Karnataka High Court
Sri S K Abdul Khadar vs The State Of Karnataka on 8 September, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC:35290
WP No. 25722 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 25722 OF 2025 (LA-KIADB)
BETWEEN:
SRI. S.K.ABDUL KHADAR,
S/O A.MAHAMMED KHASIM SAB,
AGED ABOUT 67 YEARS,
R/AT UPPAR BAZAR,
MEGAL PET, SIRA TOWN,
SIRA TALUK,
TUMKUR DISTRICT - 572 137.
...PETITIONER
(BY SMT. ASHWINI P., ADVOCATE)
AND:
Digitally signed by
NAGAVENI
Location: HIGH 1. THE STATE OF KARNATAKA,
COURT OF
KARNATAKA BY ITS SECRETARY,
DEPARTMENT OF COMMERCE
AND INDUSTRIES,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
BY ITS CHIEF EXECUTIVE OFFICER
AND EXECUTIVE MEMBER,
KHANIJA BHAVAN,
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NC: 2025:KHC:35290
WP No. 25722 of 2025
HC-KAR
4TH AND 5TH FLOOR,
RACE COURSE ROAD,
BENGALURU - 560 001.
3. THE SPECIAL LAND ACQUISITION
OFFICER NIMZ,
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
I FLOOR, MARUTHI TOWER,
NEAR SIT MAIN GATE,
TUMKUR - 572 103.
...RESPONDENTS
(BY SRI. RAJKUMAR M., AGA FOR R1;
SRI. P.V.CHANDRASHEKAR, ADVOCATE FOR R2 AND R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
GENERAL AWARD BEARING NO. SLAO/KIADB/TU/NO. / 2019-
20 DATED 11.05.2020 PASSED BY R3 IN RESPECT OF THE
PETITIONER WAS THE ABSOLUTE OWNER OF LAND BEARING
SY. NO. 148/1 MEASURING 01 ACRES 33 GUNTAS, SITUATED
AT MUDIGERE KAVAL VILLAGE, KASABA HOBLI, SIRA TALUK,
TUMAKURU DISTRICT OF PETITIONERS IS CONCERNED WHICH
IS PRODUCED AT ANNEXURE -A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 25722 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is at the doors of this Court seeking the following prayers:
"i) Issue a writ of certiorari quashing the General award bearing No.SLAO/KIADB/TU/No. /2019-20 dated 11/05/2020 passed by 3rd respondent in respect of the petitioner was the absolute owner of land bearing Sy No. 148/1 measuring 01 acres 33 guntas, situated at Mudigere Kaval Village, Kasaba Hobli, Sira Taluk, Tumkur District, of petitioners is concerned, which is produced at ANNEXURE - A.
ii) Issue any suitable order, direction to the respondents to allot developed site lieau compensation as per the Government order No.CI 103 SPQ (E) 2019 dated 23/02/2021 Issuing R-1 produced at ANNEXURE-B.
iii) Issue any other orders or directions as deemed fit in the circumstances attending."
2. Heard Sri.Ashwini P, learned counsel appearing for the petitioner, Sri.Rajkumar M., learned Additional Government Advocate for respondent No.1 and Sri.P.V.Chandrashekar, learned counsel appearing for respondent Nos.2 and 3 and have perused the material on record.
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3. Learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgment rendered by a Co-ordinate Bench of this Court in W.P.No.22495/2023 disposed on 30.10.2023, wherein it has held as follows:
"This writ petition is filed seeking for following reliefs:
(i) Issue a writ of certiorari quashing the General Award bearing No.KIADB:LAQ No.1203/2022-23 dated 27.12.2022 passed by respondent no.3 in respect of land bearing Sy.no.40/7 measuring 0-12.08 guntas, situated at Hadihosahalli Village, Thyamagoundlu Hobli, Nelamangala Taluk, Bangalore Rural District of petitioner is concerned, which is produced at Annexure-C;
(ii) Issue any suitable order, direction or writ in the nature of mandamus directing the respondents herein to consider the case of the petitioner as per Section 29(2) of the KIAD Act and etc.
2. Sri Omkara Murthy G & Sri M.S. Mohan, learned counsel for petitioner submits that petitioner was absolute owner of land bearing Sy.no.40/7, measuring of 12.08 guntas situated at Hadihosahalli Village, Thyamagondlu Hobli, Nelamangala Taluk, Bengaluru Rural District, in respect of which respondent - authorities had initiated acquisition proceedings for Multi Modal Logistics Park project.
3. It was submitted that petitioner had no objection for acquisition of land by respondents -
KIADB, but without issuing notice and granting opportunity to petitioner to avail compensation under consent award General Award, was passed. Since compensation under consent award was higher than under General Award, denial was contrary to law.
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4. It was submitted that under similar circumstances, this Court in W.P.no.22091/2022 disposed of on 30.11.2022, holding such denial as unsustainable, quashed General Award and directed respondents to consider petitioner's representation for passing consent award. Hence sought for passing similar order.
5. Sri Yogesh D. Naik, learned AGA for respondent no.1 and Sri P.V. Chandrashekar, learned counsel for respondent nos.2 and 3 submitted that in view of earlier decisions, respondent no.3 would consider petitioner's representation if petitioner furnished relevant documents in support of claim over property and sought for disposal of writ petition.
6. Heard learned counsel and perused writ petition record.
7. From above, it is seen that in W.P.no.22091/2022, contention of petitioner therein about failure to provide opportunity to accept compensation under consent award which was higher than under General award was upheld and this Court set aside General Award and directed respondents to consider petitioner's representation for passing consent award. Said decision would squarely apply in this case.
8. Accordingly, writ petition is disposed of, impugned General Award no.KIADB:LAQ No.1203/2022-23 dated 27.12.2022 vide Annexure-C passed by respondent no.3, insofar as it relates to petitioner's land in Sy.no.40/7, measuring 12.08 guntas situated at Hadihosahlli Village, Thyamagondlu Hobali, Nelamangala Taluk, Bangalore Rural District, is hereby set aside.
9. Respondent no.3 - SLAO shall consider petitioner's representation and pass appropriate orders thereon within a period of eight weeks."
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4. In the light of the issue standing covered by judgment rendered by a Co-ordinate Bench of this Court supra, the petition stands disposed on the same terms.
Sd/-
(M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 146