Sri. Veera Kyathappa v. The State of Karnataka

((((((((((((HC-KAR, NC:(2026:KHC:43255( WP(No.(25209(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010558662026( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

TH DATED(THIS(THE(13 (DAY(OF(AUGUST,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(R.(NATARAJ(

WRIT(PETITION(NO.(25209(OF(2026((LA-KIADB)(

BETWEEN:(( ( SRI.,VEERA,KYATHAPPA, S/O.,LATE,NAGAPPA,,, AGE,ABOUT,60,YEARS,,, R/AT.45,,KODIHALLI,,,

DODDABALLAPURA,TALUK,,, BENGALURU,RURAL-561203., …PETITIONER,

(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., Digitally , signedtiby 2., KARNATAKA,INDUSTRIAL,AREAS,DEVELOPMENT,BOARD, HEMALATHA0J REP.,BY,ITS,CHIEF,EXECUTIVE,OFFICER,AND,,Location:

HIGH0COURT EXECUTIVE,MEMBER,,, OF KHANIJA,BHAVANA,,, KARNATAKA 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,,HIGH,COURT,GOVERNMENT,PLEADER, FOR,RESPONDENT,NO.1;,

SRI. H.L.PRADEEP KUMAR, ADVOCATE FOR RESPONDENT NOS.2 AND 3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD BEARING NO. KIADB/LAQ/ /2025-26 DATED 03.11.2025 PASSED BY THE RESPONDENT NO.3 IN RESPECT OF LAND IN SY.NO.135 MEASURING 1 ACRE 15 GUNTAS, SITUATED AT KONAGHATTA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, IN SO FAR AS THE PETITIONER LAND IS CONCERNED, WHICH IS PRODUCED AT ANNEXURE-D 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 to quash the general award bearing No.KIADB/LAQ/ /2025-26 dated 03.11.2025 passed by the respondent No.3 in so far as it relates to the land belonging to the petitioner i.e. land bearing Sy.No.135 situate at Konaghatta Village, Kasaba Hobli, Doddaballapura Taluk, Bengaluru Rural District, measuring 1 acre 15 guntas (henceforth referred to as the 'petition schedule property'). The petitioner has also sought for a direction to the respondent No.3 to consider his case and pass a consent award under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (henceforth referred to as 'KIAD Act') in respect of the aforesaid land.

2.

(i) The petitioner claims that he is the owner of the land in Sy.No.135 measuring 1 acre 15 guntas situate at Konaghatta village, Kasaba Hobli, Doddaballapura Taluk, Bengaluru Rural District, having inherited it. The mother of the petitioner Smt. Lakshmamma, was the erstwhile owner and she died on 30.12.2020 leaving behind the petitioner herein who inherited her estate. The aforesaid land was acquired by the respondent No.1 for the purposes of the respondent No.2 in terms of preliminary notification bearing No.CI 17 SPQ(E) 2006, Bangalore, dated 07.02.2022 and final notification bearing No.CI 17 SPQ(E) 2023, Bangalore, dated 27.02.2023. He contends that the respondent No.3 passed a general award dated 03.11.2025 as per Annexure-D to the petition.

(ii) The petitioner claims that the respondent No.3 has not issued any notice to him and has not followed the procedure mandated under Section 29(2) of the KIAD Act before passing the impugned general award. He contends that in similar circumstances, this Court in W.P.No.20531/2026 (disposed off on 07.07.2026) filed by Sri. B.G. Veeranna against the State has considered the prayer of the petitioner

therein. The petitioner is, therefore, before this Court challenging the general award in so far as it relates to the petition schedule property and seeks a direction to the respondent No.3 to pass a consent award.

¶3The learned counsel for the petitioner reiterated the above submissions.

¶4The learned counsel for the respondent Nos.2 and 3 does not dispute the fact that the respondent No.2 - KIADB has constituted a Committee for determination of the price of the acquired land and that higher compensation is determined to those land losers who consent to the acquisition.

¶5In that view of the matter, it is appropriate that the impugned general award is set at nought and a direction is issued to respondent No.3 to pass a consent award under Section 29(2) of the KIAD Act.

¶6In view of the above, the petition is allowed. The impugned general award bearing No.KIADB/LAQ/ /2025-26 dated 03.11.2025, in respect of the land bearing Sy.No.135 situate at Konaghatta Village, Kasaba Hobli, Doddaballapura

Taluk, Bengaluru Rural District, measuring 1 acre 15 guntas, is quashed. The respondent No.3 is directed to pass a consent award under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 within a period of three months from the date of receipt of a certified copy of this order. If there are any objections against passing a consent award which cannot be resolved, then the general award dated 03.11.2025 shall stand restored.

¶7It is needless to mention that the respondent No.3 is at liberty to withdraw the amount deposited before the Civil Court as per the general award bearing No.KIADB/LAQ/ /2025-26 dated 03.11.2025.

¶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 PMR List No.: 1 Sl No.: 24