SRI SHASHIDHAR vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC-K:11556
WP No. 204292 of 2026
C/W WP No. 204294 of 2026
WP No. 204295 of 2026
CNR: KAHC030113402026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 204292 OF 2026 (LA-KIADB)
C/W
WRIT PETITION NO. 204294 OF 2026 (LA-KIADB)
WRIT PETITION NO. 204295 OF 2026 (LA-KIADB)
IN WP No. 204292/2026
BETWEEN:
SRI MAHANTHAPPA
S/O KARABASAPPA
AGED ABOUT 53 YEARS
R/O NANDOOR (K) HIRENANDUR
GULBARGA, KARNATAKA-585228
…PETITIONER
(BY SRI. ABHIRAJ B CHENGTI., ADVOCATE)
Digitally signed
by SWETA
KULKARNI
Location:
HIGH COURT
OF
KARNATAKA
AND:
1.
THE STATE OF KARNATAKA
THROUGH ITS PRINCIPAL SECRETARY
DEAPRTMENT OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA
BENGALURU-560001
2. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
THROUGH ITS CHIEF EXECUTIVE OFFICER
NO 49, 4TH AND 5TH FLOORS
EAST WING, KHANEEJA BHAVAN
RACE COURSE ROAD, BENGALURU-560001
- 2 -
HC-KAR
NC: 2026:KHC-K:11556
WP No. 204292 of 2026
C/W WP No. 204294 of 2026
WP No. 204295 of 2026
CNR: KAHC030113402026
3. THE SPECIAL LAND ACQUISTION OFFICER
KIADB REGIONAL OFFICE
KAPNOOR INDUSTRIAL AREA
HUMNABAD ROAD
KALABURAGI
…RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA FOR R1;
SRI.KARTHIK I PATIL ADV., FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I)
ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED
GENERAL AWARD BEARING NO.SAN/KIADB/BHUSWA/KA/
01/2024-25 DATED 22.12.2025, PRODUCED AT ANNEXURE-A
TO THE CONCERNED PETITIONER AS BEING ILLEGAL
ARBITRARY AND WITHOUT JURISDICTION, AS IT DETERMINES
COMPENSATION UNDER THE OLD ACT AND NOT IN
ACCORDANCE WITH THE RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND
RESETTLEMENT ACT 2013; II) ISSUE A WRIT OF MANDAMUS
OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION,
DIRECTING THE RESPONDENTS TO PASS A FRESH AWARD FOR
THE ACQUISITION OF THE LAND OF THE PETITIONER BEARING
SURVEY NO.88/4 OF NANDUR-K VILLAGE KALABURAGI
DISTRICT BY DETERMINING THE COMPENSATION IN
ACCORDANCE WITH THE PROVISIONS OF THE RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT 2013 WITH
AMENDED SECTION 30 OF THE KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT ACT, 1966; III) ISSUE SUCH OTHER
WRIT/DIRECTIONS AS THIS HONOURABLE COURT MAY DEEMS
FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE.
IN WP NO. 204294/2026
BETWEEN:
1. SRI TIPPANNA
S/O NINGAPPA BELAGUMPPI
AGED ABOUT 54 YEARS
- 3 -
HC-KAR
NC: 2026:KHC-K:11556
WP No. 204292 of 2026
C/W WP No. 204294 of 2026
WP No. 204295 of 2026
CNR: KAHC030113402026
R/O NANDOOR (K), HIRENANDUR
GULBARGA, KARNATAKA-585228
...PETITIONER
(BY SRI. ABHIRAJ B CHENGTI., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH ITS PRINCIPAL SECRETARY
DEPARTMENT OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA
BENGALURU-560001
2.
THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
THROUGH ITS CHIEF EXECUTIVE OFFICER
NO.49, 4TH AND 5TH FLOORS
EAST WING, KHANEEJA BHAVAN
RACE COURSE ROAD
BENGALURU-560001
3. THE SPECIAL LAND ACQUISITION OFFICER
KIADB REGIONAL OFFICE
KAPNOOR INDUSTRIAL AREA
HUMNABAD ROAD
KALABURAGI
...RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA FOR R1;
SRI.KARTHIK I PATIL ADV., FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,
I) ISSUE A WRIT OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING
THE IMPUGNED GENERAL AWARD BEARING NO.
