Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1284 WP No. 32658 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 32658 OF 2024 (LA-KIADB) BETWEEN:
1. SMT PREMA A R W/O LATE A M RAMARAJU AGED ABOUT 61 YEARS RESIDING AT NO.536 10TH MAIN ROAD JAYANAGARA 5TH BLOCK BENGALURU 560 041. 2. GAYATHRI A R D/O LATE A M RAMARAJU AGED ABOUT 40 YEARS RESIDING AT NO.536 10TH MAIN ROAD JAYANAGARA 5TH BLOCK BENGALURU 560 041. 3. SHRUTHI A R D/O. LATE A M RAMARAJU AGED ABOUT 34 YEARS RESIDING AT NO.536 10TH MAIN ROAD JAYANAGARA 5TH BLOCK BENGALURU 560 041. 4. PRADEEP KUMAR B R S/O. SRI. RUDREGOWDA AGED ABOUT 43 YEARS RESIDING AT NO.31234 23RD FLOOR, BUILDING NO. 3 Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:1284 WP No. 32658 of 2024 TOWER-1, PRESTIGE FALCON CITY APARTMENT KANAKAPURA MAIN ROAD KONANAKUNTE CROSS BENGALURU 560 062. 5. A CHENNA REDDY S/O. SRI. GURUVI REDDY RESIDING AT NO.143, PHASE 2 CLASSIC ORCHARDS MEENAKSHI TEMPLE BANNERGHATTA ROAD BENGALURU SOUTH BENGALURU 560 076. 6. S GOPINATH S/O. SUBBARAJU AGED ABOUT 60 YEARS RESIDING AT NO.661 6TH MAIN ROAD RBI LAUYOUT, J P NAGAR, 7TH PHASE BENGALRUU 560 078. …PETITIONERS (BY SRI. PRASHANTH K S, ADVOCATE FOR SRI. RADHANANDAN B S., ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AMBEDKAR VEEDHI VIDHANA SOUDHA BANGALORE 560 001. REP BY ITS SECRETARY
2. THE SPECIAA LAND ACQUISITION OFFICER 2 METRO KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD 1ST LFOOR, MAHARSHI ARAVIND BHAVAN
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NC: 2025:KHC:1284 WP No. 32658 of 2024 NRUPATUNGA ROAD BENGALURU 560 010. 3. BENGALURU METRO RAIL CORPORATION LTD 3RD FLOOR, BMTC COMPLEX, K H ROAD SHANTHINAGAR BENGALURU 560 027. REP. BY ITS MANAGING DIRECTOR
4. SRI. BALAJI K S/O. LATE K KRISHNAM RAJU & MRS. LAKSHMAMMA AGED ABOUT 46 YEARS RESIDING AT NO.41 4TH TEMPLE ROAD 13TH CROSS, MALLESHWARAM BENGALURU 560 003. 5. SMT. RASHMI R S W/O. LATE K SRINIVASAMURTHY AGED ABOUT 36 YEARS RESIDING AT NO.41 4TH TEMPLE ROAD 13TH CROSS MALLESHWARAM BENGALURU 560003. 6. SRI. RAKSHITH S/O. LATE K SRINIVASAMURTHY AGED ABOUT 18 YEARS RESIDING AT NO.41 4TH TEMPLE ROAD 13TH CROSS MALLESHWARAM BENGALURU 560 003. 7. SRI.
