IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 1939 OF 2026 (LA-KIADB)

BETWEEN:

SRI. JEROME ALBUQURQUE S/O. LATE SANTANA ALBUQURQUE, AGED ABOUT 75 YEARS, R/AT KALAWARU VILLAGE, MANGALURU THALUK D.K. PRESENTLY RESIDING AT "EDEN, ERAME PADAU HOUSE, MUD PERAR POST, MANGALORE - 574 166.

…PETITIONER Digitally signed by (BY SRI. CLIFTON D. ROZARIO, ADVOCATE)

PANKAJA S Location: HIGH AND:

COURT OF KARNATAKA

1. STATE OF KARNATAKA MINISTRY OF INDUSTRY AND COMMERCE THROUGH SECRETARY, DR. AMBEDKAR VEEDHI, VIKASA SOUDHA, BENGALURU - 560 001.

2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, 4/3, 2^ND FLOOR, R.P BUILDINGS, NRUPATUNGA ROAD, BENGALURU - 560 001 BY SLO

3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, KIADB, BYKAMPADY, MANGALURU - 575 011.

…RESPONDENTS (BY SRI. KIRAN KUMAR, HCGP FOR R1;

SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 & R3)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PAY THE COMPENSATION DETERMINED BY THE 3^RD RESPONDENT ALONG WITH ACCRUED INTEREST UNDER SECTION 34 OF THE LAND ACQUISITION ACT, 25.01.1894 FROM 2007, THE DATE OF THE ISSUANCE OF THE NOTICE UNDER SECTION 28(6) TO THE DATE OF PAYMENT OF COMPENSATION, IN ACCORDANCE WITH THE COMPROMISE PETITION DATED 24.02.2023 FILED BEFORE THE HON'BLE HIGH COURT IN R.S.A.NO.863/2018 CLUBBED WITH R.S.A.NO.1114/2018 AND THE ORDER OF THE HON'BLE COURT DATED 24.02.2023 (PLACED AS ANNEXURE-D AND ANNEXURE-E).

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

The present petition has been filed by the petitioner seeking a direction to the respondents to pay the compensation along with accrued interest in terms of the stipulation under Section 34 of the Land Acquisition Act, 1894 ("LA Act" for short) and an alternative prayer is also sought to issue an appropriate direction to set aside the award and direct the respondents to pass a fresh award in respect of the lands of the petitioner in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2. At the outset, it is to be noted that the learned counsel Sri. Clifton D. Rozario for the petitioner submits that the relief sought for in the present writ petition is to be limited to a direction to the respondents to pay interest, as the petitioner is entitled to, in terms of Section 34 of the Land Acquisition Act, 1894 and other prayers may be left open and not adjudicated in the present proceedings. It is submitted that the limited grievance of the petitioner in the writ petition being restricted to payment of interest, other contentions including the market value as fixed in the award etc., are to be kept open. It is also to be noticed that the petitioner has given up the alternative prayer, wherein, the petitioner had sought for passing of a fresh award in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

3. The petitioner submits that the land had been acquired by the KIADB and there was interse dispute amongst the petitioners culminating in compromise petition filed before this Court in RSA.No.1114/2018 clubbed with RSA.No.863/2018. It was submitted that the compromise was recorded and the appeals were disposed of on 24.02.2023. Thereafter, it is submitted that an application was made to the Special Land Acquisition Officer, KIADB with relevant documents seeking disbursal of the compensation amount as agreed in the compromise.

4. It is to be noticed that admittedly, the award has been passed, a copy of which is produced at Annexure - T. In terms of the general award passed in column No.7, it becomes clear that possession has been taken on 21.04.2007, such assertion is not controverted by the other side. It is furthe