SMT REKHA GOYAL vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:57921
WP No. 22059 of 2025
CNR: KAHC010472862025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
WRIT PETITION NO. 22059 OF 2025 (LA-KIADB)
BETWEEN:
1. SMT. REKHA GOYAL
AGED ABOUT 62 YEARS
WIFE OF LATE. MR. PRADEEP KUMAR GOYAL
RESIDING AT NO.71,
ST
KRISHNA KUTEER, 1 FLOOR,
1 AB, S KARIAPPA ROAD,
NEXT TO CANARA BANK, CHAIRMANS HOUSE,
BASAVANAGUDI,
BANGALORE - 560004
2.
KUSHAL GOYAL
AGED ABOUT 40 YEARS
S/O LATE. MR. PRADEEP KUMAR GOYAL
RESIDING AT NO. 71,
ST
KRISHNA KUTEER, 1 FLOOR,
1 AB, S KARIAPPA ROAD,
NEXT TO CANARA BANK CHAIRMANS HOUSE,
BASAVANAGUDI,
BANGALORE - 560004
(LR'S OF LATE SRI. PRADEEP KUMAR)
3. POONAM GOYAL
AGED ABOUT 63 YEARS
W/O LATE. MR. RAJEEV KUMAR GOYAL
RESIDING AT NO.76,
SOUTH CROSS ROAD,
BASAVANGUDI, JAYANAGAR,
BENGALURU - 560004
4. VISHAL GOYAL
AGED ABOUT 60 YEARS
Digitally
signed by
HEMALATHA J
Location:
HIGH COURT
OF
KARNATAKA
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S/O LATE. MR. RAJEEV KUMAR GOYAL
RESIDING AT NO.76,
SOUTH CROSS ROAD,
OPPOSITE TO KRISHNA PARK ROAD,
BASAVANGUDI, JAYANAGAR,
BENGALURU- 560004
5.
YADU GOYAL
AGED ABOUT 38 YEARS
S/O LATE. MR. RAJEEV KUMAR GOYAL
RESIDING AT NO.76,
SOUTH CROSS ROAD,
OPPOSITE TO KRISHNA PARK ROAD,
BASAVANGUDI, JAYANAGAR,
BENGALURU-560004
(LR'S OF LATE SRI. RAJEEV KUMAR)
…PETITIONERS
(BY SRI. AJAY J NANDALIKE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF COMMERCE AND INDUSTRIES
VIDHANA SOUDHA,
BENGALURU -560 001.
REPRESENTED BY ITS SECRETARY
2. KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD ("KIADB")
NO.14/3, II FLOOR, R.P. BUILDING,
NRUPATHUNGA ROAD,
BENGALURU-560 001.
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER
3. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD ('KIADB'),
ARAVINDA BHAVAN,
NRUPATUNGA ROAD,
BENGALURU - 560 001
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WP No. 22059 of 2025
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4. BENGALURU METRO RAIL CORPORATION LTD.
REGISTERED OFFICE AT B.M.T.C. COMPLEX,
RD
3 FLOOR, K.H. ROAD,
SHANTINAGAR,
BENGALURU-560027
REPRESENTED BY ITS MANAGING DIRECTOR
…RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE,
FOR RESPONDENT NO.1;
SRI. H.L.PRADEEPKUMAR, ADVOCATE FOR RESPONDENT nOS.2 AND
3;
SRI. N.N. HARISH, ADVOCATE FOR RESPONDENT NO.4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT NO.4 TO CONSIDER THE REPRESENTATIONS DATED
01.04.2025 AT (ANNEXURE-Q) 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
mandamus to direct the respondent No.4 to consider his
representation dated 01.04.2025. They have also sought for a
direction to the respondent No.4 to pay balance compensation
of Rs.4,01,22,605/- in terms of a letter issued by the
respondent No.4. They have also sought for a writ in the
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nature of certiorari to quash the general award bearing
No. dated 30.12.2013 passed
PÀ.PÉÊ.¥Àæ.C.ªÀÄA.J¯ïJPÀÆå:ªÉÄmÉÆæÃ/128/2013-14
by the respondent No.3. They further sought for a writ in the
nature of certiorari to quash the general award bearing
No. dated 09.10.2015 passed by the
PÉLJr©/ªÉÄmÉÆæÃ/¨sÀƸÁé/ /2015-16
respondent No.3 and direct the respondent Nos.3 and 4 to
determine the compensation payable to the petitioners in
accordance with Section 29(2) of the Karnataka Areas
Development Act, 1966 (henceforth referred to as 'the KIAD
Act') and adjust the amounts already received by them from
the general awards and direct the respondent Nos.3 and 4 to
pay the balance compensation.
