KALPANA PALEGAR vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
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WP No. 12120 of 2024
C/W WP No. 12072 of 2024
CNR: KAHC010233602024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ST
DATED THIS THE 1 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
WRIT PETITION NO. 12120 OF 2024 (LA-KIADB)
C/W
WRIT PETITION NO. 12072 OF 2024 (LA-KIADB)
IN WP No. 12120/2024
BETWEEN:
KALPANA PALEGAR
W/O. PRASAD PALEGAR
AGED ABOUT 64 YEARS
TH
R/AT NO.22, 8 CROSS
KUMARA PARK WEST
BENGALURU - 560 020
…PETITIONER
(BY SRI. RAJESWARA P.N., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
COMMERCE AND INDUSTRIES DEPARTMENT
VIKASA SOUDHA
BENGALURU - 560 001
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
TH TH
NO.49, 4 AND 5 FLOOR, EAST WING
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU - 560 001
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
AND EXECUTIVE MEMBER
3. SPECIAL DEPUTY COMMISSIONER
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD
TH TH
NO.49, 4 AND 5 FLOOR, EAST WING
KHANIJA BHAVAN, RACE COURSE ROAD,
Digitally
signed by
HEMALATHA J
Location:
HIGH COURT
OF
KARNATAKA
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BENGALURU - 560 001
4. THE SPECIAL LAND ACQUISITION OFFICER
(METRO RAILWAY PROJECT)
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
MAHARSHI ARVIND BHAVAN
ST
1 FLOOR, NRUPATHUNGA ROAD,
BENGALURU - 560 001
5.
BANGALORE METRO RAIL CORPORATION LTD.,
HAVING ITS OFFICE AT
RD
3 FLOOR, BMTC COMPLEX
K.H ROAD, SHANTINAGAR
BENGALURU - 560 027
REPRESENTED BY ITS
MANAGING DIRECTOR
6. ASHWINI RAJENDRA
S/O. O.L.RAJENDRA
MAJOR IN AGE
7. AJAY RAJENDRA
S/O. O.L. RAJENDRA
MAJOR IN AGE
RESPONDENTS NOS.6 AND 7
ARE RESIDING AT
NO.17, SANKEY APARTMENTS
SANKEY ROAD, SADASHIV NAGAR
BENGALURU - 560 018
…RESPONDENTS
(BY SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER
FOR RESPONDENT NO.1;
SRI. C. RAMAKRISHNA, ADVOCATE FOR RESPONDENT NOS.2 TO 4;
SRI. HARISH N.N., ADVOCATE FOR RESPONDENT NO.5;
SRI. SUHITH S., ADVOCATE FOR RESPONDENT NOS.6 AND 7)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD
BEARING NO.KIADB/METRO/BHU.SWA/ARP-TRJ-9/2020-21 DATED
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WP No. 12120 of 2024
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05.10.2020 ISSUED BY THE RESPONDENT NO.4 IN RESPECT
PETITIONER'S LAND MEASURING 729.80 SQUARE METERS OF LAND
IN SY.NO.117/1, OF SHETTIGERE VILLAGE, JALA HOBLI, YELAHANKA
TALUK, BANGALORE URBAN DISTRICT AT ANNEXURE-A AND ETC.
IN WP NO. 12072/2024
BETWEEN:
KALPANA PALEGAR
W/O. PRASAD PALEGAR,
AGED ABOUT 64 YEARS,
TH
R/AT NO.22, 8 CROSS,
KUMARA PARK WEST
BENGALURU - 560020
...PETITIONER
(BY SRI. RAJESWARA P.N., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
COMMERCE AND INDUSTRIES DEPARTMENT,
VIKASA SOUDHA,
BENGALURU - 560001
2.
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
TH TH
NO.49, 4 AND 5 FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD
BENGALURU - 560001
REP. BY ITS CHIEF EXECUTIVE OFFICER
AND EXECUTIVE MEMBER
3.
