IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.28035 OF 2025 (LA-KIADB)

BETWEEN:

1. B.M. VIJAY KUMAR S/O LATE B.K. MUNIYAPPA, AGED ABOUT 75 YEARS, 2. B.M. PRUTHVI RAJ S/O LATE B.K. MUNIYAPPA, AGED ABOUT 73 YEARS, 3. B.M. MURULI S/O LATE B.K. MUNIYAPPA, AGED ABOUT 60 YEARS, PETITIONERS NO.1 TO 3 ARE RESIDING AT NO.292, 7^TH CROSS, 1^ST BLOCK, JAYANAGAR, BENGALURU-560011.

Digitally signed by MAHALAKSHMI B M 4. SMT. B.M. CHANDRAPRABHA Location: HIGH D/O LATE B.K. MUNIYAPPA, COURT OF W/O D NAGARAJAPPA, KARNATAKA AGED ABOUT 69 YEARS, RESIDING AT NO.49, 10^TH MAIN ROAD, 3^RD CROSS, INDIRANAGAR, 2^ND STAGE, BENGALURU-560038.

…PETITIONERS (BY SRI SRIHARI A.V., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BANGALORE-560001 REPRESENTED BY ITS SECRETARY. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIJA BHAVAN, BANGALORE-560001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER &

EXECUTIVE MEMBER.

3. THE SPECIAL LAND ACQUISITION OFFICER-1 METRO, THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.14/1, ARAVINDA BHAVAN, 1^ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560001.

4. BENGALURU METRO RAIL CORPORATION LIMITED/KIADB

3^RD FLOOR, BMTC COMPLEX, K.H. ROAD, SHANTHINAGAR, BENGALURU-560027.

…RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1;

SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R-2 & R-3;

SRI N.N. HARISH, ADVOCATE FOR R-4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GENERAL AWARD BEARING CASE NO.KIADB/METRO/LA/ARP-KDH- 4D/2024-25 DATED 11.03.2025 VIDE ANNEXURE -A PASSED BY THE R3 AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

Learned Additional Government Advocate accepts notice for respondent No.1.

2. Sri P.V. Chandrashekar, learned counsel is directed to take notice for respondent Nos.2 and 3.

3. Sri N.N. Harish, learned counsel is directed to take notice for respondent No.4.

4. Petitioners are before this Court seeking for the following reliefs:

“i) Issue a writ in the nature of Certiorari quashing the General Award bearing Case.No.KIADB/Metro/LA/ARP-KDH-4D/2024-25 dated 11.03.2025 vide Annexure-A passed by the Third Respondent.

ii) Issue a writ in the nature of mandamus directing the Respondents to consider the case of the Petitioners as per Section 29(2) of the KIAD Act for passing the consent Award in respect of Petitioners land measuring 70 square feet (Identification No.ARP-KDH-4D) in Sy.No.106/7 of Amruthalli Village, Yelahanka Hobli, Yelahanka Taluk, Bengaluru district.

iii) Grant such other reliefs as this Hon'ble Court deem fit in the facts and circumstances of the case and in the interest of Justice and Equity."

5. Learned counsel on both sides submit that the issue involved in this writ petition is squarely covered by several decisions of this Court.

6. Learned counsel for the petitioners submits that the petitioners are the absolute owners of the land bearing Sy.No.106/7 measuring 70 square feet, situated at Amruthalli Village, Yelahanka Hobli and Taluk, Bengaluru District. The said land has been acquired by the respondent-State for the benefit of respondent No.4. It is further submitted that the Karnataka Industrial Areas Development Board (KIADB) has passed a general award and being aggrieved, the petitioners have approached this Court.

7. Learned counsel for the petitioners further submits that the petitioners are willing to accept compensation by way of a consent award under Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (‘KIAD Act, 1966’ for short).

8. Learned counsel for respondent Nos.2 and 3-

KIADB submits that if the petitioners are willing to accept the compensation in terms of Section 29(2) of the KIAD Act, 1966, the same will be duly considered by the authority in accordance with law.

9. The submission is pl