Sri. Venkataswamaiah @ Venkatesh v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 20654 OF 2026 (LA-KIADB) BETWEEN:

SRI. VENKATASWAMAIAH @ VENKATESH S/O. LATE VENKATAPPA AGED ABOUT 50 YEARS RESIDING AT AVVERAHALLI VILLAGE SOMPURA HOBLI, NELAMANGALA TALUK BANGALORE RURAL DISTRICT - 562 111. …PETITIONER (BY SRI. SHARAN N. MAJAGE., ADVOCATE) AND:

¶1THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA BANGALORE - 560 001.

¶2KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER KHANIJA BHAVANA RACE COURSE ROAD BENGALURU - 560 001.

¶3THE SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.14/3, 1ST FLOOR, CFC BUILDING MAHARSHI ARAVINDA BHAVAN

by HEMALATHA J Location: HIGH COURT OF KARNATAKA

NRUPATUNGA ROAD BANGALORE - 560 001. …RESPONDENTS (BY SMT. POOJA M. KOORSE, HCGP FOR R1; SRI. H.L.PRADEEP KUMAR, ADVOCATE FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE GENERAL AWARD DATED 22.07.2022 PASSED BY THE RESPONDENT NO. 3 (PRODUCED AS ANNEXURE-F), INSOFAR AS IT PERTAINS TO THE PETITIONER'S LAND BEARING SURVEY NO.94/1, MEASURING 14 GUNTAS, SITUATED AT AVVERAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER The petitioner has sought for a writ in the nature of certiorari praying to quash the general award bearing No.KIADB/LAQ/452/2023-24 dated 22.07.2022 passed by the respondent No.3, in respect of petitioner's land bearing Sy.No.94/1, measuring 14 Guntas situated at Avverahalli Village, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District.

2(i). The petitioner claims to be the owner of land in Sy.No.94/1, measuring 14 Guntas situated at Avverahalli Village, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District. The respondent No.1 issued a preliminary notification dated 29.12.2012 under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (henceforth referred to as 'Act, 1966' for short), proposing to acquire the aforesaid land for the purpose of establishing an Industrial Area. Thereafter, a final notification dated 31.08.2018 was issued, declaring the intention to acquire the said land and that the land had vested in the State.

(ii). The petitioner contends that the possession of the aforesaid lands was taken over by the respondents. However, even after the acquisition proceedings were completed and possession was taken, the respondents failed to determine and pay the compensation.

(iii). Thereafter, respondent No.3 passed a general award dated 22.07.2022 determining compensation at a

meagre sum and it was ordered to be deposited before the Civil Court. Aggrieved thereby, the petitioner has sought quashing of the general award dated 22.07.2022 and has further prayed for a direction to respondent No.3 to determine compensation payable in respect of the acquired lands in terms of Section 29(2) of the Act, 1966.

¶3Learned counsel for the petitioner submits that in similar set of facts and circumstances, a Co-ordinate bench of this Court in W.P.No.5693/2026 passed an order dated 27.02.2026 granting relief and therefore prays that this petition may also be disposed off on similar lines.

¶4The learned counsel for respondent Nos.2 and 3 does not dispute the fact that the petitioner did not challenge the acquisition notifications issued by the respondent No.1. He also does not dispute the fact that a general award was passed determining the compensation payable in respect of the acquired land and that compensation so determined is yet to be paid to the petitioner. He further does not dispute the fact that the

issue raised in this petition is squarely covered by the judgment of a Co-ordinate Bench of this Court in W.P.No.5693/2026.

¶5In view of above, this writ petition is allowed. The impugned general award dated 22.07.2022 passed by the respondent No.3, in so far as the petitioner's land mentioned hereinabove is concerned is set aside. The respondent No.3 is directed to consider the claim of the petitioner and pass a consent award as provided under Section 29(2) of the Act, 1966, within a period of four months from the date of receipt of a copy of this order.

¶6It is made clear, in the event there is any dispute regarding the entitlement and apportionment of the award, the general award dated 22.07.2022 would stand revived and the petitioner would be entitled to seek enhancement of the compensation in accordance with law.

¶7Any amount deposited by respondent No.3 before the competent Civil Court is permitted to be withdrawn, if there are no rival claimants for passing a consent award.

¶8Learned 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

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