Shri Shivakumar N v. The State of Karnataka

NC:(2026:KHC:16172( WP(No.(8468(of(2026( ( , ,,HC-KAR( ( (

IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

RDDATED(THIS(THE(23 (DAY(OF(MARCH,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(S(SUNIL(DUTT(YADAV( WRIT(PETITION(NO.(8468(OF(2026((LA-KIADB)( BETWEEN:(( (

1., SHRI,SHIVAKUMAR,N,

S/O,LATE,NANJUNDAIAH,

AGED,ABOUT,37,YEARS,, 2036/1,,MUTHAYLAMMA,TEMPLE,ROAD,, KACHERIPALYA,,DODDABALLAPUR,,, BENGALURU,RURAL,DISTRICT,-,561,203,

…,PETITIONER,

(BY,SRI.,CHANDAN,GOWDA,PATIL.,,ADVOCATE),

AND:(

(

1., THE,STATE,OF,KARNATAKA, REPRESENTED,BY,ITS,SECRETARY,,,Digitally signedtiby DEPARTMENT,OF,INDUSTRIES,AND,COMMERCE,, VIJAYA0P Location: VIKASA,SOUDHA,,, HIGH DR.,AMBEDKAR,VEEDI,,COURT0OF KARNATAKA BENGALURU,-,560,001, ,

2., THE,CHIEF,EXECUTIVE,OFFICER, AND,EXECUTIVE,MEMBER,,, KARNATAKA,INDUSTRIAL,AREAS,, DEVELOPMENT,BOARD,,, 2,,2/1,AND,2/3,,ACHARYA,TULASIMARG,,, ST1 ,MAIN,ROAD,,GANDHINAGAR,,, BENGALURU,-,560,009, , NC:(2026:KHC:16172( WP(No.(8468(of(2026( ( , ,,HC-KAR( ( ( ,

3., THE,SPECIAL,LAND,ACQUISITION,OFFICER,-,II,, KARNATAKA,INDUSTRIAL,AREAS,, DEVELOPMENT,BOARD,,, NO.,39,,SHANTIGRAHA,BHARAT,SCOUTS,AND, GUIDES,BUILDING,,, TH4 ,FLOOR,,PALACE,ROAD,,, BENGALURU,-,560,001, …,RESPONDENTS, (BY,SRI.,P.V.,CHANDRASHEKAR,,ADVOCATE,FOR,R2,AND,R3;, ,,,,,,,SMT.,YASHODHA,K.P.,,AGA,FOR,R1), , THIS,W.P.,IS,FILED,UNDER,ARTICLES,226,AND,227,OF, THE, CONSTITUTION, OF, INDIA,, PRAYING, TO, QUASHING, GENERAL, AWARD, DATED, 10.07.2013, BEARING, NO., RDBENGALURU/, VINHUSWA-2/APA-3 , PHASE/2013-14, TO, THE, EXTENT,OF,SY.,NO.,65/P20,MEASURING,2,ACRES,19,GUNTAS, (HEREIN, AFTER, REFERRED, AS, SUBJECT, LAND), SITUATED, IN, OBDENAHALLI, VILLAGE,, KASABA, HOBLI,, DODDABALLAPURA, TALUK,, BENGALURU, RURAL, DISTRICT, PASSED, BY, THE, R3, ENCLOSED,RELEVANT,EXTRACT,OF,,AT,ANNEXURE-A,AND,ETC., , THIS, PETITION, COMING, ON, FOR, ORDERS, 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.,,

The matter is taken up for disposal by consent.

¶2The petitioner has sought for setting aside of the general award at Annexure-A passed by respondent No.3 insofar as it relates to the property of the petitioner. Petitioner has also sought for further direction to respondent No.3 to consider the representation dated

16.01.2026 whereby the petitioner has requested respondent No.3 to consider the case in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act') and to pass consent award.

¶3The case of the petitioner is that he is willing for acceptance of consent award and accordingly seeks for appropriate direction for setting aside of the general award and direction to the respondents to consider the representation of the petitioner and pass 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 petitioner is concerned and the respondent - Special Land Acquisition Officer, KIADB would consider the request of the petitioner and pass a consent award as per law.

¶5In 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-A insofar as the petitioner's land is concerned, is set aside.

(ii) Respondent No.3 is directed to consider the claim of the petitioner 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.

¶6It is made clear that, in the event if there is any dispute with regard to entitlement and apportionment of the award amount, the general award at Annexure-A would stand revived.

¶7Liberty is reserved to the Special Land Acquisition Officer, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to the general award.

¶8Accordingly, the petition is disposed of in terms of the above. Sd/- (S SUNIL DUTT YADAV) JUDGE

VP