Writ Petition No. 12572 of 2021 · The High Court
Case Details
- 1 - NC: 2025:KHC:14447 WP No. 12572 of 2021 C/W WP No. 21459 of 2022 WP No. 23322 of 2023 WP No. 23357 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 12572 OF 2021 (LA-KIADB) C/W WRIT PETITION NO. 21459 OF 2022 (LA-KIADB) WRIT PETITION NO. 23322 OF 2023 (LA-KIADB) WRIT PETITION NO. 23357 OF 2023 (LA-KIADB) Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA IN WP NO. 12572/2021 BETWEEN: 1. DR K SRINIVASAN S/O LATE S.KRISHNASWAMY, AGED ABOUT 78 YEARS, RESIDING AT NO.20E, ROHINI, 18TH CROSS, MALLESHWARAM, BENGALURU-560055.
Legal Reasoning
2. SMT RUKMINI SRINIVASAN W/O SHRI K SRINIVASAN, AGED ABOUT 69 YEARS, RESIDING AT NO.20E, ROHINI, 18TH CROSS, MALLESHWARAM, BENGALURU-560055. (BY SRI. VIVEK HOLLA,.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE, KHANIJA BHAVAN, ...PETITIONERS - 2 - NC: 2025:KHC:14447 WP No. 12572 of 2021 C/W WP No. 21459 of 2022 WP No. 23322 of 2023 WP No. 23357 of 2023 RACE COURSE ROAD, BENGALURU-560001. REPRESENTED BY ITS SECRETARY. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. REP. BY ITS CHIEF EXECUTIVE OFFICER. 3. 4. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, (B.M.I.C.P) VITC BUILDING, KASTURBA ROAD, BENGALURU-560001. M/S NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD M G ROAD, BENGALURU 560 001 REP BY ITS MANAGER ...RESPONDENTS (BY PROF. RAVIVARMA KUMAR., SR. COUNSEL FOR SRI.S.A.AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO., SPL. GOVT. ADVOCATES FOR R1 SRI. H.L.PRADEEP KUMAR., ADVOCATE FOR R2 & R3 SRI. R.V.S. NAIK., SR. COUNSEL FOR SRI. NITIN PRASAD., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 21.07.1999, ISSUED BY THE STATE GOVERNMENT, THE R1 HEREIN, U/S 28(1) OF THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT - 3 - NC: 2025:KHC:14447 WP No. 12572 of 2021 C/W WP No. 21459 of 2022 WP No. 23322 of 2023 WP No. 23357 of 2023 ACT, 1966 (ANNEXURE-E) AND ETC. IN WP NO. 21459/2022 BETWEEN: NARAYANAPPA S/O HANUMAIAH AGED 55 YEARS R/A KURUBARA KARENAHALLI VILALGE BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRCIT 562109 (BY SRI. B RAMESH., ADVOCATE) AND: ...PETITIONER 1. THE STATE OF KARNATAKA BY PRINCIPAL SECRETARY DEPT OF INDUSTRIES AND COMMERCE (INDUSTRIES DEVELOPMENT) M S BUILDING, BENGALURU 560001 2. THE KARNATAKA INDUSTRIAL AREA DEVELPMENT BOARD NO 49, 4TH FLOOR, KHANIAJI BAHVAN RACE COURSE ROAD, BENGALURU 560001 REP BY ITS CHIEF EXECUTIVE OFFICE AND EXECUTIVE MEMBER 3. THE SPECIAL LAND ACQUISTION OFFICER 2 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (BMICP) 1ST FLOOR, MARSASHI ARAVIND BHAVAN NRUPATHUNGA ROAD, BENGALURU 560001. 4. BENGALURU MYSORE INFRASTRUCTURE CORRIDOOR AREA PLANNING AUTHORITY (BMICPA) - 4 - NC: 2025:KHC:14447 WP No. 12572 of 2021 C/W WP No. 21459 of 2022 WP No. 23322 of 2023 WP No. 23357 of 2023 NO 5, SECOND FLOOR LOOPLANE, RACE COURSE ROAD BENGALURU 560009 REP BY ITS MEMBER SECRETARY 5. NANDI ECONOMIC CORRIDOR ENTERPRISES LTD NO 1, MIDFORD HOUSE MIDFORD GARDENS OFF MG ROAD, BENGALURU 560001 REP BY ITS AUTHORIZED SIGNATORY REGISTERED UNDER COMPANIES ACT ...RESPONDENTS (BY PROF. RAVIVARMA KUMAR., SR. COUNSEL FOR SRI.S.A.AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO., SPL. GOVT. ADVOCATES FOR