SAN/KIADB/BHUSWA/KA/01/2024-25 DATED 22.12.2025
PASSED BY R3 PRODUCED AT ANNEXURE-A AS BEING
ILLEGAL, ARBITRARY AND WITHOUT JURISDICTION, AS IT
- 4 -
HC-KAR
NC: 2026:KHC-K:11556
WP No. 204292 of 2026
C/W WP No. 204294 of 2026
WP No. 204295 of 2026
CNR: KAHC030113402026
DETERMINES COMPENSATION UNDER THE OLD ACT AND
NOT IN ACCORDANCE WITH THE RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT
2013; II) ISSUE A WRIT OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING
THE RESPONDENTS TO PASS A FRESH AWARD FOR THE
ACQUISITION OF THE LAND OF THE PETITIONER BEARING
SURVEY NO. 166/4 OF NANDUR-K VILLAGE KALABURAGI
DISTRICT BY DETERMINING THE COMPENSATION IN
ACCORDANCE WITH THE PROVISIONS OF THE RIGHT TO
FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT
2013 WITH AMENDED SECTION 30 OF THE KARNATAKA
INDUSTRIAL AREAS DEVELOPMENT ACT, 1966; III) ISSUE
SUCH OTHER WRIT/DIRECTIONS AS THIS HONOURABLE
COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES
OF THE CASE.
IN WP NO. 204295/2026
BETWEEN:
1.
SRI. SHASHIDHAR
S/O AMRUTH
AGED ABOUT 30 YEARS
2. SRI. SHRIDHAR S/O AMRUTH
AGED ABOUT 33 YEARS
3.
SMT. NAGAMMA
W/O AMRUTH GOBBUR
AGED ABOUT 48 YEARS
ALL ARE
R/A PLOT NO.21, SHARAN NAGAR ROAD
BEHIND HANUMAN TEMPLE
MANIKESHWARI COLONY, GULBARGA
PO: BAHAMANIPURA, DIST: KALABURAGI
KARNATAKA-585103
- 5 -
HC-KAR
NC: 2026:KHC-K:11556
WP No. 204292 of 2026
C/W WP No. 204294 of 2026
WP No. 204295 of 2026
CNR: KAHC030113402026
...PETITIONERS
(BY SRI. ABHIRAJ B CHENGTI., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH ITS PRINCIPAL SECRETARY
DEPARTMENT OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA
BENGALURU-560001
2. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
THROUGH ITS CHIEF EXECUTIVE OFFICER
NO.49, 4TH AND 5TH FLOORS
EAST WING, KHANEEJA BHAVAN
RACE COURSE ROAD, BENGALURU-560001
3. THE SPECIAL LAND ACQUISITION OFFICER
KIADB REGIONAL OFFICE
KAPNOOR INDUSTRIAL AREA
HUMNABAD ROAD
KALABURAGI
...RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA FOR R1;
SRI.KARTHIK I PATIL ADV., FOR R2 AND R3)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I)
ISSUE A WRIT OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING
THE IMPUGNED GENERAL AWARD BEARING NO.
SAN/KIADB/BHUSWA/KA01/2024-25 DATED 13-03-2026
PASSED BY R3 PRODUCED AT ANNEXURE A AS BEING
ILLEGAL, ARBITRARY AND WITHOUT JURISDICTION, AS IT
DETERMINES COMPENSATION UNDER THE OLD ACT AND
NOT IN ACCORDANCE WITH THE RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT
- 6 -
HC-KAR
NC: 2026:KHC-K:11556
WP No. 204292 of 2026
C/W WP No. 204294 of 2026
WP No. 204295 of 2026
CNR: KAHC030113402026
2013; II) ISSUE A WRIT OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING
THE RESPONDENTS TO PASS A FRESH AWARD FOR THE
ACQUISITION OF THE LAND OF THE PETITIONER BEARING
SURVEY NO.74/2 OF NANDUR-K VILLAGE KALABURAGI
DISTRICT BY DETERMINING THE COMPENSATION IN
ACCORDANCE WITH THE PROVISIONS OF THE RIGHT TO
FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT ACT
2013 WITH AMENDED SECTION 30 OF THE KARNATAKA
INDUSTRIAL AREAS DEVELOPMENT ACT, 1966; III) ISSUE
SUCH OTHER WRIT/DIRECTIONS AS THIS HONOURABLE
COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES
OF THE CASE.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN
AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
In these petitions, the petitioners are seeking the
following prayers:
“ IN WP No. 204292/2026
i) Issue a writ of certiorari or any other appropriate
writ, order or direction, quashing the impugned
general award bearing no.SAN/KIADB/BHUSWA/KA/
01/2024-25 dated 22.12.2025, produced at
Annexure-A to the concerned petitioner as being
illegal, arbitrary and without jurisdiction, as it
determines compensation under the old act and not
- 7 -
HC-KAR
NC: 2026:KHC-K:11556
WP No. 204292 of 2026
C/W WP No. 204294 of 2026
WP No. 204295 of 2026
CNR: KAHC030113402026
in accordance with the right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act 2013;
ii) Issue a writ of mandamus or any other
appropriate writ, order or direction, directing the
respondents to pass a fresh award for the acquisition
of the land of the petitioner bearing survey no.88/4
of Nandur-K village kalaburagi district by determining
the compensation in accordance with the provisions
of the right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement
Act 2013 with amended Section 30 of the Karnataka
Industrial Areas Development Act, 1966;
iii) Issue such other writ/directions as this
Honourable Court may deems fit to grant in the
circumstances of the case
IN WP No. 204294/2026
i) Issue a writ of certiorari or any other appropriate
writ, order or direction, quashing the impugned
general award bearing no.
