SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Kar) 438786

THE HIGH COURT OF KARNATAKA
K S HEMALEKHA
SMT RADHA M R – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 37219/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT PETITION NO. 37219 OF 2025 (LA-KIADB)

BETWEEN:

SMT. RADHA M R W/O MURTHY G,

AGED ABOUT 53 YEARS

R/AT NO. 18, LAKSHMIRANGANATH NILAYA,

VINAYAKA LAYOUT, AGAKUPPE ROAD,

SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 111.

…PETITIONER

(BY SRI. ASHWINI P, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA

BY ITS SECRETARY

Digitally signed by

MAHALAKSHMI B M DEPARTMENT OF COMMERCE AND INDUSTRIES

Location: HIGH

COURT OF

VIDHANA SOUDHA, BANGALORE - 01.

KARNATAKA

2. THE KARNATAKA INDUSTRIAL

AREA DEVELOPMENT BOARD,

BY ITS CHIEF EXECUTIVE OFFICER

AND EXECUTIVE MEMBER

4TH AND 5TH FLOORS,

KHANIJA BHAVANA,

RACE COURSE ROAD,

BENGALURU - 560 001.

3. THE SPECIAL LAND ACQUISITION OFFICER,-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, C.F.C BUILDING, MAHARSHI ARVIND BHAVAN, I FLOOR, N.R. ROAD, BENGALURU - 560 001.

…RESPONDENTS (BY SRI. HARISHA A.S, AGA OR R1;

SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GENERAL AWARD BEARING NO. KIADB.LAQ.NO.3208/2023-24 DTD. 24.08.2023 PASSED BY R-3 IN RESPECT OF LAND BEARING SY.NO. 70 MEASURING 0-30 GUNTAS, SITUATED AT GOTTIGERE VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, OF PETITIONER IS CONCERNED WHICH IS PRODUCED AT ANNX-A 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 AGA accepts notice for respondent No.1.

Sri. P V Chandrashekar, learned counsel for respondent Nos.2 and 3.

The petitioner in this writ petition is seeking for the following reliefs:

i. "Issue a writ of certiorari quashing the General award bearing No.KIADB:LAQ No.3208/2023-24 dated 24.08.2023 passed by 3rd respondent in respect of land bearing Sy.No.70 measuring 0-30 guntas, situtated at Gottigere Village, Sompura Hobli, Nelamangala Taluk, of petitioner is concerned, which is produced at Annexure-A, ii. Issue any suitable order, direction to the respondents to allot developed site lieu compensation as per the Government order No. CI 103 SPQ (E) 2019 dated 23.02.2021 at Annexure-B.

iii. Issue any other orders or directions as deemed fit in the circumstances attending."

2. The State of Karnataka-respondent No.1 initiated acquisition proceedings under the Karnataka Industrial Areas Development Act, 1966 (‘KIAD Act’ for short) in respect of several lands situated at Gottigere Village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District, Benglauru for the formation of an industrial area by respondent No.2-KIADB and issued notification under Section 1 (3) and 3 (1) of KIAD Act, declaring the lands as an industrial area. A Preliminary Notification on 05.11.2020 was issued under Section 28 (1) of the Act, proposing to acquire the lands followed by a Final Notification under Section 28 (4) of the Act on 19.05.2021.

The award was passed on 24.08.2023.

3. Learned counsel for the petitioner submits that the issue raised in this petition regarding prayer (i) to quash the impugned General Award is squarely covered by the several decisions of this Court and one such order is passed in RUKMINAMMA VS STATE OF KARNATAKA AND OTHERS, W.P.No.3092/2025 D.D 05.02.2025. Undisputedly, the petitioner’s land to the extent of 0.30 guntas has been acquired under the notification, and the acquisition proceedings have attained finality.

4. Learned counsel for the petitioner submits that the petitioner is willing to accept the developed land by way of a consent award, in terms of the Government Order dated 23.02.2021.

5. Learned counsel appearing for respondent Nos. 2 and 3 – KIADB submits that if the petitioner is willing to accept the compensation in accordance with the said Government Order dated 23.02.2021, the same will be considered by the authority in accordance with law.

6. The submission is placed on record.

7. Accordingly, this Court

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top