THE HIGH COURT OF KARNATAKA
S.SUNIL DUTT YADAV
SMT. SUSHAMA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 3652/2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 3652 OF 2026 (LA-KIADB)
BETWEEN:
1. SMT. SUSHAMA W/O G RAJESH AGED ABOUT 49 YEARS RESIDING AT 13/6 TEACHER COLONY, NAGSHETTYHALLI BANGALORE-560 094 … PETITIONER (BY SRI. RAGHAVENDRA GOWDA K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA Digitally signed DEPARTMENT OF COMMERCE AND INDUSTRIES by VIJAYA P VIKASA SOUDHA, Location: HIGH COURT OF BANGALORE-560 001.
KARNATAKA REPRESENTED BY ITS SECRETARY.
2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING, KHANIZA BHAVAN, BANGALORE-560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER
3. THE SPECIAL LAND ACQUISITION OFFICER(KRIDE)
HEAD OFFICE, KIADB NO.14/1, ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001.
… RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1;
SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R2 & R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE UNDATED GENERAL AWARD BEARING NO. KIADB/KRIDE/ ACQ/C2/R/12/400/700/NAGASHETTYHALLI/10/202 5-26 VIDE ANNEXURE-A IN SO FAR AS PETITIONER IS CONCERNED, PASSED BY THE THIRD RESPONDENT AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
Learned Additional Government Advocate accepts notice for respondent No.1.
Sri. P. V. Chandrashekar, learned counsel accepts notice for respondents 2 and 3.
The matter is taken up for disposal by consent.
2. The petitioner has sought for issuance of writ of certiorari to set aside the general award at Annexure-A passed by respondent No.3. Petitioner has also sought for issuance of writ in the nature of mandamus to direct the respondents to consider the case of the petitioner in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act') and to pass consent award insofar as it relates to the land to an extent of 9.24 Sq. Mtrs. in Sy. No.57/7B1 of Nagashettyhalli Village, Kasaba Hobli, Bangalore North Taluk, Bangalore Urban District.
3. The case of the petitioner is that she was willing for a consent award and accordingly, the question of passing of general award does not arise.
4. Learned counsel for the respondent - Karnataka Industrial Area Development Board (KIADB) submits that the petition itself could be disposed of while setting aside the general award insofar as the petitioner is concerned and the respondent - Special Land Acquisition Officer, KIADB would consider the request of the petitioner and pass a consent award as per law.
5. In light of the said stand and taking note of the directions passed in W.P.No.15026/2021, the petition is disposed of as follows:
(i) The impugned general award at Annexure-A insofar as the petitioner's land is concerned, is set aside.
(ii) Respondent No.3 is directed to consider the claim of the petitioner for passing of consent award and pass a consent award in terms of Section 29(2) of the Karnataka Industrial Areas Development Act, 1966, within a period of four months from the date of receipt of copy of this order.
6. It is made clear that, in the event if there is any dispute with regard to entitlement and apportionment of the award amount, the general award at Annexure-A would stand revived.
7. Liberty is reserved to the Special Land Acquisition Officer, KIADB to withdraw the amount, if deposited before the Civil Court pursuant to the general award.
8. Accordingly, the petition is disposed of in terms of the above.
Sd/-
(S SUNIL DUTT YADAV)
JUDGE VP
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