- 1 - NC: 2025:KHC:16844 WP No. 8830 of 2025 C/W WP No. 8866 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. 8830 OF 2025 (LA-KIADB) C/W WRIT PETITION NO. 8866 OF 2025 (LA-KIADB) IN WP No. 8830/2025: BETWEEN: 1. SRI. KRISHNAPPA, S/O LATE MUNISHAMAPPA @ DODDA MUNIPAPAIAH, AGED ABOUT 74 YEARS, 2. SRI. BASAVARAJU, S/O. KRISHNAPPA, AGED ABOUT 43 YEARS 3. SMT. PREMA V., W/O. BASAVARAJU, AGED ABOUT 43 YEARS 4. SRI. MUNIRAJU, S/O. KRISHNAPPA, AGED ABOUT 41 YEARS 5. SMT. ARCHANA KUMARI K., W/O.MUNIRAJU, AGED ABOUT 40 YEARS, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16844 WP No. 8830 of 2025 C/W WP No. 8866 of 2025 6. SRI. VENKATESH, S/O. KRISHNAPPA, AGED ABOUT 39 YEARS, 7. SMT. SHOBHA P., W/O VENKATESH, AGED ABOUT 34 YEARS, 8. SRI K.MUNIYAPPA, S/O. KRISHNAPPA, AGED ABOUT 37 YEARS, 9. SMT. SOWMYA K., W/O MUNIYAPPA, AGED ABOUT 29 YEARS, 10. SRI. MUNI NAGA, S/O. KRISHNAPPA, AGED ABOUT 38 YEARS, 11. SMT. SARITHA T., C/O. MUNI NAGA, AGED ABOUT 37 YEARS, 12. SMT. NAGAVENI W/O NARAYANASWAMY, AGED ABOUT 32 YEARS, ALL ARE RESIDING AT JANATHA COLONY, AMRUTHAHALLI, SAHAKARANAGAR, P O, BENGALURU-560 092. …PETITIONERS (BY SRI. SRIHARI A. V., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, - 3 - NC: 2025:KHC:16844 WP No. 8830 of 2025 C/W WP No. 8866 of 2025 BENGALURU-560 001. REPRESENTED BY ITS SECRETARY 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 3. SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.39, SHANTHI GRUHA, BHARATH SCOUTS AND GUIDES BUILDING, 4TH FLOOR, PALACE ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. SESHU V., HCGP FOR R1; SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PRELIMINARY NOTIFICATION BEARING NO.CI/422/SPQ/2005, BANGALORE, DATED 03.11.2006 VIDE ANNEXURE-A AND FINAL NOTIFICATION BEARING NO.CI/212/SPQ/2007, BANGALORE, DATED 07.05.2007 VIDE ANNEXURE-B ISSUED BY THE FIRST RESPONDENT IN RESPECT OF THE PETITIONERS LAND BEARING SY. NO.74/313 MEASURING 2 ACRES SITUATED AT BANDIKODIGEHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK AS ABANDONED, LAPSED AND NON-EST. - 4 - NC: 2025:KHC:16844 WP No. 8830 of 2025 C/W WP No. 8866 of 2025 IN WP NO. 8866/2025: BETWEEN: 1. SHRI. NAGARAJU S/O. LATE BADIGAPPA URF MUNIYAPPA , AGED ABOUT 54 YEARS, 2. SHRI. MUNIRAJU M., S/O. LATE BADIGAPPA URF MUNIYAPPA, AGED ABOUT 53 YEARS, 3. SMT. R. JAYALAKSHMI W/O. LATE RAMACHANDRA, AGED ABOUT 47 YEARS 4. SHRI. R.BHARATH S/O. LATE RAMACHANDRA, AGED ABOUT 30 YEARS 5. SMT. SUSHMITHA R., D/O. LATE RAMACHANDRA, AGED ABOUT 28 YEARS 6. SHRI. PRAKASH B.M., S/O. LATE BADIGAPPA URF MUNIYAPPA, AGED ABOUT 49 YEARS ALL ARE RESIDING AT BANDIKODIGEHALLI POST, BENGALURU NORTH, BENGALURU-562 149. ...PETITIONERS (BY SRI. SRIHARI A. V., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BENGALURU-560 001. REPRESENTED BY ITS SECRETARY. - 5 - NC: 2025:KHC:16844 WP No. 8830 of 2025 C/W WP No. 8866 of 2025 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD EAST WING, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 3. THE SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.39, SHANTHI GRUHA, BHARATH SCOUTS AND GUIDES, BUILDING 4TH FLOOR, PALACE ROAD, BENGALURU-560 001. ...RESPONDENTS (BY SRI. SESHU V., HCGP FOR R1; SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PRELIMINARY NOTIFICATION BEARING NO.CI/422/SPQ/2005, BANGALORE, DATED 03.11.2006 VIDE ANNEXURE-A AND FINAL NOTIFICATION BEARING NO.CI/212/SPQ/2007, BANGALORE, DATED 07.05.2007 VIDE ANNEXURE-B ISSUED BY THE FIRST RESPONDENT IN RESPECT OF THE PETITIONERS LAND BEARING SY.NO.74/315 MEASURING 2 ACRES SITUATED AT BANDIKODIGEHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK AS ABANDONED, LAPSED AND NON-EST. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS - 6 - NC: 2025:KHC:16844 WP No. 8830 of 2025 C/W WP No. 8866 of 2025 ORAL ORDER In both these writ petitions, the relief sought for by the petitioners are common and therefore, these two writ petitions are clubbed, heard and are being disposed of by this common order. 