- 1 - NC: 2025:KHC:17059 WP No. 5597 of 2025 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. 5597 OF 2025 (LA-KIADB) BETWEEN: S AKBAR S/O, SHAAFI AHAMED AGED ABOUT 45 YEARS, NO.36/30, FLAT NO. 403, 4TH FLOOR, 1ST MAIN ROAD, CHENGAIAH COMPOUND, TILAK NAGAR, SRK., GARDEN BENGALURU SOUTH, BENGALURU – 560 041. …PETITIONER (BY SRI. K R LINGARAJU, ADVOCATE) AND: 1. STATE OF KARNATAKA REP., BY IT'SUNDER SECRETARY, DEPARTMENT OF INDUSTRIES & COMMERCE, M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BORD, REP., BY IT'S CHIEF EXECUTIVE OFFICER, NO.49, 4TH AND 5TH FLOOR, KHANIJA BHAVAN, RACE COURCE ROAD, BENGALURU – 560 001. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17059 WP No. 5597 of 2025 3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BORD (BMICP.,) NO. 2083/2, 1ST CROSS, SUBASH NAGARA, MANDYA -571 401. 4. THE BENGALURU MYSURU INFRASTRUCTURE, CORRIDOR AREA PLANNING AUTHORITY, REP., BY IT'S MEMBER SECRETARY, NO. 5, 2ND FLOOR, LOOP LANE RACE COURSE ROAD, BENGALURU-560 009. 5. M/S. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LTD., REP. BY THE MANAGING DIRECTOR NO.1, FORD GARDENS, OPP. MG ROAD, BENGALURU – 560 001. …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 SRI. P.V. CHANDRASHEKAR., ADVOCATE FOR R2 & R3 SRI. YOGESH D NAIK, ADVOCATE FOR R4, SRI. S.B. MATHAPATI, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE PRELIMINARY NOTIFICATION BEARING NO.CI 196 SPQ 98 DTD 3.07.1999 ISSUED BY THE R-1 PUBLISHED IN THE GAZETTE NOTIFICATION PART-III NO.762 VIDE ANNX-A PUBLISHED UNDER SECTION 28(1) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT 1966 FOR THE FORMATION OF BENGALURU MYSURU INFRASTRUCTURE CORRIDOR PROJECT IN RESPECT OF THE PETITIONER LAND BEARING SY NO. 200/1 (NEW) (OLD SY NO. 200 MEASURING 29.08 GUNTAS SITUATED AT BELAVADI VILLAGE, KASABA HOBLI SRIRANGAPATNA TALUK MANDYA DIST (SL NO. 60 IN THE PRELIMINARY - 3 - NC: 2025:KHC:17059 WP No. 5597 of 2025 HEARING NOTIFICATION ) IN THE TERMS OF ORDERS IN WP NO. 6877/2021(LA KIADB) DTD 22.04.2021 WP NO. 11424/2024 (LA KIADB) DTD 23.04.2024 VIDE ANNX-D AND D1. 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 03.07.1999, 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 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) - 4 - NC: 2025:KHC:17059 WP No. 5597 of 2025 and learned Counsel appearing for the respondent-Nandi Infrastructure Corridor Enterprises (NICE) and Bangalore Mysuru Infrastructure Corridor Area Planning Authority (BMICAPA), do not dispute the submissions made by the learned Counsel for the petitioner. However, the learned Counsel for the respondent-NICE and BMICAPA 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. Consequently, the writ petition is allowed. The impugned preliminary notification dated 03.07.1999 issued under Section 28(1) of the Karnataka Industrial Areas - 5 - NC: 2025:KHC:17059 WP No. 5597 of 2025 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