2. (i) The petitioners are the owners of the property
bearing Sy.No.39 and 39/2 situated at Sri.Krishnarajendra
Road, Fort A Street, Bengaluru City which now renumbered as
Sy.No.33/39 situated at Sri.Krishnarajendra Road, Fort A
Street, Bengaluru City, which were notified for acquisition for
Bengaluru Metro Rail Project. It appears from the writ petition
that a general order was passed determining the compensation
payable to the petitioners, following which, a sum of
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Rs.6,24,44,207/- was paid. The petitioners have therefore filed
the present writ petition seeking for a direction to the
respondent No.4 to pay the balance compensation of
Rs.4,01,22,605/-.
(ii) In the meanwhile, the petitioners amended the writ
petition and challenged the general award in view of an order
passed under Section 29(2) of the KIAD Act, which was more
beneficial to the petitioners. The petitioners thus challenged the
general award and sought for a direction to the respondents to
pass a consent award and deduct the compensation already
received by them and pay the balance compensation payable.
3. The learned counsel for the petitioners reiterated
the above contentions and submitted that the respondent No.3
has already passed an order under Section 29(2) of the KIAD
Act and therefore, the petitioners may also be granted the said
benefit by quashing the general award and adjust the amounts
already received by them from out of the compensation that
may be payable under Section 29(2) of the KIAD Act.
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4. The learned counsel for the respondent Nos.2 and 3
submits that an order under Section 29(2) of the KIAD Act, is
already passed determining the compensation payable and
therefore, the respondent Nos.2 and 3 are not averse to
granting the benefit of the compensation determined under
Section 29(2) of the KIAD Act to the petitioners.
5. In that view of the matter, this writ petition is
deserves to be disposed of on the following terms;
allowed
i. The writ petition is ;
ii. The general awards bearing No.
dated 30.12.2013
PÀ.PÉÊ.¥Àæ.C.ªÀÄA.J¯ïJPÀÆå:ªÉÄmÉÆæÃ/128/2013-14
passed by the respondent No.3 and bearing
No. dated 09.10.2015
PÉLJr©/ªÉÄmÉÆæÃ/¨sÀƸÁé/ /2015-16
passed by the respondent No.3 in so far as the
petitioner's land is concerned is quashed;
iii. The respondent No.3 is directed to pass a consent
award under Section 29(2) of the KIAD Act in so
far as the share of the petitioners in the aforesaid
property is concerned and adjust the amounts
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already received by them from out of the
compensation paid to the petitioners;
iv. The consent award shall be passed by the
respondent No.3 within a period of two months
from the date of receipt of the copy of this order;
v. Upon passage of a consent award, the respondent
No.4 shall ensure that the compensation is
deposited before the respondent No.3;
vi. It is made clear that if there is any dispute of
whatsoever nature or if there is any unresolved
objection, the general award passed by the
respondent No.3 in respect of the land claimed by
the petitioners, which is quashed by this Court in
terms of this order, shall stand revived.
Sd/-
(R. NATARAJ)
JUDGE
BKN/List No.: 1 Sl No.: 17