in Sy.No. 105/5, 13 guntas in Sy.No.107/5, 06 guntas in Sy.No.110/6, 08 guntas in Sy.No.359/6, 09 guntas in Sy.No.359/23, 11 guntas in Sy.No.107/19, 11 guntas in Sy. in Sy.No.359/12, 11 guntas No.105/4, 12 guntas in Sy.No.110/2 and 12 guntas in Sy.No.110/5 of Cheeluru Village, Maralawadi Hobli, Harohalli Taluk, Ramanagara District. iii) Grant such other reliefs as this Hon'ble Court deem fit in the facts and circumstances of the case and in the interest of Justice and Equity." 2. Heard Shri Thirumalesh K., learned counsel for Shri Srihari A.V., learned counsel appearing for the petitioners; Shri Spoorthy Hegde N., learned High Court Government - 4 - NC: 2025:KHC:23382 WP No. 15886 of 2025 HC-KAR Pleader appearing for respondent No.1 and Shri Vasantha, learned counsel appearing for respondents No.2 and 3. 3. Learned counsel appearing to the petitioner submits in plethora of identical matters, coordinate benches of this Court has considered the issue and answered in favour of the petitioner. One such order passed by the coordinate bench of
Decision
ORDER (i) Writ Petition is hereby allowed. (ii) The impugned General Award at Annexure - A, dated 17.07.2021 is hereby quashed. (iii) Respondent No.3 (SLAO) is hereby directed to consider the claim of the petitioners under Section 29(2) of the KIAD Act, 1966 within a period of four months from the date of receipt of copy of this order. HC-KAR (iv) (v) - 6 - NC: 2025:KHC:23382 WP No. 15886 of 2025 It is made clear that in the event, if any dispute arises with regard to entitlement and apportionment of the award amount, the General Award at Annexure-A, which has been quashed by this Court would revive. is reserved Liberty to Special Land Acquisition Officer, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to General award." Therefore, the issues as answered by the co-ordinate bench of this Court supra and in the light of the issues standing covered on all its fours, the writ petition stands disposed on the very same findings and the directions. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 2 Sl No.: 7 CT: BHK