(Prayer: Writ Petition filed under Articles 226 and 227 of the Constitution of India, praying to i) issue a writ of certiorari or any other writ, order or direction, setting aside the Gazzette Notification dated 09-12- 2020 Bearing No.Ci 97 Spq(E) 2019 issued by the respondents u/S Sec.28(1) of Kiadb Act, 1966 produced at Annexure-C in respect of land of the petitioner Bearing Sy No.72 measuring 3 acre situated at Nandur(K) Kalaburagi Taluk, Kalaburagi District and thereby set aside the final gazette notification bearing No.Cispq(E) 2019 dated 23-11-2022 authorizing the Respondent No.6 to exercise their rights as per Sec.28(4) Of Kiadb Act, 1966 produced at Annexure-F to acquire the notified land properties, in respect of land of the petitioner bearing Sy No.72 Measuring 3 Acre situated at Nandur(K), Kalaburagi Taluk, Kalaburagi District. ii) in the alternative, issue a writ of certiorari to quash the general award dated passed by respondent no.6 Bearing No. Kiadb/Bhu.Swa/Ka/Sa.Vi/Ka/01/2023-24/696at Annexure- H as illegal in so far as the land of the petitioner in Sy No.72 mentioned and direct the respondents to consider the representation dated 16-07-2025 made by the petitioner vide Annexure-M and pay the compensation as per the Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 also award compensation by calculating the land of the petitioner as irrigation land in respect of the land of the petitioner. iii) issue such other writ/directions as this Honurable Court may deem fit to grant in the circumstances of the case.)

Oral Order

1. In this writ petition, the petitioner is seeking for the following prayers:

          "1. Issue a Writ of Certiorari or any other writ, order or direction, setting aside the Gazette notification dated 09.12.2020 bearing No. CI 97 SPQ(E) 2019 issued by the Respondents U/s Sec 28(1) of KIADB Act, 1966 produced at ANNEXURE-C in respect of land of the petitioner bearing Sy. No. 72 measuring 3 acre situated at Nandur(K), Kalaburgi Taluk, Kalaburgi District and thereby set aside the final Gazette notification bearing no. CI SPQ(E) 2019 DATED 23.11.2022 authorizing the Respondent No.6 to exercise their rights as per Sec 28(4) of KIADB Act, 1966 produced at ANNEXURE-F to acquire the notified land properties, in respect of land of the petitioner bearing Sy. No. 72 measuring 3 acre situated at Nandur(K), Kalaburgi Taluk, Kalaburgi District.

          II. In the Alternative, issue a Writ of Certiorari to quash the general award Dated passed by respondent No.6 Bearing No.KIADB/BHU.SWA/KA/SA.VI/KA/01/2023- 2024/696 At ANNEXURE H as illegal in so far as the land of the petitioner in Sy.No 72 mentioned and direct the respondents to consider the representation Dated vide annexureM 16.07.2025 made by the petitioner vide Annexure-M and pay the compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 also award compensation by calculating the land of the petitioner as irrigation land in respect of the land of the petitioner.

          III. Issue such other Writ/directions as this Hon'ble court may deem fit to grant in the circumstances of the case."

2. Learned counsel appearing for the petitioner, at the outset, submits that the petitioner will not press on the prayer challenging the preliminary and final notifications in the present writ petition and restricts his writ petition only to challenge the general award passed by respondent No.6 - Special Land Acquisition Officer, KIADB ('SLAO' for short), after the amendment to Section 30 of the Karnataka Industrial Areas Development Act, 1966 ('KIAD Act' for short).

3. It is submitted that the award in question is passed after the amendment to Section 30 of the KIAD Act. Hence, the award is required to be passed under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ('the Act, 2013' for short). In support of his contention, he placed reliance on the decision of the Co-ordinate Bench of this Court in the case of SMT. ANITHA AND OTHERS Vs. STATE OF KARNATAKA AND OTHERS (W.P.No.4627/2024, Dt:27.09.2024).

4. Learned High Court Government Pleader appearing for respondent Nos.1, 3 and 4 and learned counsel appearing for respondent Nos.2 and 6 - KIADB submits that the amendment to Section 30 of the KIAD Act has to be construed with reference to the date of the preliminary notification and in the case on hand, the preliminary notification is dated 09.12.2020 and final notification is dated 23.11.2022. Hence, the passing of the award by the KIADB under the Land Acquisition Act, 1894 ('LA Act' for short) is just and correct and does not call for any interference by this Court. Hence, they seek to dismiss the writ petition.

5. I have heard the arguments of learned counsel appearing for the petitioner, learned High Court Government Pleader appearing for respondent Nos.1, 3 and 4, learned counsel appearing for respondent Nos.2 and 6 - KIADB and meticulously perused the material placed on record.

6. It is not in dispute that various extents of land belonging to the petitioner were acquired by the respondent - State by issuing a preliminary notification under Section 28(1) of the KAID Act on 09.12.2020 and a final notification/declaration under Section 28(4) of the KIAD Act on 23.11.2022. It is to be noticed that the SLAO, KIADB, passed the general award on 25.04.2025.

7. Admittedly, the aforesaid award was passed after substitution of Section 30 to the KIAD Act. It is to be noticed that Section 30 of the KIAD Act was substituted by Act No.20/2020, with effect from 05.04.2022. Section 30 of the KIAD Act reads as under:

          " 30. Application of Central Act 30 of 2013.- The Sections 23, 23-A, 26, 27, 28, 29, 30, 64, 65, 69, 72, 73, 74, 75, 76, 77, 78, 79, 80, 96 and Schedule 1 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) shall for the purpose be deemed to form part of this Act in the same manner as if they were re-enacted in the body thereof in respect of lands acquired under this Chapter."

8. The effect of the aforesaid substitution is that the aforesaid provisions of the Act, 2013 apply to acquisitions made under the KIAD Act with effect from 05.04.2022.

9. When things stood thus, the passing of the general award by the KIADB under the LA Act is without jurisdiction and illegal, as on the date of passing of the award, the LA Act was not in force. The same view has been taken by the Co-ordinate Bench in the case of SMT. ANITHA, referred supra, at paragraph No.51, which reads as under:

          " 51. As far as the argument of Mr.Patil that the provisions of the 2013 Act would have to be applied for awarding compensation is concerned, it cannot be in dispute that Section 30 was substituted in its entirety prior to 05.04.2022. The KIADB, therefore, should not have awarded compensation under the 1894 Act. Since the award in the instant case has been passed after 05.04.2022, i.e., on 05.02.2024 and approved on 08.02.2024 under the 1894 Act, the general awards cannot be sustained (though there is no specific prayer made in the present petition) and the same are, accordingly, quashed."

10. In view of the preceding analysis, the general award passed by the SLAO, KIADB, is hereby quashed. Hence, I proceed to pass the following:

ORDER

          i) The writ petition is allowed. The acquisition insofar as the land in question is concerned is upheld, as the prayer challenging the same has been given up by the petitioner.

          ii) The general award dated 25.04.2025 passed by the Special Land Acquisition Officer, KIADB is set aside.

          iii) The Land Acquisition Officer, KIADB is directed to pass a fresh award in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within a period of three(3) months from the date of receipt of a certified copy of this order.

          iv) If any amount has been deposited or released in favour of the land loser, the same shall be adjusted towards the fresh award to be passed by the Land Acquisition Officer, KIADB.

          The pending applications, if any, stand disposed of. No order as to costs.