- 1 - NC: 2025:KHC:17064 WP No. 12565 of 2023 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. 12565 OF 2023 (LA-KIADB) BETWEEN: SMT. LAKSHMI KEDAR W/O C.S. KEDAR, AGED ABOUT 66 YEARS, RESIDING AT, SF-704,T12, L AND T RAINTREE BOULEVARD, BYATRANAPURA, BENGALURU-560 092. …PETITIONER (BY SRI. BADRI VISHAL AND SRI. SRINIVASA RAO.,ADVOCATES) AND: 1. STATE OF KARNATAKA INDUSTRIES AND COMMERCE DEVELOPMENT, M.S.BUILDING, BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.49, 4TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001 REPRESENTED BY THE CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER. 3. THE SPECIAL LAND ACQUSITION OFFICER-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, IST FLOOR, MARASHI ARAVIND BHAVAN, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17064 WP No. 12565 of 2023 NRUPATHUNGA ROAD, BENGALURU-560 001. 4. BENGALURU MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY (BMICPA) NO.5, 2ND FLOOR, LOOPLANE,RACE COURSE ROAD, BENGALURU-560 001 REPRESENTED BY MEMBER SECRETARY. 5. M/S NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD., NO.1 FORD GARDENS, OPP. M G ROAD, BENGALURU-560 001, REP. BY THE MANAGING DIRECTOR 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.S SUDHINDRA, ADVOCATE FOR R2 & R3, SRI.YOGESH D NAIK, ADVOCATE FOR R4, SRI. NITHIN PRASAD, ADVOCATE FOR R5 & 6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT BEARING NO BMICPA/LAQ(2) CR/223/2022-23 DATED 01/02/2023 ISSUED BY THE R3 LIMITED TO SY NO 261 (OLD SY. 148) MEASURING 1 ACRE 21 GUNTAS BEING THE SCHEDULE PROPERTY AT ANNEXURE A.QUASH THE PRELIMINARY NOTIFICATION BEARING NO CI 196 SPQ 98 DATED 21/07/1999 ISSUED UNDER SECTION 28(1) OF THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT ACT, 1966 BY THE R1 IN SO FAR AS THE SCHEDULE PROPERTY IS CONCERNED AT ANNEXURE B AND ETC. - 3 - NC: 2025:KHC:17064 WP No. 12565 of 2023 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 21.07.1999, 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) and learned Counsel appearing for the respondent-Nandi - 4 - NC: 2025:KHC:17064 WP No. 12565 of 2023 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 21.07.1999 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:17064 WP No. 12565 of 2023 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