- 1 - NC: 2025:KHC:17092 WP No. 11043 of 2022 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. 11043 OF 2022 (LA-KIADB) BETWEEN: SMT. K. S. NAGARATHNA AGED ABOUT 52 YEARS, W/O SRI. SHIVANNA R/AT, NO.285, 11TH CROSS, NEAR TOTAL GAS BUNK, TELECOM LAYOUT, K P AGRAHARA, MAGADI ROAD, BANGALURU-560 023. …PETITIONER (BY SRI. SIDDARAJU M G., & SRI. VISHRUTH C.,ADVOCATES) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES & COMMERCE (INDUSTRIAL DEVELOPMENT) M.S. BUILDING, DR. AMBEDKAR VEEDI, BANGALORE-560 001. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB) REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, NO.49, 4TH & 5TH CROSS, KANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17092 WP No. 11043 of 2022 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, (B.M.I.C.P), NO. 2083/2, 1ST CROSS, SUBHASH NAGAR, MANDYA-571 401. 4. BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY (BMICAPA) REPRESENTED BY ITS MEMBER SECRETARY, NO.5, 2ND FLOOR, LOOP LANE, RACE COURSE ROAD, BANGALORE-560 001. 5. NANDI ECONOMIC CORRIDOR ENTERPRISES LTD., NO.1, MIDFORD HOUSE, MIDFORD GARDENS, OFF. MG ROAD, BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY. 6. NANDI ECONOMIC CORRIDOR ENTERPRISES LTD., NO.1, MIDFORD HOUSE, MIDFORD GARDENS, OFF. MG ROAD, BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY. …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. B.B.PATIL, ADVOCATE FOR R2 & R3 SRI. YOGESH D NAIK, ADVOCATE FOR R4, SRI.NITHIN PRASAD, ADVOCATE FOR R5 & R6) - 3 - NC: 2025:KHC:17092 WP No. 11043 of 2022 THIS W.P. IS FILED UNDER ARTICLES 226 ANDE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION ISSUED BY THE R-1 PUBLISHED IN THE SPECIAL GAZETTE NOTIFICATION DTD.03.07.1999 MADE IN REF NO.C1-196 SPQ 98 AT NO.762 OF PART-III UNDER SECTION 28(1) OF THE KIADB ACT INSOFAR AS THE ACQUISITION OF THE PETITIONERS LAND INS Y NO.221/1 NEW SY NO.221/4 AND SY NO.222/4 MEASURING 31 GUNTAS AND 1 ACRE 20 GUNTAS RESPECTIVELY SITUATED AT RAMMANAHALI VILALGE, KASABA HOBLI, MYSURU TALUK AT SL NO.17(2) AND SL NO.18(1) OF THE SAID NOTIFICATION ANNEXED AS ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 - 4 - NC: 2025:KHC:17092 WP No. 11043 of 2022 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) 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 - NC: 2025:KHC:17092 WP No. 11043 of 2022 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. 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