MANJULA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11535
WP No. 201173 of 2026
C/W WP No. 201176 of 2026
WP No. 201225 of 2026
AND 2 OTHERS
CNR: KAHC030013092026
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. 201173 OF 2026 (LA-RES)
C/W
WRIT PETITION NO. 201176 OF 2026 (LA-RES)
WRIT PETITION NO. 201225 OF 2026 (LA-KIADB)
WRIT PETITION NO. 201232 OF 2026 (LA-KIADB)
WRIT PETITION NO. 201467 OF 2026 (LA-KIADB)
IN WP No. 201173/2026
BETWEEN:
MANJULA W/O PRAKASH KOLKONDI
AGE 47 YEARS, OCC: AGRICULTURE AND
HOUSEHOLD R/O BHILAI
CHATTISGARH-490001
THOUGH GPA HOLDER
SANJEEVKUMAR S/O SAIBANNA SEDAMKAR
AGE: 49 YEARS, OCC: ADVOCATE
R/O H NO. 11-1220/23, SHANTI NAGAR
TQ AND DIST: KALABURAGI-585103
…PETITIONER
Digitally signed
by SWETA
KULKARNI
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI. CHAITANYAKUMAR CHANDRIKI., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY, DEPARTMENT OF
COMMERCE AND INDUSTRIES
M.S.BUILDING, DR. AMBEDKAR VEEDHI
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C/W WP No. 201176 of 2026
WP No. 201225 of 2026
AND 2 OTHERS
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BANGALORE-560001.
2.
THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD
NO.4/2ND FLOOR, R.P.BUILDING
NRUPATHUNGA ROAD, BANGALORE
REPRESENTED BY ITS CHAIRMAN
BENGALURU-560001.
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA DEVELOPMENT
BOARD KALABURAGI-585102
4. THE DEPUTY COMMISSIONER
KALABURAGI AT KALABURAGI-585101
…RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA FOR R1 AND R4;
SRI.KARTIK 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 IN THE NATURE OF CERTIORARI THEREBY
BEARING NO. QUASHING THE
¸ÀA/PÉLJr©/¨sÀƸÁé/PÀ/01/2024-25/931
IMPUGNED GENERAL AWARD DATED 27-03-2025 AS AT
ANNEXURE-F TO THE PETITION; II) ISSUE A WRIT IN THE
NATURE OF MANDAMUS THEREBY DIRECTING THE
RESPONDENTS TO PASS THE AWARD UNDER RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION
REHABILITATION AND RESETTLEMENT ACT-2013 AND PAY THE
COMPENSATION; III) FURTHER BE PLEASED TO DIRECT THE
RESPONDENT NO.1 TO 4 TO PASS AWARD UNDER RIGHT TO
FAIR COMPENSATION REHABILITATION AND RESETTLEMENT
ACT 2013 AND FURTHER DIRECT THE RESPONDENT TO
DETERMINE THE COMPENSATION BE AWARDED ON THE BASIS
OF MARKET VALUE PREVAILING AS ON 26-11-2024 WITH
ENTITLEMENT OF ALL STATUTORY BENEFITS PROVIDED UNDER
THE ACT; IV) PASS ANY OTHER ORDER OR DIRECTION AS
THIS HONOURABLE COURT DEEMS FIT IN VIEW OF THE FACTS
AND CIRCUMSTANCES OF THE CASE.
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HC-KAR
NC: 2026:KHC-K:11535
WP No. 201173 of 2026
C/W WP No. 201176 of 2026
WP No. 201225 of 2026
AND 2 OTHERS
CNR: KAHC030013092026
IN WP NO. 201176/2026
BETWEEN:
1.
SANJEEVKUMAR
S/O SAIBANNA SEDAMKAR.
AGE: 49 YEARS, OCC: ADVOCATE
R/O H.NO.11-1220/23, SHANTI NAGAR.
TQ AND DIST: KALABURAGI-585103.
