- 1 - NC: 2025:KHC:10267 WP No. 32608 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 32608 OF 2024 (LA-KIADB) BETWEEN: 1. SRI.KRISHNEGOWDA S/O LATE RANGARAJ AGED ABOUT 61 YEARS, EW 1-120, WARD NO. 1, RJGHATTA, HASSAN-573 201. 2. SRI. MANJEGOWDA S/O LATE RANGARAJ AGED ABOUT 58 YEARS, RAJAGHATTA, HASSAN, HASSAN- 573 201. 3. SMT. JASINTH KARLO W/O VINCENT KARLO AGED ABOUT 50 YEARS, BEHIND GOVT. SCHOOL ROAD, RAJAGHATTA, NEAR RAILWAY STATION, HASSAN- 573 201. 4. SRI. L. RAMEGOWDA S/O LATE RANGARAJU AGED ABOUT 76 YEARS, RAJAGHATTA, HASSAN, HASSAN- 573 201. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10267 WP No. 32608 of 2024 5. SRI. GAVISWAMY S/O LATE RANGA RAJU AGED ABOUT 56 YEARS, MAIN ROAD, RAJAGHATTA, BEHIND RAILWAY STATION, HASSAN- 573 201. 6. SMT. LOLAKSHI W/O RAJEGOWDA AGED ABOUT 53 YEARS, 47, HOLENARSIPURA ROAD, SHARIFF COLONY, HASSAN- 573 201. 7. SRI. GOPALA KRISHNA S/O R. L. RAJU AGED ABOUT 49 YEARS, NEAR RAILWAY STATION, RAJAGHATTA, HASSAN- 573 201. 8. SRI. MOHAN KUMAR S/O R. L. RAJU AGED ABOUT 46 YEARS, NEAR RAILWAY STATION, RAJAGHATTA, HASSAN- 573 201. 9. SRI. RAVINDRA RAJA URS G S/O RANGARAJ URS AGED ABOUT 55 YEARS, 913, ADUVALLI ARALIKATTE HATHIRA, BEHIND VIDHAN SOUDHA ROAD, VTC HASSAN. - 3 - NC: 2025:KHC:10267 WP No. 32608 of 2024 10. SRI. MADHU N. S/O U. K. NANJUNDEGOWDA AGED ABOUT 42 YEARS, ULUVARE GRAMA, GORUR, HASSAN-573 120. 11. SMT. LATHA W/O LATE NINGEGOWDA AGED ABOUT 51 YEARS, EW 116, RAJGHATTA, NEAR RAILWAY STATION, HASSAN- 573 201. 12. SRI. MANJUNATH K. S/O R. L. KENGE GOWDA AGED ABOUT 50 YEARS, MIG 1, 9/B, MINI VIDHANA SOUDHA MAIN ROAD, HOUSING BOARD 2ND STAGE, HASSAN- 573 201. 13. SRI. R. L. KRISHNA S/O LATE LAKKEGOWDA AGED ABOUT 65 YEARS, NO. M 1 G2.51/A 2ND STAGE, 13TH CROSS, KUVEMPUNAGARA, HASSAN-573 201. 14. SMT. JAYALAKSHMI W/O LATE NAGARAJU J AGED ABOUT 54 YEARS, A-11/8, BEML TOWNSHIP, HINKAL, MYSORE- 570 017. 15. SMT. HEMADRI W/O NAGARAJU J AGED ABOUT 50 YEARS, - 4 - NC: 2025:KHC:10267 WP No. 32608 of 2024 WARD 1, RAJAGHATTA, HASSAN, HASSAN- 573 201. 16. SRI. NAGARAJU J S/O LATE JAVAREGOWDA 1ST WARD, KASABA HOBLI, VTC RAGHATTA, HASSAN, HASSAN- 573 201. 17. SMT. MANJAMMA W/O LATE RAMEGOWDA AGED ABOUT 79 YEARS NO. 71, NEAR RAILWAY STATION, RAJAGHATTA, AADUVALLI, HASSAN- 573 201. 18. SMT. R. BHARATHI W/O LATE CHANDRAKUMAR AGED ABOUT 44 YEARS 1ST WARD, BRAHMAVARA VATARA, RAJAGHATTA, HASSAN- 573 201. …PETITIONERS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, REP. BY ITS PRINCIPAL SECRETARY, VIKASA SOUDHA, BENGALURU- 560 001. - 5 - NC: 2025:KHC:10267 WP No. 32608 of 2024 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER NO. 49, 4TH AND 5TH FLOORS, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU- 560 001. 3. SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD KRS ROAD, NEAR VIKRANT TYRE FACTORY, MEETAGALLI, MYSURU- 570 016. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R-1; SRI. ASHOK N. NAYAK, ADVOCATE FOR R-2 & R-3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PRELIMINARY NOTIFICATION BEARING NO. CI/232/SPQ/2007 DATED 29.03.2007 ISSUED BY R-1 IN SO FAR AS PETITIONER’S LAND BEARING OLD SY.NO. 57/1 MEASURING 3 ACRE 07 GUNTAS, 57/2 MEASURING 1 ACRE 02 GUNTAS AND 57/6 MEASURING 1 ACRE 07 GUNTAS SITUATED AT AADUVALLI VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT VIDE ANNEXURE-D AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - NC: 2025:KHC:10267 WP No. 32608 of 2024 CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The grievance of the petitioners is that despite the fact that the Final Notification issued under Section 28(4) of the Karnataka Industrial Areas Development Act, 1966, does not contain the information regarding the lands in questions belonging to the petitioners, which was earlier found in the Preliminary Notification issued under Section 28(1) of the Act, the respondent authorities of the KIADB, more particularly, the Special Land Acquisition Officer, is not issuing ‘No Objection Certificates’ in favour of the petitioners. In that view of the matter, the prayer in the writ petition is to quash the Preliminary Notification dated 29.03.2007, insofar as the lands bearing old Survey Nos.57/1 measuring 3 Acres 7 Guntas, 57/2 measuring 1 Acre 2 Guntas and 57/6 measuring 1 Acre 7 Guntas, all situated at Aduvalli village, Kasaba Hobli, Hassan Taluk. 2. Learned Counsel for the respondent-KIADB however submits while taking this Court through the - 7 - NC: 2025:KHC:10267 WP No. 32608 of 2024 statement of objections that this issue was raised on the floor of the Assembly by one of the Members of the Legislative Assembly and a reply is given by the concerned Minister for Commerce and Industries that although it is true that some of the lands which were notified in the Preliminary Notification have been left out of the Final Notification, nevertheless, the concerned officers of the KIADB will be directed to conduct an inspection and give a final report as to whether the lands are required for the formation of the industrial layout. Thereafter, an inspection was conducted and it has been reported in the inspection report that since many constructions including residential houses with RCC roofing, temple, roads and UGD facility were found on the lands, they have not been notified in the Final Notification. It is also found that these lands are abutting the industrial layout already formed and there is no need for acquiring those lands, since the industrial area is already formed. 3. Having regard to the undisputed facts narrated hereinabove, this Court is a considered opinion that the - 8 - NC: 2025:KHC:10267 WP No. 32608 of 2024 petitioners are entitled for ‘No Objection Certificates’ at the hands of the 3rd respondent. The Preliminary Notification dated 29.03.2007, insofar as the petitioners lands are concerned, is required to be quashed although such a formal order is not necessary at the hand of this Court. However, since the petitioners will be put to further difficulty, this Court has thought it fit to quash the Preliminary Notification, insofar as the lands of the petitioners are concerned. 4. Consequently, the writ petition is allowed. The Preliminary Notification dated 29.03.2007, insofar as the petitioners lands are concerned, i.e., old Survey Nos.57/1 measuring 3 Acres 7 Guntas, 57/2 measuring 1 Acre 2 Guntas and 57/6 measuring 1 Acre 7 Guntas, all situated at Aduvalli village, Kasaba Hobli, Hassan Taluk, is hereby quashed and set aside. 5. Pending I.As., if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL List No.: 1 Sl No.: 38