R1 SRI. B.B.PATIL., ADVOCATE FOR R2 & R3 SRI. YOGESH D NAIK., ADVOCATE FOR R4) SRI. R.V.S. NAIK., SR. COUNSEL FOR SRI. NITIN PRASAD., ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DTD 21.07.1999 BEARING NO.CI.198.SPQ.1998 ISSUED BY THE R3 AUTHORITY WHICH IS PRODUCED AND MARKED AS ANNEXURE-A AND ETC. IN WP NO. 23322/2023 BETWEEN: 1. N. MURTHY S/O LATE YELA NARAIMACHAR AGED 67 YEARS - 5 - NC: 2025:KHC:14447 WP No. 12572 of 2021 C/W WP No. 21459 of 2022 WP No. 23322 of 2023 WP No. 23357 of 2023 2. N RAMESH S/O LATE YELA NARASIMHACHAR AGED 57 YEARS 3. N SATISH S/O LATE YELA NARASIMHACHAR AGED 47 YEARS ALL ARE R/AT KURUBARAKARENHALLI VILLAGE BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT PIN 562130 ...PETITIONERS (BY SRI. B RAMESH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE (INDUSTRIAL DEVELOPMENT) M S BUILDING, BENGALURU 560001 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO 14/3, RASHTROTHANA PARISHANT 2ND FLOOR, NRUPATHUNG ROAD BENGALURU 560001 REP BY SPECIAL DEPUTY COMMISSIONER 3. THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (BMICP) 1ST FLOOR, MARASHI ARAVIND BHAVAN NRUPATHUNGA ROAD BENGALURU 560001 4. M/S NANDI INFRASTURCTURE CORRIDOR ENTERPIRSE LTD NO 1, FORD GARDENS OPP MG ROAD, BENGALURU 560001 REP BY THE MANAGING DIRECTOR - 6 - NC: 2025:KHC:14447 WP No. 12572 of 2021 C/W WP No. 21459 of 2022 WP No. 23322 of 2023 WP No. 23357 of 2023 5. NANDI ECONOMIC CORRIDOR ENTERPRISES LTD NO 1, MIDFORD HOUSE MIDFORD GARDENS OFF MG ROAD, BENGALURU 560001 REP BY ITS MANAGING DIRECTOR RESPONDNET 4 AND 5 ARE REGISTERED UNDER COMPANIES ACT) ...RESPONDENTS (BY PROF. RAVIVARMA KUMAR., SR. COUNSELFOR SRI.S.A.AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO., SPL. GOVT. ADVOCATES FOR R1 SRI. DILDAR SHIRALLI., ADVOCATE FOR R2 & R3 SRI. R.V.S. NAIK., SR. COUNSEL FOR SRI. NITIN PRASAD., ADVOCATE FOR R4 & R5) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DTD 21/07/1999 BEARING NO. CI/196/SPQ/1998 ISSUED BY THE R-1 AUTHORITY WHICH IS PRODUCED AND MARKED AS ANNEXURE-B AND ETC. IN WP NO. 23357/2023 BETWEEN: SMT. VENKATAMMA W/O LATE PUTTANAGARSACHAR AGED 75 YEARS R/A KURUBARAKARENAHALLI VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT PIN - 562 130 (BY SRI. B RAMESH.,ADVOCATE) ...PETITIONER - 7 - NC: 2025:KHC:14447 WP No. 12572 of 2021 C/W WP No. 21459 of 2022 WP No. 23322 of 2023 WP No. 23357 of 2023 AND: 1. THE STATE OF KARNATAKA BY PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE (INDUSTRIAL DEVELOPMENT) M.S. BUILDING, BENGALURU – 560001 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO. 14/3, RASTHROTHANA PARISHATH 2ND FLOOR, NRUPTHUNGA ROAD BENGALURU - 560 001 REPRESENTED BY SPECIAL DEPUTY COMMISSIONER 3. THE SPECIAL LAND ACQUSITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (BMICP) 1ST FLOOR, MARASHI ARAVIND BHAVAN NRUPATUNGA ROAD, BENGALURU - 560 001. 