- 1 - NC: 2025:KHC:3061 WP No. 6831 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 6831 OF 2018 (LA-KIADB) BETWEEN: 1. SRI N MALLIKARJUNAIAH S/O NANJUNDAIAH, AGDED ABOUT 45 YEARS. 2. SMT S JALAJA W/O N MALLIKARJUNAIAH, AGED ABOUT 37 YEARS BOTH ARE R/O "SUKADA NILAYA" 1ST MAIN ROAD, 3RD STAGE, KUVEMPUNAGAR, TUMAKURU-02. …PETITIONERS (BY SRI. M.R. RAJAGOPAL, SENIOR COUNSEL FOR SRI.H N BASAVARAJU.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES & COMMERCE, VIKASA SOUDHA, BENGALURU-560 001. 2. THE CHIEF EXECUTIVE OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560 001. Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:3061 WP No. 6831 of 2018 3. THE SPECIAL DEPUTY COMMISSIONER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560 001. 4. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, MARUTHI TOWERS, BY THE SIDE OF S.I.T.MAIN GATE, NATIONAL HIGHWAY-206 TUMAKURU-572101. 5. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/1, ARAVINDA BHAVAN, 1ST FLOOR,NRUPATHUNGA ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1., SRI. K. KRISHNA, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE NOTIFICATION ISSUED UNDER SECTION 28(4) OF THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966, DATED 23.07.2010 ISSUED BY THE 1ST RESPONDENT GOVERNMENT IN NO. CI 322 SPQ 2010, PUBLLISHED IN THE KARNATAKA GAZETTE DATED 26.07.2010, TO AN EXTENT OF 1 ACRE 5 GUNTAS IN SY.NO.6/1A OF BAHUJANAHALLI VILLAGE, KORA HOBLI, TUMAKURU TALUK AND DISTRICT AND DECLARE THAT THE ACQUISITION IS CONFINED ONLY TO THE EXTENT OF 2 ACRES 38 GUNTAS, AS PER ANNEUXRE-H; - 3 - NC: 2025:KHC:3061 WP No. 6831 of 2018 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners are before this Court seeking following reliefs; "a) Issue a writ in the nature of certiorari or any other writ to quash the notification issued under Section 28(4) of the Karnataka Industrial Areas Development Act, 1966, dated 23-07-2010 issued by the 1st respondent Government in No.CI 322 SPQ 2010, published in the Karnataka Gazette dated 26-07-2010, to an extent of 1 acre 5 guntas in Sy.No.6/1A of Bahujanahalli Village, Kora Hobli, Tumakuru Taluk and District and declare that the acquisition is confined only to the extent of 2 acres 38 guntas, as per Annexure-H; b) Consequently, quash the Award Notice dated 15- 02-2014 issued by the 4th respondent in No.LAQ/429/2013-14 as per Annexure-M and the General Award dated 20-12-2013 issued by the 5th respondent in No.KIADB/LAQ/2013-14 as per Annexure-N in so far as land measuring 1 acre 5 guntas in Sy.No.6/1A of Bahujanahalli village, Kora Hobli, Tumakuru Taluk and District; c) Declare that the acquisition in excess of 2 acres 38 guntas in Sy.No.6/1A of Bahujanahalli village, Kora Hobli, Tumakuru Taluk and District, is illegal and ultra vires, as per Annexure-H notification issued under Section 28(4) of the Karnataka Industrial Areas Development Act, 1966, dated 23- 07-2010 issued by the 1st respondent Government in No.CI 322 SPQ 2010, published in the Karnataka Gazette dated 26-07-2010." - 4 - NC: 2025:KHC:3061 WP No. 6831 of 2018 2. Case of the petitioners is that petitioner No.1 is the owner of 5 acres 20 guntas of land and petitioner No.2 is the owner of 4 acres 25 guntas of land forming part of Sy.No.6/1A situated at Bahujanahalli village, Kora Hobli, Tumakuru Taluk and District, which originally measured 12 acres 13 guntas. That one V.Shivarudrappa was the owner of 2 acres 38 guntas of the land. That an extent of 4 acres 18 guntas of land in the said Sy.No.6/1A was notified for acquisition vide preliminary notification dated 04.12.2009 issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 ('KIAD Act' for short). However, only name of said V.Shivarudrappa was shown in the said notification even though he was owner only to an extent of 2 acres 38 guntas and names of the petitioners were not mentioned in the said notification. Even in the final notification dated 23.07.2010 that was issued to the said extent of 4 acres 18 guntas, only name of Sri.V.Shivarudrappa was mentioned, names of the petitioners were not mentioned. Hence, the petition. 3. Sri.M.R.Rajagopal, learned Senior Counsel appearing for the counsel for the petitioners submits if the land to the extent of 4 acres 18 guntas was allowed to remain in the - 5 - NC: 2025:KHC:3061 WP No. 6831 of 2018 said notification, invariably the land belonging to the petitioners would deemed to have been included, without their names being reflected either in the Preliminary Notification or in the Final notification and without compliance to the requirement of issuance of statutory notice, without requirement of consideration of objection as contemplated under Section 28 of the KIAD Act. Therefore, he submits that the preliminary notification as well as the final notifications required to be quashed to the extent in excess of land measuring to 2 acres 38 guntas. 4. In response, Sri.K.Krishna, learned counsel for the respondent-KIADB submits that there appears to be an anomaly. In that while notifying the land in Sy.No.6/1A measuring 4 acre 18 guntas only the name of V.Shivarudrappa is shown. He fairly submits that land in excess of 2 acres 38 guntas has been notified without showing the names of the petitioners. He submits that necessary recommendations/ proposal would be sent to the Government for issuance of corrigendum in respect of a land in excess of 2 acres 38 guntas in Sy.No.6/1A by including the names of the petitioners and thereafter required compliance will be made. - 6 - NC: 2025:KHC:3061 WP No. 6831 of 2018 5. He further submits petitioners be directed to file objections to the corrigendum that would be issued and the respondent-KIADB in compliance with all the requirements will consider the case of the petitioners in accordance with law. 6. Learned Senior counsel for the petitioners at this juncture submits that if such a corrigendum was issued, respondent-KIADB and the State be directed to notify the petitioners strictly in accordance with law and to provide an opportunity of filing the objection and consideration of the same, in accordance with law be made. 7. Submissions taken on record. 8. In view of the above, following; ORDER (a) Petition is allowed. (b) Final Notification dated 23.07.2010 vide Annexure-H and the award notice dated 20.12.2013 produced at Annexure -N in respect of the land in excess of 2 acres 38 guntas in Sy.No.6/1A of Bahujanahalli - 7 - NC: 2025:KHC:3061 WP No. 6831 of 2018 village, Kora Hobli, Tumkuru Taluk and District is quashed. (c) It is made clear that the respondent-KIADB is at liberty to send proposal/ recommendation to the State-authorities within thirty (30) days from the date of receipt of certified copy of this order seeking issuance of corrigendum including the names of the petitioners in the preliminary notification and petitioners shall be notified in writing about the said corrigendum if and when issued. (d) Petitioners shall thereafter file objection and their matter be considered strictly in accordance with law. SD/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 23