2. It is the contention of the petitioners in both the writ petitions that 2 acres of land each in Sy.No.74/313 and 74/315 (Block 2 and 3) situated at Bandikodigehalli Village, Jala Hobli, Bengaluru North Taluk belonging to the petitioners were notified for acquisition vide preliminary notification dated 03.11.2006 and final notification dated 07.05.2007. However, it is the contention of the petitioners that no award was passed in respect of the lands in question. It is also contended that under similar circumstances where the lands were notified in the preliminary and final notification but award were not passed, such landowners approached this Court in many writ petitions including WP No.10583/2016 and this Court by order dated 01.04.2021 held that the respondents have not taken any steps to pass the award nor have they - 7 - NC: 2025:KHC:16844 WP No. 8830 of 2025 C/W WP No. 8866 of 2025 taken possession of the properties in question. Accordingly, the writ petitions were allowed and the impugned acquisition notifications dated 03.11.2006 and 07.05.2007 were quashed insofar as those lands are concerned. The respondent-KIADB preferred an intra- court appeals in WA.No.1268/2021 where the appeal was dismissed. A Review Petition was filed and the same was dismissed by order dated 28.11.2022. Thereafter the KIADB took up the matter before the Apex Court in SLP (civil) daily No.5692/2023 and the SLP was dismissed on 04.07.2023. Learned counsel for the petitioners would therefore submit that similar orders are required to be passed in respect of the lands in question. 3. The learned counsel for the respondent-KIADB has today filed statement of objections in both the petitions. Learned counsel has drawn the attention of this Court to Annexure-R4 filed along with the statement of objections and points out from the sketch that there are two portions of properties in the sketch delineating some - 8 - NC: 2025:KHC:16844 WP No. 8830 of 2025 C/W WP No. 8866 of 2025 of the properties by a road which is shown in yellow color. It is submitted to the right of the road is the industrial area formed by the KIADB and towards the left of the road are many properties including the lands in question which are shown as Block 2 and 3 and admittedly, the lands have not been developed nor are they part of the industrial area. In fact, attention of this Court is drawn to Annexure-H in the writ petition where an endorsement dated 07.06.2021 was issued by the respondent-SLAO to the petitioners clearly stating that after inspection and the JMC report, it is clear that the properties falling on the left side of the road have not been utilised for formation of the industrial area and it is also admitted that award has not been passed in respect of the properties in question. 5. However, learned counsel for the KIADB has pointed from Annexure-R6 filed along with the statement of objections that a fresh notification under Section 28(1) of the KIADB Act has been issued by the respondent-State on 05.02.2025 notifying certain other lands which fall to - 9 - NC: 2025:KHC:16844 WP No. 8830 of 2025 C/W WP No. 8866 of 2025 the left side of the road and submits that some of the lands which were not part of the industrial area in terms of the sketch are now sought to be re-notified for acquisition. However, the lands in question do not find reference in the notification dated 05.02.2025. Learned counsel submitted that the fresh notifications have been issued, since although the awards were not passed in respect of several lands, which were admittedly outside the acquired area, nevertheless, compensation had been paid to such of the land owners and therefore, the State Government has thought it fit to re-notify the lands for acquisition. 6. If that is the admitted position, then there is no impediment for this Court to proceed to quash the preliminary notification dated 03.11.2006 and final notification dated 07.05.2007 insofar as the lands in question, i.e., Sy.Nos.74/313 and 74/315 two acres each. Consequently, the writ petitions are allowed. The preliminary notification dated 03.11.2006 and final - 10 - NC: 2025:KHC:16844 WP No. 8830 of 2025 C/W WP No. 8866 of 2025 notification dated 07.05.2007 are hereby quashed insofar as the lands in question are concerned. Ordered accordingly. Sd/- (R DEVDAS) JUDGE DS CT:TSM List No.: 1 Sl No.: 22