- 1 - NC: 2025:KHC:17060 WP No. 7845 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. 7845 OF 2025 (LA-KIADB) BETWEEN: S AKBAR S/O, SHAAFI AHAMED AGED ABOUT 45 YEARS, 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'S UNDER 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, 49, 4TH & 5TH FLOOR, KHANIJA BHAVAN, RACE COURCE ROAD, BENGALURU – 560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BORD (BMICP.,) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17060 WP No. 7845 of 2025 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 W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION BEARING NO. CI 196 SPQ 98 DATED 03/07/1999 ISSUED BY THE RESPONDENT NO.1 PUBLISHED IN THE GAZETTE NOTIFICATION PART-III NO. 762, VIDE ANNEXURE-A, PUBLISHED UNDER SECTION 28(1) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT., 1966 FOR FORMATION OF BENGALURU MYSURU INFRASTRUCTURE CORRIDOR PROJECT IN RESPECT OF THE PETITIONER LAND BEARING SY, NO.375/1 (NEW) (OLD SY., NO.375) MEASURING 1 ACRE 19.12.00 GUNTAS SITUATED AT KESARE VILLAGE, KASABA HOBLI, MYSURU TALUK AND DISTRICT. (SL. NO.13 IN THE PRELIMINARY NOTIFICATION) IN TERMS OF ORDERS IN WRIT PETITION NO.6877/2021 (LA- - 3 - NC: 2025:KHC:17060 WP No. 7845 of 2025 KIADB) DATED 22/04/2021, WRIT PETITION NO. 11424/2024 (LA-KIADB) DATED 23/04/2024 VIDE ANNEXURE - 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:17060 WP No. 7845 of 2025 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. Consequently, the writ petition is allowed. The impugned preliminary notification dated 03.07.1999 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. - 5 - NC: 2025:KHC:17060 WP No. 7845 of 2025 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. Sd/- (R DEVDAS) JUDGE DL CT:AG