- 1 - NC: 2025:KHC:10481 WP No. 16887 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 16887 OF 2017 (LA-KIADB) BETWEEN: SHIVARUDRAIAH S/O LATE BASAPPA AGED ABOUT 80 YEARS R/O NIDUVANDA VILLAGE SOMPURA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT. …PETITIONER (BY SRI. S.S. HAVERI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE VIKASA SOUDHA, DR. AMBEDKAR VEEDHI BANGALORE-01. BY ITS SECRETARY 2. SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD KHANIJA BHAVANA RACE COURSE ROAD BANGALORE-01. 3. THE SPEICAL DEPUTY COMMISSIONER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10481 WP No. 16887 of 2017 KHANIJA BHAVANA RACE COURSE ROAD BANGALORE-01. …RESPONDENTS (BY SRI. SPOORTHY HEGDE .N, HCGP FOR R1; SRI. B.B. PATIL, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS, QUASH THE IMPUGNED PRELIMINARY NOTIFICATION DATED 02.08.2006 ISSUED BY THE R-1 UNDER SECTION 3(1) AND 28(1) OF THE ACT AS PER ANNEXURE-C AND FINAL NOTIFICATION ISSUED BY THE R-1 BEARING NOTIFICATION DATED 17.02.2007 AS PER ANNEXURE-D BY ISSUING THE WRIT OF CERTIORARI SO FAR IT RELATES TO THE LAND OF THE PETITIONER AND ETC. THIS WRIT 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 aggrieved of the fact that the benefit given to the petitioner’s land in Sy.No.133/2, situated at Niduvanda village, Sompura Hobli, Nelamangala Taluk, is not extended to his other land viz., Sy.No.133/3 measuring 32 Guntas. It is submitted that the two lands were notified for acquisition under a preliminary notification dated 02.08.2006 issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966, - 3 - NC: 2025:KHC:10481 WP No. 16887 of 2017 (for short, ‘the Act’). However, on consideration of the objections raised by the petitioner, the land in Sy.No.133/2 was dropped from acquisition proceedings and the same was not notified in the final notification issued under Section 28(4) of the Act, on the ground that the land is within 100 meters from the village limits and land is garden land. However, the same benefit is not extended to the land in Sy.No.133/3. 2. During the course of these proceedings certain other developments have taken place and on the previous date of hearing the learned counsel for the petitioner submitted that a Division Bench of this Court in W.P.No.6819 of 2017, by order dated 28.09.2022 held that if no action was taken by the respondent-KIADB to conclude the proceedings of land acquisition and no explanation was offered for the delay of 7 years in concluding the proceedings, the same would be fatal for the acquisition proceedings. It was declared that the passing of the award after 7 years after the issuance of - 4 - NC: 2025:KHC:10481 WP No. 16887 of 2017 the final notification would be fatal to the acquisition proceedings and accordingly the writ appeal filed at the hands of the respondent-KIADB was dismissed, while upholding the orders passed by this Court. Learned Counsel would therefore submit that in the present case no award has been passed till date although the final notification was issued on 17.02.2007. 3. Learned Counsel for the respondent-KIADB submits on instructions and pointing out to the original records that the award has not been passed in respect of the lands in question. 4. In that view of the matter, the writ petition succeeds. The writ petition is accordingly allowed. The preliminary notification bearing No. CI. 191 SPQ 2006, Bengaluru, dated 02.08.2006, and the final notification bearing No. CI 79 SPQ 2007, Bengaluru, dated 17.02.2007, are quashed and set aside, insofar as the land in Sy.No.133/3 measuring 32 Guntas of the petitioner, is concerned. - 5 - NC: 2025:KHC:10481 WP No. 16887 of 2017 Ordered accordingly. 5. Pending I.As., if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL List No.: 1 Sl No.: 39