Sri.Krishnappa v. The State of Karnataka

ORDER i. The Writ Petition is allowed; ii. The impugned general award bearing No. ¨ÉAUÀ¼ÀÆgÀÄ/«¨sÀƸÁéC-2/C¥Á-3£Éà ºÀAvÀ/2013-14 dated

10.07.2013 passed by the respondent No.3 in

respect of the land in Sy.No.65, measuring 1 acre 38 guntas, situate at Obadenahalli Village, Kasaba Hobli, Doddaballapura Taluk, Bengaluru Rural District, is hereby quashed; iii. The petitioners are granted liberty to submit a fresh representation to respondent - KIADB, expressing consent for an award and agree to receive 10,781 sq.ft. per acre developed land in lieu of monetary compensation, within a period of thirty days from the date of receipt of a certified copy of this order. Upon receipt of such representation, the respondent-KIADB shall consider the same in accordance with law and in terms of Government Order dated 23.02.2021 and pass appropriate orders; iv. The said consideration by the KIADB shall be within eight weeks from the date of submission of the representation by the petitioners;

v. The respondent-KIADB is at liberty to withdraw the amount, if any, deposited before the Civil Court pursuant to the general award bearing No.¨ÉAUÀ¼ÀÆgÀÄ/«¨sÀƸÁéC-2/C¥Á-3£Éà ºÀAvÀ/2013-14 dated 10.07.2013; vi. In the event, if there is no consensus arrived for grant of developed land or if there are any unresolved objections, respondent Nos.2 and 3 shall take appropriate action but in accordance with law and after notifying the petitioners. Learned High Court Government Pleader for respondent No.1 and Sri.H.L.Pradeep Kumar, learned counsel for respondent Nos.2 and 3 are permitted to file memo of appearance within ten days.

Sd/- (R. NATARAJ) JUDGE

BKN List No.: 1 Sl No.: 25

((((((((((((HC-KAR, NC:(2026:KHC:41973( WP(No.(24476(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010542572026( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( TH DATED(THIS(THE(7 (DAY(OF(AUGUST,(2026( BEFORE( THE(HON'BLE(MR.(JUSTICE(R.(NATARAJ( WRIT(PETITION(NO.(24476(OF(2026((LA-KIADB)( BETWEEN:(( ( 1., SRI.KRISHNAPPA, S/O.,LATE,NANJUNDAPPA,,, AGE,ABOUT,73,YEARS,,, R/AT.,NO14,,OBADENAHALLI,,, DODDABALLAPURA,TALUK,,, BENGALURU,RURAL-561203,, , 2., SRI.,KRISHNAPPA,@,SHETTAPPA, S/O.,LATE,NANJUNDAPPA,,, AGE,ABOUT,63,YEARS,,, R/AT.,NO.33,,JP,NAGAR,,, PALANJOGIHALLI,,BANGALORE,RURAL,,, DODDABALLAPURA,TALUK-561203,, , 3., SMT.,RATHNAMMA, Digitally W/O.,KRISHNAPPA,, signedtiby HEMALATHA0J AGE,ABOUT,59,YEARS,,, Location: R/AT.,NO8/124,INSPECTOR,RAMAIAH,STREET,,,HIGH0COURT OF BANGLA,SCHOOL,ROAD,,NEW,STREET,YELAHANKA,,,KARNATAKA BANGALORE,NORTH,,BENGALURU-560064, , 4., SRI.,JAYANNA,, S/O.,LATE,NANJUNDAPPA,,, AGE,ABOUT,52,YEARS,,, R/AT.,NO.3-7,B,B,ROAD,,, INSPECTOR,RAMAIAH,STREET,,, BANGLA,SCHOOL,ROAD,,NEW,STREET,YELAHANKA,, BANGALORE,NORTH,,BENGALURU-560064., , ((((((((((((HC-KAR, NC:(2026:KHC:41973( WP(No.(24476(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010542572026( ( ( 5., SMT.,KANTHAKUMARI,, D/O.,LATE,NANJUNDAPPA,,, AGE,ABOUT,45,YEARS,,, R/AT.,NO.8/124,INSPECTOR,RAMAIAH,STREET,, BANGLA,SCHOOL,ROAD,,NEW,STREET,YELAHANKA,,, BANGALORE,NORTH,,BENGALURU-560064, …PETITIONERS, (BY,SRI.,SHARAN,N.MAJAGE.,ADVOCATE), AND:( ( 1., THE,STATE,OF,KARNATAKA, BY,ITS,SECRETARY,,, DEPARTMENT,OF,COMMERCE,AND, INDUSTRIES,,, VIDHANA,SOUDHA,,BANGALORE-560,001., , 2., KARNATAKA,INDUSTRIAL,AREAS,, DEVELOPMENT,BOARD, REP.,BY,ITS,CHIEF,EXECUTIVE,OFFICER,, AND,EXECUTIVE,MEMBER,,, KHANIJA,BHAVANA,,RACE,COURSE,ROAD,,, BENGALURU-560001., , 3., THE,SPECIAL,LAND,ACQUISITION,, OFFICER-2,(BMICP),, KARNATAKA,INDUSTRIAL,AREAS,, DEVELOPMENT,BOARD,,, STNO.14/3,,1 ,FLOOR,,CFC,BUILDING,,, MAHARSHI,ARAVINDA,BHAVAN,,, NRUPATUNGA,ROAD,,BANGALORE-560,001., …RESPONDENTS, (BY,SMT.POOJA,M,KOORSE,,HCGP,FOR,R1;, ,,,,,,SRI.H.L.PRADEEP,KUMAR,FOR,R2,AND,R3), , , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLES,226,AND,227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, ISSUE, WRIT, OF, CERTIORARI, QUASHING, THE, GENERAL, AWARD, BEARING, No.¨ÉAUÀ¼ÀÆgÀÄ/«¨sÀƸÁéC-2/C¥Á-3£Éà ºÀAvÀ/2013-14 DATED 10.07.2013 PASSED BY THE RESPONDENT NO.3 IN RESPECT OF LAND IN SY.NO.65 MEASURING ACRE GUNTAS, SITUATED AT OBADENAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, IN SO FAR AS THE PETITIONERS ARE CONCERNED, WHICH IS PRODUCED AS ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have sought for a writ in the nature of certiorari to quash the general award bearing No.¨ÉAUÀ¼ÀÆgÀÄ/«¨sÀƸÁéC-2/C¥Á-3£Éà ºÀAvÀ/2013-14 dated 10.07.2013 passed by the respondent No.3 in respect of the land in Sy.No.65, measuring 1 acre 38 guntas, situate at Obadenahalli Village, Kasaba Hobli, Doddaballapura Taluk, Bengaluru Rural District. They have also sought for a writ in the nature of mandamus to direct the respondent No.3 to consider the case of the petitioners for grant of developed land in lieu of compensation in the industrial layout by passing a consent award under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (henceforth referred to as 'KIAD Act'). 2. The petitioners claim that they are the owners of Sy.No.65, measuring 1 acre 38 guntas, situate at Obadenahalli Village, Kasaba Hobli, Doddaballapura Taluk, Bengaluru Rural District, which was proposed for acquisition for formation of industrial layout vide preliminary notification dated 07.05.2007 under Section 28(1) of the KIAD Act, followed by a final notification dated 24.04.2010. The petitioners claim that the respondent Nos.2 and 3 have utilized thier land without paying the compensation. However, it is further contended that the respondent - KIADB without considering the revenue records and without verifying the objections