SAN/KIADB/BHUSWA/KA/01/2024-25 dated
22.12.2025 passed by R3 produced at Annexure-A as
being illegal, arbitrary and without jurisdiction, as it
determines compensation under the old act and not
in accordance with the Right to Fair Compensation
- 8 -
HC-KAR
NC: 2026:KHC-K:11556
WP No. 204292 of 2026
C/W WP No. 204294 of 2026
WP No. 204295 of 2026
CNR: KAHC030113402026
and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act 2013;
ii) Issue a writ of mandamus or any other
appropriate writ, order or direction, directing the
respondents to pass a fresh award for the acquisition
of the land of the petitioner bearing survey No.
166/4 of Nandur-K village Kalaburagi district by
determining the compensation in accordance with the
provisions of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act 2013 with amended Section 30 of
the Karnataka Industrial Areas Development Act,
1966;
iii) Issue such other writ/directions as this
Honourable Court may deem fit to grant in the
circumstances of the case.
IN WP No. 204295/2026
i) Issue a writ of certiorari or any other appropriate
writ, order or direction, quashing the impugned
general award bearing no.
SAN/KIADB/BHUSWA/KA/01/2024-25 dated 13-03-
2026 passed by R3 produced at Annexure A as being
illegal, arbitrary and without jurisdiction, as it
determines compensation under the old act and not
in accordance with the Right to Fair Compensation
- 9 -
HC-KAR
NC: 2026:KHC-K:11556
WP No. 204292 of 2026
C/W WP No. 204294 of 2026
WP No. 204295 of 2026
CNR: KAHC030113402026
and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act 2013;
ii) Issue a writ of mandamus or any other
appropriate writ, order or direction, directing the
respondents to pass a fresh award for the acquisition
of the land of the petitioner bearing survey No.74/2
of Nandur-K village Kalaburagi district by
determining the compensation in accordance with the
provisions of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act 2013 with amended section 30 of
the Karnataka Industrial Areas Development Act,
1966;
iii) Issue such other writ/directions as this
Honourable Court may deem fit to grant in the
circumstances of the case”
2. Learned counsel appearing for the petitioners, submits
that the general award was passed by respondent No.3 –
Special Land Acquisition Officer, KIADB (‘SLAO’ for short), after
the amendment to Section 30 of the Karnataka Industrial Areas
Development Act, 1966 (‘KIAD Act’ for short).
- 10 -
HC-KAR
NC: 2026:KHC-K:11556
WP No. 204292 of 2026
C/W WP No. 204294 of 2026
WP No. 204295 of 2026
CNR: KAHC030113402026
3. It is submitted that the award in question is passed
after the amendment to Section 30 of the KIAD Act. Hence, the
award is required to be passed under the provisions of the
Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (‘the
Act, 2013’ for short). In support of his contention, he placed
reliance on the decision of the Co-ordinate Bench of this Court
in the case of SMT. ANITHA AND OTHERS Vs. STATE OF
1
KARNATAKA AND OTHERS .