SPECIAL DEPUTY COMMISSIONER
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD,
TH TH
NO.49, 4 AND 5 FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD
BENGALURU - 560001
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4. THE SPECIAL LAND ACQUISITION OFFICER
(METRO RAILWAY PROJECT),
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD,
ST
MAHARSHI ARVIND BHAVAN, 1 FLOOR,
NRUPATHUNGA ROAD,
BENGALURU - 560001
5. BANGALORE METRO RAIL CORPORATION LTD.,
RD
HAVING ITS OFFICE AT 3 FLOOR,
BMTC COMPLEX, K.H. ROAD,
SHANTINAGAR,
BENGALURU - 560027
REPRESENTED BY ITS MANAGING DIRECTOR
...RESPONDENTS
(BY SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER
FOR RESPONDENT NO.1;
SRI. B.S.KARTHIKEYAN, ADVOCATE FOR RESPONDENT NOS.2 TO 4;
SRI. HARISH N.N., ADVOCATE FOR RESPONDENT NO.5)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION
OF INDIA PRAYING TO QUASH THE GENERAL AWARD
BEARING NO.KIADB/METRO/BHU.SWA/ARP-TRJ-9/2020-21 DATED
05.10.2020 IN RESPECT PETITIONER'S LAND MEASURING 2421.49
SQUARE METERS OF LAND IN MUNICIPAL KHATHA NO.170/170
CARVED OUT OF SY.NO.117/3, (OLD SY.NO. 79) OF SHETTIGERE
VILLAGE, JALA HOBLI, YELAHANKA TALUK, BANGALORE URBAN
DISTRICT AT ANNEXURE-A AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
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ORAL ORDER
The petitioner in both these petitions has sought for a
writ in the nature of certiorari to quash the general award
bearing No.KIADB/Metro/Bhu.Swa/ARP-TRJ-9/2020-21 dated
05.10.2020 in respect of land measuring 729.80 square meters
and 2421.49 square meters respectively in Sy.Nos.117/1 and
117/3 (Old Sy.No.79) situate at Shettigere Village, Jala Hobli,
Yelahanka Taluk, Bengaluru Urban District. She has sought for
a direction to pass an award under the provisions of the Right
to Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (henceforth referred
to as 'Act, 2013' for short) in respect of the aforesaid lands, by
considering her representations dated 27.02.2020, 07.09.2020,
17.02.2023 and 18.03.2024.
2. (i) The petitioner in both these petitions claims
to be the owner of land measuring 02 acres 12 guntas and 03
acres 20 guntas in Sy. Nos.117/1 and 117/3 situate at
Shettigere Village, Jala Hobli, Yelahanka Taluk, Bengaluru
Urban District respectively. The respondent No.1 issued a
notification dated 29.08.2019 under Section 28(1) of the
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Karnataka Industrial Areas Development Act, 1966 (henceforth
referred to as 'KIAD Act' for short) proposing to acquire 729.80
sq.mtrs. of land in Sy.No.117/1 and 2421.49 sq.mtrs, of land in
Sy.No.117/3 situate at Shettigere village. Following this, a final
notification dated 29.11.2019 was issued in respect of the
aforesaid lands. A general award dated 05.10.2020 was passed
by the respondent No.4, which was approved by the
Rs.
respondent No.3 determining compensation at 9,711.19/-
per square metre.
(ii) The petitioner in both these petitions claim that in
respect of adjacent lands notified under the same notification,
the respondents determined the compensation payable at
Rs.24,150/- per square metre and in respect of land acquired
under a subsequent notification dated 21.10.2021,
compensation was determined at Rs.39,191/- per square
metre. The petitioner in both these petitions submitted
representations dated 27.02.2020, 07.09.2020, 17.02.2023
and 18.03.2024, requesting the respondents to pass an award
under the Act, 2013. The respondent No.4, instead of doing so,
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referred the matter to the Civil Court under Sections 30 and 31
of the Land Acquisition Act, 1894 in LAC No.8/2021.
(iii) The petitioner in both these petitions contend that
the respondent No.2 passed a resolution dated 27.08.2016, in
terms of which it resolved that in respect of lands notified for
acquisition on or after 01.01.2014, compensation shall be paid
in accordance with the provisions of the Act, 2013. The
petitioner in both these petitions contend that a Co-ordinate
Bench of this Court in the case of M/s. Sri Balaji Corporate
Services v. Union of India, Ministry of Finance -
W.P.No.43206/2018 c/w W.P.No.53718/2017 held that
compensation in respect of lands acquired subsequent to
01.01.2014 shall be determined in accordance with the Act,
2013 and that the said view was upheld by the Division Bench
of this Court in W.A.No.890/2022 and connected appeals. The
petitioner in both these petitions claim that the respondent
No.5 has assailed the judgment passed by the Division Bench
before the Hon'ble Supreme Court in SLP (Civil) No.3798/2024
(SLP (Civil) Diary No.49540/2023). It is contended that the
Hon'ble Supreme Court has directed that if an award is already
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passed in favour of the landlosers under the Act, 2013, the
enhanced amount of compensation shall be deposited before
the Reference Court and shall not be disbursed until further
orders. It is therefore, contended that the respondent No.5 is
bound to pass an award under the provisions of the Act, 2013.
