Writ Petition No. 11699 of 2022 · The High Court
Case Details
- 1 - NC: 2025:KHC:14814 WP No. 11699 of 2022 C/W WP No. 22327 of 2023 WP No. 23062 of 2023 AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 11699 OF 2022 (LA-KIADB) C/W WRIT PETITION NO. 22327 OF 2023 (LA-KIADB) WRIT PETITION NO. 23062 OF 2023 (LA-KIADB) WRIT PETITION NO. 28961 OF 2024 (LA-KIADB) WRIT PETITION NO. 29428 OF 2024 (LA-KIADB) IN WP No. 11699/2022 BETWEEN: SMT. C S SUJATHA W/O AMRUTHESH AGED ABOUT 70 YEARS R/AT RAMANA HALLI VILLAGE KASABA HOBLI, MYSORE TALUK (BY SRI. BABU M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA …PETITIONER REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE (INDUSTRIAL DEVELOPMENT) M.S. BUILDING, DR. AMBEDKAR VEEDI BENGALURU 560001 - 2 - NC: 2025:KHC:14814 WP No. 11699 of 2022 C/W WP No. 22327 of 2023 WP No. 23062 of 2023 AND 2 OTHERS 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB) REP. BYITS CHIEF EXECUTIVE OFFICER 49, 4TH AND 5TH FLOOR KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU 560001. 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (B.M.I.CP) NO. 2083/2, 1ST CROSS SUBASH NAGAR, MANDYA 571401 4. BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY (BMICAPA) REP BY ITS MEMBER SECRETARY NO.5, 2ND FLOOR, LOOP LANE RACE COURSE ROAD, BENGALURU 560009. 5. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES NO.1, MIDFORD HOUSE, MIDOFRD GARDEN, M.G. ROAD, BENGALURU-560001. …RESPONDENTS
Legal Reasoning
(BY PROF. RAVIVARMA KUMAR, SR. COUNSEL SRI. S.A. AHMED & SRI. MALAHARA RAO., AAG Dr. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO SPL. GOVERNMENT ADVOCATES FOR R1 SRI. C. CHANNEGOWDA., ADVOCATE FOR R2 & R3 SRI. YOGESH D NAIK., ADVCOATE 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 QUASHING THE PRELIMINARY NOTIFICATION ISSUED BY THE R1 PUBLISHED IN THE SPECIAL GAZETTE NOTIFICATION DATED 03.07.1999 MADE IN REF.NO.CI 196 SPQ 98 AT NO.762 OF PART-III (IN SO FAR AS THE ACQUISITION OF THE PETITIONER LAND IN - 3 - NC: 2025:KHC:14814 WP No. 11699 of 2022 C/W WP No. 22327 of 2023 WP No. 23062 of 2023 AND 2 OTHERS SY.NO.212/1 TO AN EXTENT OF 0.39 GUNTS CARVED OUT OF SURVEY NO.212 MEASURING 5.06 ACRES SITUATED AT RAMMANA HALLI VILLAGE, KASABA HOBLI, MYSORE TALUK) AND ETC. IN WP NO. 22327/2023 BETWEEN: 1. SMT. BHADRAKALAMMA W/O LATE HOSEERAIAH, AGED ABOUT 50 YEARS, R/AT NO.9, GANAKALLU, BANNIKUPPE VILLAGE, BIDADI HOBLI, RAMANAGARA -562159. 2. SMT. BHAGYA D/O LATE HOSEERAIAH, AGED ABOUT 45 YEARS, R/AT NO.32, ANKAPPA LAYOUT, KETHAGANAHALLI MAIN ROAD, BIDADI HOBLI, RAMANAGARA -562109 3. SMT. PREMA D/O LATE HOSEERAIAH, AGED ABOUT 43 YEARS, R/AT BOREHALLI, GANAKAL, BIDADI HOBLI, RAMANAGARA -562109 4. SMT. RATHNA D/O LATE HOSEERAIAH, AGED ABOUT 41 YEARS, R/AT HEROHALLI CROSS, - 4 - NC: 2025:KHC:14814 WP No. 11699 of 2022 C/W WP No. 22327 of 2023 WP No. 23062 of 2023 AND 2 OTHERS KSRTC DEPOT, BANGALORE-560091 5. SMT. SAVITHA D/O LATE HOSEERAIAH, AGED ABOUT 39 YEARS, R/AT GANAKALLU, BANNIKUPPE VILLAGE, BIDADI HOBLI, RAMANAGARA-562159. REP. BY THEIR GPA HOLDER, SRI S. BABU RAJENDRAN, PRESIDENT, MICO KARMIKARA BALAGADA VASATHI SAHAKARA SANGHA NIYAMITHA, NO.24, IST FLOOR, LAKKASANDRA LAYOUT, 7TH MAIN, 14TH CROSS, WILSON GARDEN, BANGALORE-560030. (BY SRI. SHARAN N MAJAGE., ADVOCATE) ...PETITIONERS AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE-560001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD EAST WING, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE-560001 REP BY CEO AND EM. - 5 - NC: 2025:KHC:14814 WP No. 11699 of 2022 C/W WP No. 22327 of 2023 WP No. 23062 of 2023 AND 2 OTHERS 3. THE SPECIAL LAND ACQUISITION OFFICER (BMICP) KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, MAHARSHI ARAVINDA BHAVAN, IST FLOOR, NRUPATHUNGA ROAD, BANGALORE-560001. 4. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES, NO.1, MIDFORD HOUSE, MIDFORD GARDENS, OFF M.G.ROAD, BANGALORE-560001 REP. BY ITS MANAGING DIRECTOR REG. UNDER COMPANIES ACT 1956 ...RESPONDENTS (BY PROF. RAVIVARMA KUMAR, SR. COUNSEL SRI. S.A. AHMED & SRI. MALAHARA RAO., AAG Dr. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO SPL. GOVERNMENT 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 DECLARE THE ACQUISITION THE NOTIFICATION DATED 21/07/1999, VIDE NOTIFICATION NO. CI 196 SPQ 98 ISSUED UNDER SECTION 28(1) OF THE KIAD ACT, 1966 BY THE R1 VIDE ANNEXURE-C AND ETC. PROCEEDINGS DECLARING IN WP NO. 23062/2023 BETWEEN: 1. SMT MANGALAMMA W/O LATE RUDRAPPA, AGED ABOUT 54 YEARS, R/AT NO 57, GANAKALLU, - 6 - NC: 2025:KHC:14814 WP No. 11699 of 2022 C/W WP No. 22327 of 2023 WP No. 23062 of 2023 AND 2 OTHERS BANNIKUPPE VILLAGE, BIDADI HOBLI, RAMANAGARA - 562159 2. SMT. SHAILA R D/O LATE RUDRAPPA AGED ABOUT 39 YEARS R/AT ARJUNALLI KODIHALLI HOBLI, ALANATHA, KANAKAPURA TALUK RAMANAGARA - 562119 3. SMT SHWETHA D/O LATE RUDRAPPA AGED ABOUT 35 YEARS, R/AT NO 247, A B REVANNA STREET, SHIVAPURA, MADDUR TALUK, MANDYA DISTRICT - 571429 4. SRI HARISH KUMAR S/O LATE RUDRAPPA, AGED ABOUT 32 YEARS, R/ATNO 57, BANNIKUPPE GANAKALLU, BIDADI HOBLI, RAMANAGARA DISTRICT-562159 5. SMT ABHILASHA B S W/O HARISH KUMAR, AGED ABOUT 30 YEARS, R/AT GANAKALLU BANNIKUPPA VILLAGE, BIDADI HOBLI, RAMANAGARA - 562159 REP. BY THEIR GPA HOLDER SRI.S. BABU RAJENDRAN PRESIDENT, MICO KARMIKARA BALAGADA VASATHI AHAKARA SANGHA NIYAMITHA, - 7 - NC: 2025:KHC:14814 WP No. 11699 of 2022 C/W WP No. 22327 of 2023 WP No. 23062 of 2023 AND 2 OTHERS NO 24, 1ST FLOOR LAKKASANDRA LAYOUT, 7TH MAIN, 14TH CROSS WILSON GARDEN BANGALORE - 560030 (BY SRI. SHARAN N MAJAGE.,ADVOCATE) ...PETITIONERS AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA, BANGALORE - 560001 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE - 560001 REP BY CEO AND EM 3. THE SPECIAL LAND ACQUISITION OFFICER (BMICP) KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, MAHARSHI ARAVINDA BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BANGALORE - 560001 4. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES, NO 01, MIDFORD HOUSE, MIDFORD GARDENS, OFF M .G. ROAD, BANGALORE - 560001 - 8 - NC: 2025:KHC:14814 WP No. 11699 of 2022 C/W WP No. 22327 of 2023 WP No. 23062 of 2023 AND 2 OTHERS REP. BY ITS MANAGING DIRECTOR REG. UNDER COMPANIES ACT 1956. ...RESPONDENTS (BY PROF. RAVIVARMA KUMAR, SR. COUNSEL SRI. S.A. AHMED & SRI. MALAHARA RAO., AAG Dr. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO SPL. GOVERNMENT 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)
Decision
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER ACQUISITION THAT PROCEEDINGS DECLARING THE NOTIFICATION DTD 21.07.1999, VIDE NOTIFICATION NO. CI 196 SPQ 98 ISSUED UNDER SECTION 28(1) OF THE KIAD ACT, 1966 BY THE R1 VIDE ANNEXURE-D AND ETC. DECLARING THE IN WP NO. 28961/2024 BETWEEN: THOMAS PLATHOTATHIL JOHN S/O. T. JOHN, AGED ABOUT 60 YEARS, R/AT NO. 872, 80 FEET ROAD, INDRANAGAR, BENGALURU-560 038. (BY SRI. B RAMESH., ADVOCATE) AND: ...PETITIONER 1. THE STATE OF KARNATAKA BY PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE - 9 - NC: 2025:KHC:14814 WP No. 11699 of 2022 C/W WP No. 22327 of 2023 WP No. 23062 of 2023 AND 2 OTHERS (INDUSTRIAL DEVELOPMENT), M.S. BUILDING, BENGALURU-560 001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.14/3, RASHTROTHANA PARISHATH, 2ND FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001, REP. BY SPECIAL DEPUTY COMMISSIONER. 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (BMICP), 1ST FLOOR, MARASHI ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001. 4. M/S. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD., NO.1, FORD GARDENS, OPP. M.G. ROAD, BENGALURU-56001, REP. BY THE MANAGING DIRECTOR, (REGISTERED UNDER COMPANIES ACT). 