4. Learned Additional Government Advocate appearing
for respondent No.1 and learned counsel appearing for
respondent Nos.2 and 3 - KIADB submits that the amendment
to Section 30 of the KIAD Act has to be construed with
reference to the date of the preliminary notification and in the
case on hand, the preliminary notification is dated 09.12.2020
and final notification is dated 23.11.2022. Hence, the passing
of the award by the KIADB under the Land Acquisition Act,
1894 (‘LA Act’ for short) is just and correct and does not call for
1
W.P.No.4627/2024, Dt:27.09.2024
- 11 -
HC-KAR
NC: 2026:KHC-K:11556
WP No. 204292 of 2026
C/W WP No. 204294 of 2026
WP No. 204295 of 2026
CNR: KAHC030113402026
any interference by this Court. Hence, they seek to dismiss the
writ petition.
5. I have heard the arguments of learned counsel
appearing for the petitioners, learned Additional Government
Advocate appearing for respondent No.1, learned counsel
appearing for respondent Nos.2 and 3 – KIADB and
meticulously perused the material placed on record.
6. It is not in dispute that various extents of land
belonging to the petitioners were acquired by the respondent -
State by issuing a preliminary notification under Section 28(1)
of the KAID Act on 09.12.2020 and a final
notification/declaration under Section 28(4) of the KIAD Act on
23.11.2022. It is to be noticed that the SLAO, KIADB, passed
the general award on 22.12.2025 in WP Nos.204292/2026 and
204294/2026 and 13.03.2026 in WP No.204295/2026.
7. Admittedly, the aforesaid awards were passed after
substitution of Section 30 to the KIAD Act. It is to be noticed
that Section 30 of the KIAD Act was substituted by Act
- 12 -
HC-KAR
NC: 2026:KHC-K:11556
WP No. 204292 of 2026
C/W WP No. 204294 of 2026
WP No. 204295 of 2026
CNR: KAHC030113402026
No.20/2020, with effect from 05.04.2022. Section 30 of the
KIAD Act reads as under:
“ 30. Application of Central Act 30 of
2013.- The Sections 23, 23-A, 26, 27, 28, 29, 30,
64, 65, 69, 72, 73, 74, 75, 76, 77, 78, 79, 80, 96
and Schedule 1 of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 (Central Act 30 of 2013)
shall for the purpose be deemed to form part of this
Act in the same manner as if they were re-enacted in
the body thereof in respect of lands acquired under
this Chapter .”
8. The effect of the aforesaid substitution is that the
aforesaid provisions of the Act, 2013 apply to acquisitions made
under the KIAD Act with effect from 05.04.2022.
9. When things stood thus, the passing of the general
award by the KIADB under the LA Act is without jurisdiction and
is illegal, as on the date of passing of the award, the LA Act
was not in force. The same view has been taken by the Co-
ordinate Bench in the case of SMT. ANITHA, referred supra, at
paragraph No.51, which reads as under:
- 13 -
HC-KAR
NC: 2026:KHC-K:11556
WP No. 204292 of 2026
C/W WP No. 204294 of 2026
WP No. 204295 of 2026
CNR: KAHC030113402026
“ 51. As far as the argument of Mr.Patil that the
provisions of the 2013 Act would have to be applied for
awarding compensation is concerned, it cannot be in
dispute that Section 30 was substituted in its entirety
prior to 05.04.2022. The KIADB, therefore, should not
have awarded compensation under the 1894 Act. Since
the award in the instant case has been passed after
05.04.2022, i.e., on 05.02.2024 and approved on
08.02.2024 under the 1894 Act, the general awards
cannot be sustained (though there is no specific prayer
made in the present petition) and the same are,
accordingly, quashed . ”
10. In view of the preceding analysis, the general award
passed by the SLAO, KIADB, are required to be quashed.
Hence, I proceed to pass the following:
ORDER
i) The writ petitions are allowed .
ii) The general awards dated 22.12.2025 and
13.03.2026 passed by the Special Land
Acquisition Officer, KIADB are set aside, insofar
as petitioners are concerned.
- 14 -
HC-KAR
NC: 2026:KHC-K:11556
WP No. 204292 of 2026
C/W WP No. 204294 of 2026
WP No. 204295 of 2026
CNR: KAHC030113402026
iii) The Land Acquisition Officer, KIADB is directed
to pass fresh awards in accordance with the
provisions of the Right to Fair Compensation
and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013,
within a period of three(3) months from the
date of receipt of a certified copy of this order.
iv) If any amount has been deposited or released
in favour of the land losers, the same shall be
adjusted towards the fresh awards, which are
to be passed by the Land Acquisition Officer,
KIADB.
Pending applications, if any, stand disposed of.
No order as to costs.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
NJ
List No.: 1 Sl No.: 50