...PETITIONER
(BY SRI. CHAITANYAKUMAR CHANDRIKI., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY, DEPARTMENT OF
COMMERCE AND INDUSTRIES
M.S.BUILDING, DR. AMBEDKAR VEEDHI
BANGALORE-560001
2. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD
NO.4/2ND FLOOR, R.P.BUILDING
NRUPATHUNGA ROAD, BANGALORE
REPRESENTED BY ITS CHAIRMAN
BENGALURU-560001
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA DEVELOPMENT
BOARD KALABURAGI-585102
4. THE DEPUTY COMMISSIONER
KALABURAGI AT KALABURAGI-585101
...RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA FOR R1 AND R4;
SRI.A.M.NAGRAL ADV., FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,
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C/W WP No. 201176 of 2026
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I) ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY
QUASHING THE IMPUGNED GENERAL AWARD DATED
27.03.2025 AS AT ANNEXURE-F TO THE PETITION; II)
ISSUE A WRIT IN THE NATURE OF MANDAMUS THEREBY
DIRECTING THE RESPONDENTS TO PASS THE AWARD
UNDER RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION REHABILITATION
AND RESETTLEMENT ACT-2013 AND PAY THE
COMPENSATION; III) FURTHER BE PLEASED TO DIRECT
THE RESPONDENT NO.1 TO 4 TO PASS AWARD UNDER
RIGHT TO FAIR COMPENSATION REHABILITATION AND
RESETTLEMENT ACT 2013 AND FURTHER DIRECT THE
RESPONDENTS TO DETERMINE THE COMPENSATION TO BE
AWARDED ON THE BASIS OF MARKET VALUE PREVAILING
AS ON 26.11.2024 WITH ENTITLEMENT OF ALL STATUTORY
BENEFITS PROVIDED UNDER THE ACT; IV) PASS ANY
OTHER ORDER OR DIRECTION AS THIS HONOURABLE
COURT DEEMS FIT IN VEIW OF THE FACTS AND
CIRCUMSTANCES OF THE CASE.
IN WP NO. 201225/2026
BETWEEN:
1. DANAMMA
W/O SAIBANNA SEDAMKAR
AGE: 72 YEARS, OCC: AGRICULTURE
R/O H.NO.11-1220/23, SHANTI NAGAR
TQ AND DIST: KALABURAGI-585103.
...PETITIONER
(BY SRI. CHAITANYAKUMAR CHANDRIKI., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY, DEPARTMENT OF
COMMERCE AND INDUSTRIES
M.S.BUILDING, DR. AMBEDKAR VEEDHI
BANGALORE-560001
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NC: 2026:KHC-K:11535
WP No. 201173 of 2026
C/W WP No. 201176 of 2026
WP No. 201225 of 2026
AND 2 OTHERS
CNR: KAHC030013092026
2. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD
NO.4/2ND FLOOR, R.P.BUILDING
NRUPATHUNGA ROAD, BANGALORE
REPRESENTED BY ITS CHAIRMAN
BENGALURU-560001
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA DEVELOPMENT
BOARD KALABURAGI-585102
4. THE DEPUTY COMMISSIONER
KALABURAGI
AT KALABURAGI-585101
...RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA FOR R1 AND R4;
SRI.KARTIK 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 IN THE NATURE OF CERTIORARI THEREBY
QUASHING THE IMPUGNED GENERAL AWARD DATED
27.03.2025 IN BEARING NO. AS
¸ÀA/PÉLJr©/¨sÀƸÁé/PÀ/01/2024-25/931
AT ANNEXURE-H TO THE PETITION; II) ISSUE A WRIT IN
THE NATURE OF MANDAMUS THEREBY DIRECTING THE
RESPONDENTS TO PASS THE AWARD UNDER RIGHT TO
FAIR COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION REHABILITATION RESETTLEMENT ACT-2013
AND PAY THE COMPENSATION; III) FURTHER BE PLEASED
TO DIRECT THE RESPONDENT NO.1 TO 4 TO PASS AWARD
UNDER RIGHT TO FAIR COMPENSATION REHABILITATION
AND RESETTLEMENT ACT 2013 AND FURTHER DIRECT THE
RESPONDENTS TO DETERMINE THE COMPENSATION TO BE
AWARDED ON THE BASIS OF MARKET VALUE PREVAILING
AS ON 26.11.2024 WITH ENTITLEMENT OF ALL STATUTORY
BENEFITS PROVIDED UNDER THE ACT; IV) PASS ANY
OTHER ORDER OR DIRECTION AS THIS HONOURABLE
COURT DEEMS FIT IN VIEW OF THE FACTS AND
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C/W WP No. 201176 of 2026
WP No. 201225 of 2026
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CIRCUMSTANCES OF THE CASE.