5. NANDI ECONOMIC CORRIDOR ENTERPRISES LTD., NO.1, MIDFORD HOUSE, MIDFORD GARDENS, OFF. M.G. ROAD, BENGALURU-560 001, REP. BY ITS MANAGING DIRECTOR (REGISTERED UNDER COMPANIES ACT) ...RESPONDENTS (BY PROF. RAVIVARMA KUMAR, SR. COUNSEL SRI. S.A. AHMED & SRI. MALAHARA RAO., AAG Dr. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO SPL. GOVERNMENT ADVOCATES FOR R1 SRI. P.V.CHANDRASHEKAR., ADVOCATE FOR R2 & R3 - 10 - NC: 2025:KHC:14814 WP No. 11699 of 2022 C/W WP No. 22327 of 2023 WP No. 23062 of 2023 AND 2 OTHERS SRI. S.B.MATHAPATI., ADVOCATE FOR R4 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 DTD. 02.06.1999 BEARING NO. CI.196.SPQ.1998 ISSUED BY THE RESPONDENT AUTHORITY WHICH IS PRODUCED AND MARKED AS ANNX- C AND DECLARE THAT THE ACQUISITION PROCEEDINGS INITIATED BY THE RESPONDENT AUTHORITIES IN RESPECT OF THE PROPERTY BEARING SY.NO. 85/2, MEASURING TO AN EXTENT OF 01 ACRES 16 GUNTAS SITUATED AT KAMMANAHALLI VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, IS LAPSED / ABANDONED. IN WP NO. 29428/2024 BETWEEN: H.N. SATISH S/O. LATE H.V.NANJUNDAPPA AGED 49 YEARS, R/A WARD NO.22, BEHIND KEB, BAGEPALLI, CHIKKABALLAPUR DISTRICT 561 207. (BY SRI. B RAMESH.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA ...PETITIONER DEPARTMENT OF INDUSTRIES AND COMMERCE, (INDUSTRIAL DEVELOPMENT) M.S. BUILDING, BENGALURU-560 001. REP. BY ITS SECRETARY. - 11 - NC: 2025:KHC:14814 WP No. 11699 of 2022 C/W WP No. 22327 of 2023 WP No. 23062 of 2023 AND 2 OTHERS 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.14/3, RASTHROTHANA PARISHATH, 2ND FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, 1ST FLOOR, MARASHI ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001. ...RESPONDENTS (BY PROF. RAVIVARMA KUMAR, SR. COUNSEL SRI. S.A. AHMED & SRI. MALAHARA RAO., AAG Dr. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO SPL. GOVERNMENT ADVOCATES FOR R1 SRI. P.V.CHANDRASHEKAR., ADVOCATE FOR R2 & R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE PRELIMINARY NOTIFICATION DATED 11/12/2009 ISSUED BY THE RESPONDENT AUTHORITY WHICH IS PRODUCED AND MARKED AS ANNEXURE-B AND TO DECLARE THAT THE THE ACQUISITION RESPONDENT AUTHORITIES IN RESPECT OF THE PROPERTY BEARING SY NO. 205/P NEW SY NO. 205 MEASURING TO AN EXTENT OF 3 ACRES 20 GUNTAS SITUATED AT HOSAHUDYA VILLAGE, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT IS LAPSED/ ABANDONED. PROCEEDINGS INITIATED BY THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 12 - NC: 2025:KHC:14814 WP No. 11699 of 2022 C/W WP No. 22327 of 2023 WP No. 23062 of 2023 AND 2 OTHERS 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, 21.07.1999, 02.06.1999 and 11.12.2009, respectively issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966. Therefore, these writ petitions were clubbed, heard together and are being disposed of by this common order. 2. Learned Counsels for the petitioners submit that the impugned notification 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. - 13 - NC: 2025:KHC:14814 WP No. 11699 of 2022 C/W WP No. 22327 of 2023 WP No. 23062 of 2023 AND 2 OTHERS 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-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 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, 21.07.1999, 02.06.1999 and 11.12.2009, respectively - 14 - NC: 2025:KHC:14814 WP No. 11699 of 2022 C/W WP No. 22327 of 2023 WP No. 23062 of 2023 AND 2 OTHERS 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-NICE to proceed against the other respondents, in accordance with law if there is any grievance against them. All contentions in that regard are kept open. No order as to costs. 7. Pending Interlocutory Application(s), if any, stand(s) disposed of. Sd/- (R DEVDAS) JUDGE DL CT: JL