Facts
The petitioner claimed ownership of land measuring 228.34 square metres in Sy. No. 120/1 and 196.50 square metres in Sy. No. 120/2, Yelahanka Village.
Source reference: p.3The lands were notified for acquisition under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (“KIAD Act”) for the Bengaluru Sub Urban Rail Project; a final notification followed, and possession was taken.
Source reference: p.3The Special Land Acquisition Officer subsequently made general awards determining compensation, which was ordered to be deposited before the Civil Court.
Source reference: p.4The petitioner challenged those awards and sought determination of compensation by consent award under Section 29(2) of the KIAD Act.
Source reference: pp.4–5The respondents did not dispute that the matter was covered by the Court’s earlier decision in W.P. No. 15886/2025.
Source reference: p.5Issues
1. Whether the general awards concerning the petitioner’s acquired lands should be quashed and replaced by consideration of a consent award under Section 29(2) of the KIAD Act.
Source reference: pp.2–3, 52. Whether the petitioner’s case was covered by the earlier decision in W.P. No. 15886/2025.
Source reference: p.5Law Applied
Section 29(2) of the KIAD Act provides for determination of compensation by consent award.
Source reference: p.5The Court relied on its coordinate Bench’s decision in W.P. No. 15886/2025, which it treated as covering the issue raised in this petition.
Source reference: p.5The Court further directed that, if consensus is not reached, or entitlement, apportionment, or objections remain disputed, the general awards would stand revived and the compensation would be redeposited before the competent Civil Court.
Source reference: pp.6–7Reasoning
The petitioner did not challenge the acquisition notifications, and the respondents accepted that general awards had been made and that the dispute was covered by the coordinate Bench’s decision.
Source reference: p.5Applying that precedent, the Court quashed the awards insofar as they related to the petitioner’s lands and directed the respondents to consider a consent award under Section 29(2).
Source reference: pp.5–7It preserved the general awards as a fallback if agreement or resolution of disputes proved impossible.
Source reference: pp.5–7Holding
The petition was allowed.
The impugned general awards concerning both parcels were quashed, and the respondents were directed to consider the petitioner’s case and pass a consent award under Section 29(2) within three months of receiving the order.
Source reference: p.6Any amount deposited with the Civil Court under the awards could be withdrawn.
Source reference: pp.6–7If consensus was not reached or disputes remained unresolved, the awards would stand revived, the compensation would be redeposited before the competent Civil Court, and the petitioner could seek enhancement in accordance with law.
Source reference: pp.6–7Acts & Sections Cited
2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 19662
Original Court PDF
SRI. MAHESHvsTHE STATE OF KARNATAKA
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