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Smt P Shailaja v. State of Karnataka

DISPOSED
Court
High Court of Karnataka
Decided
23 February 2026
Bench
S Sunil Dutt Yadavauthor
Case no.
WP 5884/2026

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Judgment

e -e1e-eeeee e e NC:(2026:KHC:11084 WP(No.(5884(of(2026 IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( RDDATED(THIS(THE(23 (DAY(OF(FEBRUARY,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(S(SUNIL(DUTT(YADAV( WRIT(PETITION(NO.(5884(OF(2026((LA-KIADB) BETWEEN:(

1., SMT,P,SHAILAJA, W/O.,LATE,V.,GOPALKRISHNA,,, AGED,ABOUT,56,YEARS,

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 signedtiby VIJAYA0P ALL,ARE,R/AT,NO.34,, Location: PARAMJYOTHI,NILAYA, HIGH0COURT OF NRUPATHUNGA,ROAD,, KARNATAKA T.,DASARAHALLI,,, BENGALURU-560,057., …,PETITIONERS, (BY,SRI.,N.K.,MALLIKARJUN,,ADVOCATE,FOR,, ,,,,,,SRI,SAMPATH,A.,ADVOCATE), AND:

1., STATE,OF,KARNATAKA, REP.,BY,ITS,PRINCIPAL,SECRETARY, e -e2e-eeeee e e NC:(2026:KHC:11084 WP(No.(5884(of(2026 DEPT.,OF,COMMERCE,AND,,INDUSTRIES, VIDHANA,SOUDHA,, DR.,B.R.,AMBEDKAR,VEEDI,, BENGALURU-560,001.,

2., KARNATAKA,INDUSTRIAL,AREA, DEVELOPMENT,AUTHORITY, STGANDHINAGAR,1 ,MAIN,,, BENGALURU-560,009., REP.,BY,CHIEF,EXECUTIVE,OFFICER,

3., SPECIAL,LAND,ACQUISITION,OFFICER-II, (BMICB),AND,BENGALURU,RURAL, NO.14/3,,CPC,BUILDING,, MAHARSHI,ARAVINDA,BHAVAN,,, ST1 ,FLOOR,,NRUPATHUNGA,ROAD,, BENGALURU-560,001., …,RESPONDENTS, (BY,SRI.,KIRAN,KUMAR,,HCGP,FOR,R1;, ,,,,,,SRI,DILDAR,SHIRAHALLI,,ADVOCATE,FOR,R2,&,R3), ***, , 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

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.

¶2Petitioners 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 petitioners' land is concerned 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').

¶3It 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

representation for recalling of general award and passing of consent award.

¶4Learned 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.

¶5Learned counsel for the petitioners submits that though there is a dispute, such dispute has been settled accordingly, there is impediment for respondent - Authorities in passing a consent award.

¶6Learned counsel for the respondent - KIADB submits that respondents would verify the said submission and proceed further in accordance with law.

¶7In 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 to entitlement apportionment of the award amount, the general award at Annexure-A would stand revived. d) Liberty is reserved to Special Land Acquisition Officer, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to the general award.

The petition is disposed of in terms of the above. SD/- (S SUNIL DUTT YADAV) JUDGE VP

Source: High Court of Karnataka, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.