IN WP NO. 201232/2026
BETWEEN:
1. MAHANANDA
W/O SHASHIKANTH DIGIKAR
AGE: 54 YEARS,
OCC: AGRICULTURE AND HOUSEHOLD,
CHINCHWAD AREA, PUNE
MAHARASTRA-411003
NOW AT R/O H NO. 11-1220/23
SHANTI NAGAR
TQ AND DIST KALABURAGI-585103
...PETITIONER
(BY SRI. CHAITANYAKUMAR CHANDRIKI., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BY ITS SECRETARY DEPARTMENT OF
COMMERCE AND INDUSTRIES
M S BUILIDNG,
DR. AMBEDKAR VEEDHI
BANGALORE-560001
2. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD
NO.4/2ND FLOOR, R.P.BUILDING
NRUPATHUNGA ROAD,
BANGALORE
REPRESENTED BY ITS CHAIRMAN
BENGALURU-560001
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD KALABURAGI-585102
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4. THE DEPUTY COMMISSIONER
KALABURAGI,
AT KALABURAGI-585101
...RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA FOR R1 AND R4;
SRI.A.M.NAGRAL 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 IN THE NATURE OF CERTIORARI THEREBY
QUASHING THE IMPUGNED GENERAL AWARD DATED
27.03.2025 AS AT ANNEXURE-F IN SO FAR AS CONCERNED
TO THE PETITIONER; II) ISSUE A WRIT IN THE NATURE OF
MANDAMUS THEREBY DIRECTING THE RESPONDENTS TO
PASS THE AWARD UNDER RIGHT TO FAIR COMPENSATION
AND TRANSFERENCE IN LAND ACQUISITION
REHABILITATION, AND RESETTLEMENT TO NEW ACT 2013
AND PAY THE COMPENSATION; III) FURTHER BE PLEASED
TO DIRECT THE RESPONDENT NO.1 TO 4 TO PASS AWARD
UNDER RIGHT TO FAIR COMPENSATION REHABILITATION
AND RESETTLEMENT ACT 2013 AND FURTHER DIRECT THE
RESPONDENT TO DETERMINE THE COMPENSATION TO BE
AWARDED ON THE BASIS OF MARKET VALUE PREVAILING
AS ON 26.11.2024 WITH ENTITLEMENT OF ALL STATUTORY
BENEFITS PROVIDED UNDER THE ACT; IV) PASS ANY
OTHER ORDER OR DIRECTIONS AS THIS HONOURABLE
COURT DEEMS FIT IN VIEW OF THE FACTS AND
CIRCUMSTANCES OF THE CASE IN THE INTEREST OF
JUSTICE AND EQUITY.
IN WP NO. 201467/2026
BETWEEN:
1. SANTOSH
S/O SAIBANNA SEDAMKAR
AGE: 52 YEARS, OCC: SERVICE IN ABROAD
CON UNITED STATES OF AMERICA
THOUGH GPA HOLDER
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WP No. 201225 of 2026
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SAIBANNA SEDAMKAR
S/O BUGGAPPA SEDAMKAR
AGE: 82 YEARS, OCC: RETIRED GOVT. SERVICE
R/O H NO. 11-1220/23, SHANTI NAGAR
TQ AND DIST: KALABURAGI-585103
...PETITIONER
(BY SRI. CHAITANYAKUMAR CHANDRIKI., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY, DEPARTMENT OF
COMMERCE AND INDUSTRIES, M.S.BUILDING
DR. AMBEDKAR VEEDHI
BANGALORE-560001.
2. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD
NO.4/2ND FLOOR, R.P.BUILDING
NRUPATHUNGA ROAD, BANGALORE
REPRESENTED BY ITS CHAIRMAN
BENGALURU-560001
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA DEVELOPMENT
BOARD KALABURAGI-585102
4. THE DEPUTY COMMISSIONER
KALABURAGI AT KALABURAGI-585101
...RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA FOR R1 AND R4;
SRI.A.M.NAGRAL 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 IN THE NATURE OF CERTIORARI THEREBY
QUASHING THE IMPUGNED GENERAL AWARD DATED
27.03.2025 AS AT ANNEXURE-F TO THE PETITION; II)
ISSUE A WRIT IN THE NATURE OF MANDAMUS THEREBY
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C/W WP No. 201176 of 2026
WP No. 201225 of 2026
AND 2 OTHERS
CNR: KAHC030013092026
DIRECTING THE RESPONDENTS TO PASS THE AWARD
UNDER RIGHT TO FAIR COMPENSATION AND
TRANSFERENCE IN LAND ACQUISITION REHABILITATION
AND RESETTLEMENT ACT-2013 AND PAY THE
COMPENSATION; III) FURTHER BE PLEASED TO DIRECT
THE RESPONDENT NO.1 TO 4 TO PASS AWARD UNDER
RIGHT TO FAIR COMPENSATION REHABILITATION AND
RESETTLEMENT ACT 2013 AND FURTHER DIRECT THE
RESPONDENTS TO DETERMINE THE COMPENSATION TO BE
AWARDED ON THE BASIS OF MARKET VALUE PREVAILING
AS ON 26.11.2024 WITH ENTITLEMENT OF ALL STATUTORY
BENEFITS PROVIDED UNDER THE ACT; IV) PASS ANY
OTHER ORDER OR DIRECTION AS THIS HONOURABLE
COURT DEEMS FIT IN VIEW OF THE FACTS AND
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 W.P.No.201173/2026, the petitioner is seeking the
following prayers:
“ i) Issue a writ in the nature of certiorari thereby
bearing No. quashing the
¸ÀA/PÉLJr©/¨sÀƸÁé/PÀ/01/2024-25/931
impugned General award dated 27/03/2025 as at
ANNEXURE-F to the petition.
ii) Issue a writ in the nature of mandamus thereby
directing the respondents to pass the award under Right
to Fair Compensation and Transparency in Land
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Acquisition Rehabilitation and Resettlement Act-2013 and
pay the compensation, in the interest of justice and
equity.
iii) Further be pleased to direct the respondent No.
1 to 4 to pass award under Right To Fair Compensation
Rehabilitation And Resettlement Act 2013 and further
direct the respondents to determine the compensation to
be awarded on the basis of market value prevailing as on
26/11/2024 with entitlement of all statutory benefits
provided under the act, in the interest of justice and
equity.
Iv) Pass any other order or direction as this Hon'ble
court deems fit in view of the facts and circumstances of
the case, in the interest of justice and equity. ”
In W.P.No.201176/2026, the petitioner is seeking the
following prayers:
“ i) Issue a writ in the nature of Certiorari thereby
quashing the impugned General award dated 27/03/2025
as at ANNEXURE-F to the petition.
ii) Issue a writ in the nature of mandamus thereby
directing the respondents to pass the award under Right
to Fair Compensation and Transparency in Land
Acquisition Rehabilitation and Resettlement Act-2013 and
pay the compensation, in the interest of justice and
equity.
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iii) Further be pleased to direct the respondent No.
1 to 4 to pass award under Right To Fair Compensation
Rehabilitation And Resettlement Act 2013 and further
direct the respondents to determine the compensation to
be awarded on the basis of market value prevailing as on
26/11/2024 with entitlement of all statutory benefits
provided under the act, in the interest of justice and
equity.
Iv) Pass any other order or direction as this Hon'ble
court deems fit in view of the facts and circumstances of
the case, in the interest of justice and equity. ”
In W.P.No.201225/2026, the petitioner is seeking the
following prayers:
“ i) Issue a writ in the nature of Certiorari thereby
quashing the impugned General award dated 27/03/2025
in bearing No. as at
¸ÀA/PÉLJr©/¨sÀƸÁé/PÀ/01/2024-25/931
ANNEXURE-H to the petition.
ii) Issue a writ in the nature of mandamus thereby
directing the respondents to pass the award under Right
to Fair Compensation and Transparency in Land
Acquisition Rehabilitation and Resettlement Act-2013 and
pay the compensation, in the interest of justice and
equity.
iii) Further be pleased to direct the respondent No.
1 to 4 to pass award under Right To Fair Compensation
Rehabilitation And Resettlement Act 2013 and further
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direct the respondents to determine the compensation to
be awarded on the basis of market value prevailing as on
26/11/2024 with entitlement of all statutory benefits
provided under the act, in the interest of justice and
equity.
