Sri. Ashok Chand v. The State of Karnataka

ORDER

(i) The writ petition is allowed.

(ii) The impugned general award bearing No.KIADB/ KRIDE / BHUSWA / C4 / R / 25 / 800-900 / Horamavu / 04 / 2025-26 dated 20.03.2026 passed by respondent No.3 in respect of Sy.No.99/1, measuring 191.50 square meters situate at Horamavu Village, K.R.Puram Hobli, Hobli, Bengaluru East Taluk, Bengaluru District is hereby quashed.

(iii) The petitioners are granted liberty to submit a representation to respondent - KIADB, expressing consent for an award 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 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 KIADB/ KRIDE / BHUSWA / C4 / R / 25 / 800- / Horamavu / / 2025-26 dated

20.03.2026 passed by respondent No.3.

(vi) In the event, 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.

¶6Learned High Court Government Pleader for respondent No.1 and Sri. P.V.Chandrashekar, learned counsel for respondent Nos.2 and 3 are permitted to file memo of appearance and Vakalath respectively within ten days.

¶7In view of disposal of main petition, pending interlocutory applications, if any, do not survive for consideration and same stand rejected.

Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 18

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 20879 OF 2026 (LA-KIADB) BETWEEN: 1. SRI. ASHOK CHAND S/O JEEVARAJ AGED ABOUT 60 YEARS, 2. SMT. MANJULA BAI, W/O ASHOK CHAND, AGED ABOUT 56 YEARS, 3. RAJESH KUMAR S/O JEEVARAJ AGED ABOUT 53 YEARS, 4. SMT. CHANDAN BALA, W/O RAJESH KUMAR, AGED ABOUT 48 YEARS, ALL ARE RESIDING AT NO.15, DODDAKATAPPA ROAD, 1ST CROSS, HALASURU ROAD, BANGALORE NORTH, BANGALORE-560008. …PETITIONERS (BY SRI. RAGHAVENDRA GOWDA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE & INDUSTRIES VIKASA SOUDHA, BANGALORE-560001. REPRESENTED BY ITS SECRETARY. by HEMALATHA J Location: HIGH COURT OF KARNATAKA 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIZA BHAVAN, BANGALORE - 560001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER 3. THE SPECIAL LAND ACQUISITION OFFICER (KRIDE), HEAD OFFICE, KIADB NO.14/1, ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560001. …RESPONDENTS (BY SMT. POOJA M KOORSE, HCGP FOR R1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD DATED 20/03/2026 BEARING NO.KIADB / KRIDE / BHUSWA / C4 / R / 25 / 800-900 / HORAMAVU / 04 / 2025-26 DATED 20.03.2026 PERTAINING TO PETITIONERS LAND MEASURING TO AN EXTENT OF 191.50 SQ.MTS., IN SY.NO.99/1, OF HORAMAVU VILLAGE, K.R.PURAM HOBLI, BANGALORE EAST TALUK VIDE ANNEXURE-A IN SO FAR AS PETITIONERS ARE CONCERNED PASSED BY THE THIRD RESPONDENT. 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 petitioners have challenged the general award bearing No.KIADB / KRIDE / BHUSWA / C4 / R / 25 /800- 900/Horamavu/04/2025-26 dated 20.03.2026 passed by respondent No.3. They have also sought for a writ in the nature of mandamus to direct respondents to consider their case by passing a consent award under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (henceforth referred to as 'KIAD Act' for short). 2. The petitioners claim that they are the owners of the land bearing Sy.No.99/1 totally measuring 35 guntas situate at Horamavu Village, K.R. Puram Hobli, Bengaluru East Taluk, out of which 191.50 square meters was proposed for acquisition for formation of industrial layout vide preliminary notification dated 17.01.2025 under Section 28(1) of the KIAD Act, followed by a final notification dated 29.03.2025. The petitioners contend that they executed a lease agreement in favour of Essay Petroleum India Private Limited for a period of 12 years for formation of petrol bunk station in Sy.No.99/1 of Horamavu village dated 10.08.2015, where lessee failed to form a petrol pump, since the lease agreement is in force, the respondents' authorities issued notification in the name of Essay Petrol Bunk Area. They further contend that the respondent - KIADB without considering the revenue records straight away passed the general award dated 20.03.2026 and deposited the compensation amount before the competent Court. Petitioners claim that respondent Nos.2 and 3 have neither issued any notice regarding taking possession nor called upon them to enter into a consent agreement as provided under Section 29(2) of the KIAD Act but the respondent No. 3 has passed the impugned general award. The petitioners therefore claim that the general award passed by respondent No.3 is not within their knowledge and not beneficial to them and hence, prays that the same be quashed and a direction be issued to pass an award by consent as provided under Section 29(2) of the KIAD Act. 3. Learned counsel for the petitioners submits that the respondent No.3 ought to have issued notice as mandated under Sections 9 and 10 of the Land Acquisition Act, 1894. However, without issuing notice and without giving an opportunity of being heard as pro