- 1 - NC: 2025:KHC:17062 WP No. 321 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 321 OF 2022 (LA-KIADB) BETWEEN: SMT. K. G. SHOBHA W/O LATE B.K KANTHARAJ AGED ABOUT 70 YEARS RESIDING AT BANNIKUPPE KAILANCHA HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT. …PETITIONER (BY SMT. SULOCHANA M. AND SRI. KAMALESHWARA RAO,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE (INDUSTRIAL DEVELOPMENT) M.S BUILDING BENGALURU – 560 001. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB), REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, NO.49, 4TH AND 5TH FLOOR KHANIJA BHAVAN RACE COURSE ROAD BENGALULRU – 560 001 3. SPECIAL LAND QCQUISITION OFFICER KARNATAKA INDUSTRIAL AREA Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17062 WP No. 321 of 2022 DEVELOPMENT BOARD (B.M.I.C.P) IST FLOOR, MAHARSHI ARAVINDA BHAVAN NRUPATHUNGA ROAD, BENGALURU – 560 001. 4. BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY (BMICAPA) REP. BY ITS MEMBER SECRETARY NO.5, 2ND FLOOR, LOOP LANE RACE COURSE ROAD BENGALURU – 560 009. 5. THE ASSISTANT COMMISSIONER, RAMANAGARA SUB DIVISION RAMANAGARA TALUK, RAMANAGARA DISTRICT – 562 159. 6. THE TAHSILDAR RAMANAGARA TALUK RAMANAGARA DISTRICT-562 159. 7. M/S NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD., NO.1 FORD GARDENS, OPP. M G ROAD, BENGALURU-560 001, REP. BY THE MANAGING DIRECTOR. 8. NANDI ECONOMIC CORRIDOR ENTERPRISES LTD., NO.1, MIDFORD HOUSE, MIDFORD GARDENS, OFF. MG ROAD, BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY. …RESPONDENTS (BY PROF. RAVIVARMA KUMAR., SR. COUNSEL SRI. S.A. AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDHARTH BABURAO., SPL. GOVERNMENT ADVOCATES FOR R1, R5 AND R6, SRI.B.B. PATIL, ADVOCATE FOR R2 & R3, SRI.YOGESH D NAIK, ADVOCATE FOR R4 SRI.NITHIN PRASAD, ADVOCATE FOR R7 & R8) - 3 - NC: 2025:KHC:17062 WP No. 321 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DTD 21.07.1999 ISSUED BY THE R-3 UNDER SECTION 28(1) OF THE KIADB ACT, IN RESPECT OF LAND BEARING SURVEY NO.11/1, SITUATED AT BANNIKUPPE VILLAGE, KAILANCHA HOBLI, RAMANAGARA TALUK AND RAMANAGARA DISTRICT AS ABANDONED BY VIRTUE OF LAPS OF MORE THAN 20 YEARS AND CONSEQUENTLY DIRECT THE R- 5 AND R-6 TO REMOVE THE SAID PROCEEDINGS FROM THE RECORD RIGHTS OF PETITIONERS LAND I.E., SY.NO.11/1, SITUATED AT BANNIKUPPE VILLAGE, KAILANCHA HOBLI, RAMANAGARA TALUK AND RAMANAGARA DISTRICT BY ALLOWING THIS WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner is seeking to quash the impugned notification dated 21.07.1999, issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966. 2. Learned Counsel for the petitioner submits 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 - 4 - NC: 2025:KHC:17062 WP No. 321 of 2022 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 Counsel for the petitioner. 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 petitioner is also entitled for similar relief. - 5 - NC: 2025:KHC:17062 WP No. 321 of 2022 5. Consequently, the writ petition is allowed. The impugned preliminary notification dated 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 petitioner’s land is 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 I.As., if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL CT:AG