Iv) Pass any other order or direction as this Hon'ble
court deems fit in view of the facts and circumstances of
the case, in the interest of justice and equity. ”
In W.P.No.201232/2026, the petitioner is seeking the
following prayers:
i) Issue a writ in the nature of Certiorari thereby
“
quashing the impugned General award dated 27/03/2025
as at ANNEXURE-F insofar as concerned to the petitioner.
ii) Issue a writ in the nature of mandamus thereby
directing the respondents to pass the award under Right
to Fair Compensation and Transparency in Land
Acquisition Rehabilitation and Resettlement Act-2013 and
pay the compensation, in the interest of justice and
equity.
iii) Further be pleased to direct the respondent No.
1 to 4 to pass award under Right To Fair Compensation
Rehabilitation And Resettlement Act 2013 and further
direct the respondents to determine the compensation to
be awarded on the basis of market value prevailing as on
26/11/2024 with entitlement of all statutory benefits
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provided under the act, in the interest of justice and
equity.
Iv) Pass any other order or direction as this Hon'ble
court deems fit in view of the facts and circumstances of
the case, in the interest of justice and equity. ”
In W.P.No.201467/2026, the petitioner is seeking the
following prayers:
“ i) Issue a writ in the nature of certiorari thereby
quashing the impugned General award dated 27/03/2025
as at ANNEXURE-F to the petition.
ii) Issue a writ in the nature of mandamus thereby
directing the respondents to pass the award under Right
to Fair Compensation and Transparency in Land
Acquisition Rehabilitation and Resettlement Act-2013 and
pay the compensation, in the interest of justice and
equity.
iii) Further be pleased to direct the respondent No.
1 to 4 to pass award under Right To Fair Compensation
Rehabilitation And Resettlement Act 2013 and further
direct the respondents to determine the compensation to
be awarded on the basis of market value prevailing as on
26/11/2024 with entitlement of all statutory benefits
provided under the act, in the interest of justice and
equity.
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Iv) Pass any other order or direction as this Hon'ble
court deems fit in view of the facts and circumstances of
the case, in the interest of justice and equity.
”
2. Learned counsel appearing for the petitioner
submits that the general award 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).
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
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of SMT. ANITHA AND OTHERS Vs. STATE OF
1
KARNATAKA AND OTHERS .
4. Learned Additional Government Advocate
appearing for respondent Nos.1 and 4 and learned counsel
appearing for respondent Nos.2 and 3 - KIADB submits
that they have filed detail objections and contended 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 cases on hand, the preliminary
notification is dated 09.12.2020 and final notification is
dated 23.12.2020. 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 any
interference by this Court. Hence, they seek to dismiss
these writ petitions.
5. I have heard the arguments of learned counsel
appearing for the petitioner, learned Additional
1
W.P.No.4627/2024, Dt:27.09.2024
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Government Advocate appearing for respondent Nos.1 and
4, 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 petitioner 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(2) of the
KIAD Act on 23.12.2020. It is to be noticed that the SLAO,
KIADB, passed the general award on 27.03.2025.
7. Admittedly, the aforesaid award was 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 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,
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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 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:
“ 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
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NC: 2026:KHC-K:11535
WP No. 201173 of 2026
C/W WP No. 201176 of 2026
WP No. 201225 of 2026
AND 2 OTHERS
CNR: KAHC030013092026
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, is required to be
quashed. Hence, I proceed to pass the following:
ORDER
i) The writ petitions are allowed .
ii) The general award dated 27.03.2025
passed by the Special Land Acquisition
Officer, KIADB is set aside.
iii) The Land Acquisition Officer, KIADB is
directed to pass a fresh award in
accordance with the provisions of the Right
to Fair Compensation and Transparency in
- 19 -
HC-KAR
NC: 2026:KHC-K:11535
WP No. 201173 of 2026
C/W WP No. 201176 of 2026
WP No. 201225 of 2026
AND 2 OTHERS
CNR: KAHC030013092026
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 loser, the
same shall be adjusted towards the fresh
award to be passed by the Land Acquisition
Officer, KIADB.
The pending applications, if any, stand disposed of.
No order as to costs.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
PHM
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