- 1 - NC: 2025:KHC:3690-DB WA No. 535 of 2022 C/W WA No. 606 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS JUSTICE ANU SIVARAMAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 535 OF 2022 (GM-KIADB) C/W WRIT APPEAL NO. 606 OF 2022 (GM-KIADB) IN WA No. 535/2022: BETWEEN: 1. SMT. ALOKAM VENKAYAMMA W/O MR. ALOKARM PEDDABBAIAH AGED ABOUT 72 YEARS R/AT No.303, A BLOCK ORACLE RESIDENCY, HOYSALANAGAR ROAD HORAMAVU, BENGALURU-560 043 2. M/S. DEAMLAND AVENUES PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NSL ICON, 4TH FLOOR # 8-2-684/2/A, PLOT No.1 TO 4 OPP ICICI BANK, ROAD No.12 BANJARA HILLS, HYDERABAD-560 034 REPRESENTED BY ITS AUTHORIZED SIGNATORY …APPELLANTS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:3690-DB WA No. 535 of 2022 C/W WA No. 606 of 2022 VIKAS SOUDHA BENGALURU-560 001 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER No.49, 4TH AND 5TH FLOOR KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560 001 3. THE CHIEF ENGINEER-1 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD No.49, 4TH AND 5TH FLOOR KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560 001 4. THE EXECUTIVE ENGINEER-3 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD No.49, 4TH AND 5TH FLOOR KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560 001 …RESPONDENTS (BY SRI. DEVARAJ C.H., GOVERNMENT ADVOCATE FOR R1; SRI. B.B. PATIL, ADVOCATE FOR R2 TO R4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 14.01.2022 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. No.112/2021 (GM-KIADB) IN SO FAR AS IT RELATES TO THE PROVISION OF MAKING INGRESS AND EGRESS BY THE KIADB AT THE COST OF THE APPELLANTS THEMSELVES AND THERE BY ALLOW THE WRIT PETITION AS PRAYED FOR. - 3 - NC: 2025:KHC:3690-DB WA No. 535 of 2022 C/W WA No. 606 of 2022 IN WA NO. 606/2022: BETWEEN: 1. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD KHANIJA BHAVAN EAST WING, 5TH FLOOR RACE COURSE ROAD BENGALURU-560 001 REPRESENTED BY ITS CHEIF EXECUTIVE OFFICER 2. THE CHIEF ENGINEER-1 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD KHANIJA BHAVAN EAST WING, 5TH FLOOR RACE COURSE ROAD BENGALURU-560 001 3. THE EXECUTIVE ENGINEER-3 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD KHANIJA BHAVAN EAST WING, 5TH FLOOR RACE COURSE ROAD BENGALURU-560 001 ...APPELLANTS (BY SRI. B.B. PATIL, ADVOCATE) AND: 1. SMT. ALOKAM VENKAYAMMA W/O MR. ALOKAM PEDDABBAIAH AGED 74 YEARS R/AT No.303, A BLOCK ORACLE RESIDENCY HOYSALANAGAR ROAD HORAMAVU, BENALURU-560 043 2. M/S. DREAMLAND AVENUES PVT. LTD. A COMPANY REGISTERED UNDER - 4 - NC: 2025:KHC:3690-DB WA No. 535 of 2022 C/W WA No. 606 of 2022 THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NSL ICON, 4TH FLOOR, No.8-2-684/2/A PLOT No.12, BANJARA HILLS HYDERABAD-500 034 REP. BY ITS AUTHORIZED SIGNATORY MR. LOKESH REDDY S/O SHIVANNA S. AGED ABOUT 31 YEARS 3. THE STATE OF KARNATAKA BY ITS ADDITIONAL CHIEF SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRY VIKAS SOUDHA, BENGALURU-01. ...RESPONDENTS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE FOR C/R2 & R1; SRI. DEVARAJ C.H., GOVERNMENT ADVOCATE FOR R3) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 14TH JANUARY 2022 PASSED BY LEARNED SINGLE JUDGE IN WRIT PETITION No.112/2021 DISPOSING THE PETITION/S OF RESPONDENTS AND THEREBY DIRECTING THE APPELLANTS HEREIN TO ADDRESS THE GRIEVANCES OF THE PETITIONER FOR SPECIFICALLY KEEPING IN VIEW THE SUGGESTION OF COORDINATE BENCH MADE IN ITS ORDER DATED 23.07.2021 IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 5 - NC: 2025:KHC:3690-DB WA No. 535 of 2022 C/W WA No. 606 of 2022 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) These appeals are preferred against the judgment of the learned Single Judge in WP No.112/2021. The learned Single Judge had found that the writ petitioners are entitled to reasonable ingress and egress to their property and since the property was rendered land locked due to the acquisition by the KIADB, the request made by the writ petitioners for proper resolution to their grievance of lack of ingress and egress to their property requires a re- consideration at the hands of the KIADB. The KIADB as well as the writ petitioners have come up in appeal against the said directions. An IA has been filed in WA No.535/2022 by the writ petitioners stating that an additional layout has been found by the KIADB by virtue of which two public roads are formed as part of the additional layout which would give access to the additional layout which would give access to the writ petitioners property as well. - 6 - NC: 2025:KHC:3690-DB WA No. 535 of 2022 C/W WA No. 606 of 2022 2. It is therefore contended by the learned counsel for the appellants that in case, it is clarified that the appellants can use the said roads which are formed as part of the additional layout and which are public roads, for access to their property as well, the entire issue can be resolved. 3. We have heard the learned counsel appearing for the KIADB also. 4. In view of the fact that an additional layout has been formed and since it appears from the materials which are placed on record by the writ petitioners that there are public roads formed as part of the said additional layout, which would give access to the property of the writ petitioners as well, we are of the opinion that both the appeals can be disposed of by clarifying that the writ petitioners will be permitted to use the public roads which are formed as part of the additional layout for access to their properties as well. - 7 - NC: 2025:KHC:3690-DB WA No. 535 of 2022 C/W WA No. 606 of 2022 5. The writ appeals therefore stands disposed of recording that an additional layout has been formed and that public roads have been formed as part of the said additional layout which can be used by the writ petitioners for access to their property. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RAK List No.: 1 Sl No.: 18