- 1 - NC: 2025:KHC:17649 WP No. 28340 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. 28340 OF 2023 (LA-KIADB) BETWEEN: SMT MUNMUN GHOSH W/O SUBRATA GHOSH AGED ABOUT 50 YEARS, R/O A-22, PATTERNS GOOD EARTH MLHAR KUMBALGODU, KAMBIPURA BENGALURU 560074 …PETITIONER (BY SRI. OMKARESHA., ADVOCATE) AND: 1. 2. STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGLAURU 560001 REP BY ITS CHIEF EXECUTIVE OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.49, 4TH FLOOR, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560001 REP. BY ITS CHIEF EXECUTIVE OFFICER. 3. SPECIAL LAND ACQUISITION OFFICER -2 KIADB (BMICP) NO. 14/3, 1st FLOOR, MAHARSHI ARAVINDHA BHAVAN NRUPATHUNGA ROAD, BENGLAURU 560001 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17649 WP No. 28340 of 2023 4. M/S NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD., NO.1 FORD GARDENS, OPP. M G ROAD, BENGALURU-560 001, REP. BY THE MANAGING DIRECTOR. 5. 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. SIDDHARTH BABURAO., SPL. GOVERNMENT ADVOCATES FOR R1 SRI. H.L.PRADEEP KUMAR., ADVOCATE FOR R2 & R3 SRI. R.V.S. NAIK, SENIOR COUNSEL FOR SRI. NITIN PRASAD,ADVOCATE FOR R4 & R5) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS QUASHING THE PRELIMINARY NOTIFICATION DTD 19.12.1998 BEARING NO. CI 196 SPQ 98 ISSUED BY THE R-2 HEREIN U/S 28(1) OF KIAD ACT AT ANNX-D TO THE WP IN SO FAR PERTAINS TO THE PETITION SCHEDULE PROPERTY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS - 3 - NC: 2025:KHC:17649 WP No. 28340 of 2023 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) 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 - 4 - NC: 2025:KHC:17649 WP No. 28340 of 2023 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. 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 - 5 - NC: 2025:KHC:17649 WP No. 28340 of 2023 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