4. M/S NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LTD NO.1, FORD GARDENS, OPP M.G. ROAD, BENGALURU - 560 001 REP. BY THE MANAGER DIRECTOR REGISTERED UNDER COMPANIES ACT 5. NANDI ECONOMIC CORRIDOR ENTERPRISE LTD NO.1 MIDFORD HOUSE, MIDFORD GARDENS, OFF MG ROAD, BENGALURU - 560 001 REP BY ITS MANAGING DIRECTOR REGISTERED UNDER COMPANIES ACT ...RESPONDENTS (BY PROF. RAVIVARMA KUMAR., SR. COUNSELFOR SRI.S.A.AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO., SPL. GOVT. ADVOCATES FOR R1 - 8 - NC: 2025:KHC:14447 WP No. 12572 of 2021 C/W WP No. 21459 of 2022 WP No. 23322 of 2023 WP No. 23357 of 2023 SRI. DILDAR SHIRAHALLI., ADVOCATE FOR R2 & R3 SRI. S.B. MATHAPATI., ADVOCATE FOR R4) SRI. R.V.S. NAIK., SR. COUNSEL FOR SRI. NITIN PRASAD., ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DTD 21.07.1999 BEARING NO.CI.196,SPQ,1998 ISSUED BY THE R1 AUTHORITY WHICH IS PRODUCED AND MARKED AS ANNEXURE-B AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioners are the land owners whose grievances in common are directed towards the impugned preliminary notifications dated 03.07.1999 and 21.07.1999, issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966. Therefore, these writ petitions were clubbed, heard together and are being
Decision
disposed of by this common order. - 9 - NC: 2025:KHC:14447 WP No. 12572 of 2021 C/W WP No. 21459 of 2022 WP No. 23322 of 2023 WP No. 23357 of 2023 2. Learned Counsels for the petitioners submit that the impugned notifications has been subject matter of various litigations and this Court has allowed all the writ petitions and has quashed the impugned notification, insofar as the respective writ petitioners are concerned. Learned Counsel prays for similar orders, having regard to the decision in the case of Sri.C.Valliappa Vs. The State of Karnataka and others, in W.P.No.8400/2021, dated 07.06.2021. 3. Learned Counsel appearing for the respondent- Karnataka Industrial Areas Development Board (KIADB) and learned Counsel appearing for the respondent-Nandi Infrastructure Corridor Enterprises (NICE), do not dispute the submissions made by the learned Counsels for the petitioners. However, the learned Counsel for the respondent No.4-NICE would draw the attention of this Court to another decision in the case of Sri.Natawarlal Jasu Vs. The State of Karnataka and others, in W.P.No.4399/2023, dated 28.07.2023 and prays that - 10 - NC: 2025:KHC:14447 WP No. 12572 of 2021 C/W WP No. 21459 of 2022 WP No. 23322 of 2023 WP No. 23357 of 2023 similar directions that were issued to the respondent-State Government and liberty granted to the respondent-NICE, may be given. 4. In view of the decisions of the co-ordinate Benches of this Court striking down the impugned notification, the petitioners are also entitled for similar relief. 5. Consequently, the writ petitions are allowed. The impugned preliminary notifications dated 03.07.1999 and 21.07.1999 issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966, is hereby quashed and set aside, insofar as the petitioners lands are concerned. 6. This order shall not come in the way of acquiring the subject property by issuing notification afresh, in accordance with law. Added, liberty is also reserved to the respondent No.4-NICE to proceed against respondents No.1 to 3, in accordance with law if there is any grievance - 11 - NC: 2025:KHC:14447 WP No. 12572 of 2021 C/W WP No. 21459 of 2022 WP No. 23322 of 2023 WP No. 23357 of 2023 against them. All contentions in that regard are kept open. No order as to costs. 7. Pending Interlocutory Applications, if any, stand disposed of. KLY CT: JL Sd/- (R DEVDAS) JUDGE