M V RAMASWAMY RAJU S/O. VENKATARAMARAJU AGED ABOUT 62 YEARS RESIDING AT NO.401 AKSHAYA PRIDE APARTMENT KOTHANUR DINNE,
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NC: 2025:KHC:1284 WP No. 32658 of 2024 J P NAGAR 7TH PHASE BANGALORE 560 078. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1 SRI. B. B. PATIL, ADVOCATE FOR R2 SRI. N. N. HARISH, ADVOCATE FOR R3 SRI. R. PURUSHOTAM, ADVOCATE FOR R4 TO R6)
THIS WRIT PETITION IS FILED under articles 226 and 227 of the constitution of India PRAYING TO DIRECT R-1 TO ISSUE MODIFIED/CORRIGENDUM NOTIFICATION TO THE FINAL NOTIFICATION DTD 22.02.2018 VIDE NO. CI108 SPQ 2015 ISSUED BY R-2 AT ANNX-D BY SHOWING THE NAME OF THE PETITIONERS AS OWNERS/PERSONS ENTITLED TO WITH RESPECT TO DP-1 (SY.NO.87) KOTHANUR VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALK, MEASURING 2280 SQUARE METERES AS PER THE DRAFT MODIFICIATION / CORRIGENDUM NOTIFICATION DTD. 25.08.2022 VIDE NO. BMRCL/LAC/PHASE-2/REACH-6/2022-23/7677 AT ANNX-K ISSUED BY THE R-3 AND AS PER THE DRAFT MODIFICATION / CORRIGENDUM NOTIFICATION DTD. 01.02.2024 VIDE NO.KIADB/METRO/LAQ/AMENDMENT/ 283/2021/22 AT ANNX-L ISSUED BY R-2 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER This petition is filed seeking the following reliefs:-
"(a) Issue a writ in the nature of mandamus or any other writ or order or direction by directing the respondent No.1 to issue Modified/Corrigendum
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NC: 2025:KHC:1284 WP No. 32658 of 2024 Notification to the Final Notification dated 22.02.2018 vide no.CI108 SPQ 2015 issued by Respondent No.2 at Annexure-D by showing the name of the petitioners as owners/persons entitled with respect to DP-1 (Sy.No.87) Kothanur Village, Uttarahalli Hobli, Bangalore South Taluk, Measuring 2280 square meters as per the Draft modification / Corrigendum Notification dated 25.08.2022 vide no.BMRCL/LAC/Phase-2/Reach-6/2022-23/7677 at Annexure-K issued by the respondent No.3 and as per the Draft modification/Corrigendum Notification dated 01.02.2024 vide No.KIADB/METRO/LAQ/ AMENDMENT/283/2021-22 at Annexure-K issued by the respondent No.3 and as per the Draft modification/Corrigendum Notification dated 01.02.2024 vide KIADB/METRO/LAQ/AMENDED/ 283/2021/22 and Annexure-L issued by the respondent No.2 (b) Consequently direct the respondent No.1 to pay the compensation as per the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act 2013 to the Petitioners as owners/persons entitled to, with respect to DP-1 (Sy.No.87) Kothanur Village, Uttarahalli Hobli, Bangalore South Taluk, measuring 2280 square meters in the interest of justice. (c) Pass any other order/s as deemed fit in the circumstances of the case by this Hon'ble Court in the interest of justice."
2. The case of petitioners is that they are also owners of the land bearing Survey No.87/3, measuring 2 acres 20 guntas situated at Kothanur Village, Uttarahalli Hobli, Bangalore South Taluk, which was acquired by the
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NC: 2025:KHC:1284 WP No. 32658 of 2024 respondent Karnataka Industrial Areas Develolpment Board (KIADB) in terms of Preliminary Notification dated 22.09.2015 and the Final Notification was issued on
22.02.2018. However, the names of petitioners have not been included in the said Final Notification and hence, this petition.
3.
Learned counsel appearing for respondent authority submits that the proceedings under Sections 30 and 31 of the Karnataka Industrial Areas Development Act, 1966 ['KIAD Act' for short] are pending consideration before the competent Court. The parties, including the petitioners herein have led in their evidence in justification of their claim over the property and seeking compensation.
4. That the said matter is set down for final
arguments of petitioners herein. Therefore, learned counsel for the respondent KIADB submits that, in the event of petitioners succeeding in the said matter establishing their claim, their requisition for including their
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NC: 2025:KHC:1284 WP No. 32658 of 2024 names in the Final Notification would be considered and they would be entitled for compensation.
5. Aforesaid submission of learned counsel of respondent - KIADB is not disputed by the petitioner.
6. In that view of the matter, at this juncture, no indulgence is required to be shown in this writ petition since the proceedings under Sections 30 and 31 of the KIAD Act are admittedly pending consideration.
7. Keeping open all the questions and reserving liberty to the petitioners to seek such remedy as may be available after disposal of proceedings under Sections 30 and 31 of the KIAD Act, the petition is disposed of. Sd/- (M.G.S. KAMAL) JUDGE VGR