SMT SIDDAGANGAMMA, vs THE STATE OF KARNATAKA,
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59843
WP No. 32571 of 2026
CNR: KAHC010702512026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
WRIT PETITION NO. 32571 OF 2026 (LA-KIADB)
BETWEEN:
SMT. SIDDAGANGAMMA,
W/O LATE PUTTAIH,
AGED ABOUT 75 YEARS
RESIDENT OF HONNENAHALLI VILLAGE,
BARAGENAHALLI POST, SOMPURA HOBLI,
NELAMANGALA TALUK,
BENGALURU RURAL DISTRICT-562111.
…PETITIONER
(BY SRI. R. RAMESH BABU, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
BY ITS SECRETARY,
DEPARTMENT OF COMMERCE AND INDUSTRIES,
VIDHANA SOUDHA,
BENGALURU-560 001.
2.
THE KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER,
NO.2/1 AND 2/3, ACHARYA TULASI ROAD,
ST
1 MAIN, GANDHINAGAR,
BANGALORE-560 009.
3. THE SPECIAL LAND ACQUISITION OFFICER-2 (BMICP)
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
MAHARSHI ARAVINDA BHAVAN,
ST
1 FLOOR, NRUPATHUNGA ROAD,
BENGALURU-560 001.
Digitally
signed by
HEMALATHA J
Location:
HIGH COURT
OF
KARNATAKA
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NC: 2026:KHC:59843
WP No. 32571 of 2026
CNR: KAHC010702512026
REPRESENTED BY SLAO 2 (BMICP)
…RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NO.1;
SRI. T. SOMASHEKAR, ADVOCATE FOR RESPONDENT NOS.2 AND 3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD
BEARING NO.BANGALORE/SLAO-2/685/2015-16, DATED 09.06.2015
PASSED BY THE RESPONDENT NO.3 IN RESPECT OF THE LAND IN
SY.NO.97, 0-05 GUNTAS SITUATED AT HONNENAHALLI VILLAGE,
SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL
DISTRICT, IN SO FAR AS THE PETITIONER IS CONCERNED, WHICH
IS PRODUCED AS ANNEXURE-C 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.Bengaluru/VIBHUSWAA-2/685/2015-16 dated 09.06.2015
passed by the respondent No.3 in respect of the land in
Sy.No.97 measuring 05 guntas situate at Honnenahalli Village,
Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District.
She has also sought for a writ in the nature of mandamus to
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HC-KAR
NC: 2026:KHC:59843
WP No. 32571 of 2026
CNR: KAHC010702512026
direct the respondents to consider her 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 petitioner claims that she is the owner of land
bearing Sy.No.97 measuring 05 guntas situate at Honnenahalli
Village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural
District, which was proposed for acquisition for formation of
industrial layout vide preliminary notification bearing
No.CI.461.SPQ.2007 dated 29.11.2008 under Section 28(1) of
the KIAD Act, followed by a final notification bearing
No.CI.531.SPQ.2009 dated 27.05.2010. The petitioner claims
that the respondent Nos.2 and 3 have utilized her land without
paying the compensation. However, it is further contended that
the respondent - KIADB without considering the revenue
records and without verifying the genuineness of the objections
filed by some interloper, straight away passed the general
award bearing No.Bengaluru/VIBHUSWAA-2685/2015-16 dated
09.06.2015 and deposited the compensation amount before the
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NC: 2026:KHC:59843
WP No. 32571 of 2026
CNR: KAHC010702512026
competent Court. However, the petitioner contend that the
State Government has issued a Government Order dated
23.02.2021 in terms of which, it has directed to allot 10,781
sq.ft. per acre of developed land in lieu of monetary
compensation. The petitioner therefore claims that the general
award passed by respondent No.3 is not beneficial to her 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. per acre developed land in the same layout.
3. Learned counsel for the petitioner submits that the
respondent No.3 passed the impugned general award on
09.06.2015 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 petitioner being the
lawful owner of the acquired land, is entitled to allotment of
developed land in the industrial layout formed by respondent-
KIADB. He further submits that in similar facts and
circumstances in W.P.No.18804/2026 filed by a landloser, this
Court has considered the prayer of the petitioner therein for
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WP No. 32571 of 2026
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grant of developed land in lieu of cash compensation and vide
order dated 23.06.2026 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 petitioner files
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 ;
ii. The impugned general award bearing
Bengaluru/VIBHUSWAA-2/685/2015-16 dated
09.06.2015 passed by the respondent No.3 in
respect of the land in Sy.No.97 measuring 05
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WP No. 32571 of 2026
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guntas situate at Honnenahalli Village,
Sompura Hobli, Nelamangala Taluk, Bengaluru
Rural District is hereby quashed;
iii. The petitioner is granted liberty to submit a
fresh representation to respondent - KIADB,
expressing consent for an award and agree to
receive 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
petitioner;
v. The respondent-KIADB is at liberty to
withdraw the amount, if any, deposited before
the Civil Court pursuant to the general award
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HC-KAR
NC: 2026:KHC:59843
WP No. 32571 of 2026
CNR: KAHC010702512026
Bengaluru/VIBHUSWAA-2/685/2015-16 dated
09.06.2015 passed by the respondent No.3 in
respect of the land in Sy.No.97 measuring 05
guntas situate at Honnenahalli Village,
Sompura Hobli, Nelamangala Taluk, Bengaluru
Rural District.
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.
Sd/-
(R. NATARAJ)
JUDGE
HJ
List No.: 1 Sl No.: 42