- 1 - NC: 2025:KHC:17066 WP No. 22435 of 2021 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. 22435 OF 2021 (LA-KIADB) BETWEEN: SMT. PUTTAMMA W/O. LATE SRI PUTTAYYA AGED ABOUT 81 YEARS (SENIOR CITIZEN BENEFIT NOT CLAIMED) AVARAGERE GRAMA, BIDADI HOBLI, RAMANAGARA TALUK – 562 109 REPRESENTED BY HER GPA HOLDER MR. RAAVI SRINIVASALU. …PETITIONER (BY SRI. PARASHURAM A L.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE VIKAS SOUDHA, BENGALURU - 560 001 REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY. 2. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT M S BUILDING, BENGALURU - 560 001. REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY. 3. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD E WING, KHANIJA BHAVAN RACE COURSE ROAD Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17066 WP No. 22435 of 2021 BENGALURU - 560 001, REPRESENTED BY ITS CHAIRMAN. 4. THE SPECIAL LAND ACQUISITION OFFICER – 2 KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (BMICP), NO.14/3 ARVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU - 560 001. 5. M/S NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LTD., NO.1 FORD GARDENS, OPP M.G. ROAD, BENGALURU - 560 001 REP. BY THE MANAGING DIRECTOR (REGISTERED UNDER COMPANIES ACT) 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 & R2, SRI. B.B. PATIL, ADVOCATE FOR R3 & R4; SRI . NITHIN PRASAD, ADVOCATE FOR R5 & R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH NOTIFICATION DATED 21.07.1999 ISSUED BY R4 U/S 28(1) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT ACT, 1966 ANNEXURE-A AS LAPSED, ABANDONED, NON-EST AND NULL AND VOID IN RESPECT OF THE PETITIONERS LAND - SURVEY NO.56/3 MEASURING 3 ACRES 33 GUNTAS IN AVAREGERE GRAMA, RAMANAGARA TALUK, BIDADI HOBLI. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17066 WP No. 22435 of 2021 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 Infrastructure Corridor Enterprises (NICE), do not dispute - 4 - NC: 2025:KHC:17066 WP No. 22435 of 2021 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. 6. This order shall not come in the way of acquiring the subject property by issuing notification afresh, in - 5 - NC: 2025:KHC:17066 WP No. 22435 of 2021 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