Hence, the petitioner in both these petitions pray that the
impugned general award be set aside and a direction be issued
to the respondent No.5 to pass an award under the provisions
of the Act, 2013.
3. The learned counsel for the petitioner in both these
petitions reiterated the aforesaid contentions and submitted
that the issue is no longer res integra in view of the judgment
of a Co-ordinate Bench of this Court in M/s. Sri Balaji
Corporate Services referred supra.
4. Per contra, the learned counsel for the respondent
No.5, submits that the judgment of a Co-ordinate Bench of this
Court in M/s. Sri Balaji Corporate Services, referred supra
is admittedly challenged before the Hon'ble Supreme Court in
SLP (Civil) No.3798/2024 (SLP (Civil) Diary No.49540/2023),
where, though the Court did not grant an interim stay, it
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directed the Land Acquisition Officer to proceed to assess the
compensation in accordance with the provisions of the Act,
2013. He contends that following the interim order passed by
the Hon'ble Supreme Court, a Co-Ordinate Bench of this Court
in W.P.No.54368/2018 and connected case vide order dated
27.02.2024 quashed the general award and directed the Land
Acquisition Officer to initiate proceedings to pass a fresh award
in terms of Act, 2013 and deposit the enhanced compensation
before the Reference Court. It was also held that in the event
the Hon'ble Supreme Court reverses the decision of the Division
Bench of this Court and holds that the award had to be passed
under the Land Acquisition Act, 1894, the respondent No.5
would be entitled to withdraw the amount deposited and the
general award would revive. He therefore contends that this
petition may be disposed of on similar terms.
5. As rightly contended by the learned counsel for the
petitioner in both these petitions, the question whether the
respondent No.5 has to pass an award under the provisions of
the Land Acquisition Act, 1894 or under the provisions of Act,
2013 is set at rest by the Co-ordinate Bench of this Court in the
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case of M/s. Balaji Corporate Services referred supra,
where it was held that the respondent No.4 is bound to pass an
award under the provisions of the Act, 2013, particularly, in
respect of those lands which were acquired after the Act, 2013
came into force. This view was upheld by the Division Bench of
this Court in W.A.No.890/2022 and connected appeals and is
presently under consideration before the Hon'ble Supreme
Court in SLP (Civil) No.3798/2024 (SLP (Civil) Diary
No.49540/2023). As fairly submitted by the learned counsel for
respondent No.5, the Hon'ble Apex Court has directed that if an
award is already passed in favour of the landlosers under the
Act, 2013, the enhanced amount of compensation shall be
deposited before the Reference Court and shall not be
disbursed until further orders.
6. In that view of the matter, this writ petition also
deserves to be disposed off on the following terms:
(i) These writ petitions are allowed . The
impugned general awards bearing
No.KIADB/Metro/BHU.SWA/ARP-TRJ-9/2020-
21 dated 05.10.2020 passed by respondent
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No.4 in both these writ petitions are quashed,
subject to however to the following conditions:
(ii) The respondent No.4 shall proceed to pass an
award in respect of the lands in question in
accordance with the provisions of Act, 2013
and deposit the compensation before the
reference Court, within a period of three
months from the date of receipt of a copy of
this order.
(iii) If SLP (Civil) No.3798/2024 (SLP (Civil) Diary
No.49540/2023) is allowed and the judgment
of the Division Bench passed in
W.A.No.890/2022 and connected appeals vide
judgment dated 27.09.2023 is set aside, then
the general award dated 05.10.2020, passed
by the respondent No.4 in respect of the lands
in question belonged to the petitioner in both
these writ petitions referred supra shall stand
revived and the compensation deposited in
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excess of the entitlement of petitioners shall be
withdrawn.
(iv) If SLP (Civil) No.3798/2024 (SLP (Civil) Diary
No.49540/2023) is dismissed, then the
compensation that may be deposited by the
respondent No.4 before the Reference Court
shall stand confirmed and the petitioner in both
these petitions shall be at liberty to withdraw
the compensation. The petitioner in both these
petitions shall also be entitled to seek
reference for enhancement of the
compensation.
Sd/-
(R. NATARAJ)
JUDGE
HJ
List No.: 1 Sl No.: 63