- 1 - NC: 2025:KHC:17665 WP No. 15416 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 15416 OF 2023 (LA-KIADB) BETWEEN: M D SHIVANNA S/O. DODDAVEERAPPA, AGED 81 YEARS, R/AT NO. 1550/A, 7TH MAIN, 4TH CROSS, RPC LAYOUT, HAMPINAGAR, VIJAYANAGAR, BANGALORE - 560040 …PETITIONER (BY SRI. SHARAN N MAJAGE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, BANGALORE-560 001 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD EAST WIG, KHANIJA BHAVANA, RACE COURSE ROAD, BANGALORE-560001 REP BY CEO AND EM. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17665 WP No. 15416 of 2023 3. THE SPECIAL LAND ACQUISITION OFFICER, (BMICP) KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, MAHARSHI ARVIND BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BANGALORE-560 001. 4. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES NO.1, MIDFORD HOUSE, MIDFORD GARDENS, OFF M.G.ROAD, BANGALORE 560 001. REPRESENTED BY ITS MANAGING DIRECTOR …RESPONDENTS (BY PROF. RAVIVARMA KUMAR, SR. COUNSEL., SRI. S.A. AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABURAO., SPL. GOVERNMENT ADVOCATES FOR R1 SRI. H.L. PRADEEP KUMAR., ADVOCATE FOR R2 & R3 SRI. R.V.S. NAIK., SR. COUNSEL FOR SRI. NITIN PRASAD., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARING THAT THE ACQUISITION PROCEEDINGS DECLARING THE NOTIFICATION DATED 19/12/1998, VIDE NOTIFICATION NO. CI 196 SPQ 98 ISSUED UNDER SECTION 28(1) OF THE KIAD ACT, 1966 BY THE R1 VIDE ANNEXURE-D IN RESPECT OF LANDS MEASURING 1 ACRE 21 GUNTAS IN SY NO 89 AND 1 ACRE 01 GUNTA IN SY NO. 108 OF TALAGUPPE VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT, AS LAPSED, ABANDONED, NON-EST AND NULL AND VOID SO FAR AS THE PETITIONER LANDS ARE CONCERNED AND ETC. - 3 - NC: 2025:KHC:17665 WP No. 15416 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 19.12.1998 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) - 4 - NC: 2025:KHC:17665 WP No. 15416 of 2023 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. Consequently, the writ petition is allowed. The impugned preliminary notification dated 19.12.1998 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:17665 WP No. 15416 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 KLY CT: JL