SRI. G. PARAMESH vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:58164
WP No. 32257 of 2026
CNR: KAHC010706492026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
WRIT PETITION NO. 32257 OF 2026 (LA-KIADB)
BETWEEN:
1. SRI. G. PARAMESH
S/O LATE GIRIYAPPA,
AGED ABOUT 64 YEARS,
R/AT NO.10, ATTIMARAMMA TEMPLE STREET,
KURBARA PATE, BANGALORE SOUTH,
BANGALORE-560053.
2.
SRI. G.VISHWANATH,
S/O LATE GIRIYAPPA,
AGED ABOUT 64 YEARS,
R/AT NO.10, ATTIMARAMMA TEMPLE STREET,
KURBARA PATE, BANGALORE SOUTH,
BANGALORE-560053.
3. SMT. GANGAHANUMAKKA,
W/O LATE GIRIYAPPA,
AGED ABOUT 64 YEARS,
R/AT NO.10, ATTIMARAMMA TEMPLE STREET,
KURBARA PATE, BANGALORE SOUTH,
BANGALORE-560053.
…PETITIONERS
Digitally
signed by
HEMALATHA J
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI. OMKARA MURTHY G., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF COMMERCE AND INDUSTRIES
VIDHANA SOUDHA
BANGALORE - 01.
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HC-KAR
NC: 2026:KHC:58164
WP No. 32257 of 2026
CNR: KAHC010706492026
2. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
BY ITS CHIEF EXECUTIVE OFFICER AND
EXECUTIVE MEMBER
TH TH
KHANIJA BHAVAN, 4 AND 5 FLOOR,
RACE COURSE ROAD
BANGALORE - 01
3. THE SPECIAL LAND ACQUISITION OFFICER,-2
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
NO.14/3, C.F.C BUILDING,
MAHARSHI ARVIND BHAVAN,
I FLOOR, N.R. ROAD,
BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NO.1;
SRI. VASANTHA, 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 BANGALORE/SLAO/2987/2016-17 DATED
RD
21.12.2016 PASSED BY 3 RESPONDENT IN RESPECT OF THE LAND
OF THE PETITIONERS BEARING SY. NO.42/1 MEASURING 1 ACRE 20
GUNTAS, SITUATED AT PEMMANAHALLI VILLAGE, SOMPURA HOBLI,
NELAMANGALA TALUK, WHICH IS PRODUCED AT ANNEXURE-A 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.Bangalore/SLAO/2987/2016-17 dated 21.12.2016 passed
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HC-KAR
NC: 2026:KHC:58164
WP No. 32257 of 2026
CNR: KAHC010706492026
by the respondent No.3 in respect of the land in Sy.No.42/1
measuring 1 acre 20 guntas situate at Pemmanahalli, Sompura
Hobli, Nelamangala Taluk. They have also sought for a writ in
the nature of mandamus to direct the respondents to consider
their case 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
the land in Sy.No.42/1 measuring 1 acre 20 guntas situate at
Pemmanahalli, Sompura Hobli, Nelamangala Taluk, which was
proposed for acquisition for formation of industrial layout vide
preliminary notification dated 02.08.2006 under Section 28(1)
of the KIAD Act, followed by a final notification dated
17.02.2007. The petitioners claim that the respondent Nos.2
and 3 have utilized their land without paying the compensation.
The respondent No.3 without providing an opportunity to the
petitioners to consent for an award, straightaway passed the
general award bearing No.Bangalore/SLAO/2987/2016-17
dated 21.12.2016 and deposited the compensation amount
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NC: 2026:KHC:58164
WP No. 32257 of 2026
CNR: KAHC010706492026
before the competent Court. The petitioners contend that the
State Government has issued a Government Order dated
23.02.2021 in terms of which, it has directed respondent -
KIADB to allot 10,781 sq.ft. per acre of developed land in lieu
of monetary compensation. The petitioners therefore claim that
the general award passed by respondent No.3 is not beneficial
to them and hence, prays that the same be quashed and a
direction be issued to respondent No.3 to pass an award by
consent and grant 10,781 sq.ft. developed land per acre in the
same layout.
3. Learned counsel for the petitioners submits that the
respondent No.3 without providing an opportunity to the
petitioners, has passed the general award bearing
No.Bangalore/SLAO/2987/2016-17 dated 21.12.2016 and
deposited the same before the competent Court. He further
submits that as per the Government Order dated 23.02.2021,
the extent of developed land is increased to 10,781 sq. ft. per
acre, and therefore, the petitioners being the lawful owners of
the acquired land, are entitled to allotment of developed land in
the industrial layout formed by respondent-KIADB. He further
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NC: 2026:KHC:58164
WP No. 32257 of 2026
CNR: KAHC010706492026
submits that in similar facts and circumstances in
W.P.No.3655/2026 filed by landlosers, a Co-ordinate Bench of
this Court has considered the prayer of the petitioners therein
for grant of developed land in lieu of cash compensation and
vide order dated 06.02.2026, was pleased to order to grant the
developed land in lieu of compensation under Section 29(2) of
the KIAD Act.
4. Learned counsel appearing for respondent Nos.2
and 3 does not dispute the Government Order dated
23.02.2021, by which developed industrial land of 10,781 sq.ft.
per acre is ordered to be allotted, in lieu of monetary
compensation. However, he submits that if the petitioners file
an appropriate representation, the same will be duly considered
in accordance with law.
5. In view of the above submission, following order is
passed:
ORDER
allowed
i. The Writ Petition is ;
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HC-KAR
NC: 2026:KHC:58164
WP No. 32257 of 2026
CNR: KAHC010706492026
ii. The impugned general award bearing
No.Bangalore/SLAO/2987/2016-17 dated
21.12.2016 passed by the respondent No.3 in
respect of the land in Sy.No.42/1 measuring 1
acre 20 guntas situate at Pemmanahalli,
Sompura Hobli, Nelamangala Taluk, 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;
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.Bangalore/SLAO/2987/2016-17
dated 21.12.2016 passed by the respondent
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HC-KAR
NC: 2026:KHC:58164
WP No. 32257 of 2026
CNR: KAHC010706492026
No.3 in respect of the land in Sy.No.42/1
measuring 1 acre 20 guntas situate at
Pemmanahalli, Sompura Hobli, Nelamangala
Taluk.
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 but only after notifying the
petitioners.
6. Learned Additional Government Advocate for
respondent No.1 and Sri. Vasantha, 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.: 2