- 1 - HC-KAR NC: 2025:KHC:49716-DB WA No. 30 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 30 OF 2025 (LA-KIADB) BETWEEN: 1. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 49, 4TH AND 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU – 560 001. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 2. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, (BMICP), 1ST FLOOR, MARASHI ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001. …APPELLANTS (BY SRI. B.B.PATIL., ADVOCATE) AND: 1. HANSA VASISTHA W/O. RAJ VASISHTHA, R/AT NO. 525, 22ND CROSS, 13TH-A-MAIN, BANASHANKARI 2ND STAGE, BENGALURU-560 070. REPRESENTED BY HER SPECIAL POWER OF ATTORNEY HOLDER. KRIPESH S/O. RAJENDRA.B, - 2 - HC-KAR NC: 2025:KHC:49716-DB WA No. 30 of 2025 2. THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001. …RESPONDENTS (BY SRI. B.RAMESH., ADVOCATE FOR C/R1; SRI. MOHAMMAD JAFFAR SHAH., AGA FOR R2) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 24.04.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No- 49439/2019 ALLOWING THE WP OF RESPONDENT No-1 QUASHING THE PRELIMINARY NOTIFICATION DATED 19.12.1998 AND THE FINAL NOTIFICATION DATED 21.03.2009 ON THE GROUND THAT THE AWARD IS NOT PASSED EVEN AFTER 11 YEARS. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH & HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present writ appeal has been filed impugning the judgment dated 24.04.2024 passed by the learned Single Judge in WP.No.49439/2019 filed by the petitioner herein. - 3 - HC-KAR NC: 2025:KHC:49716-DB WA No. 30 of 2025 2. The parties are referred to as per their ranking in the writ petition for sake of convenience. 3. The State Government issued a preliminary notification under Section 28(1) of the Karnataka Industrial Area Development Act, 1998 (hereinafter referred to as the ‘KIAD Act’) on 19.12.1990. The final notification came to be issued under Section 28(4) of the KIAD Act only on 21.03.2009. Till date, no award has been passed regarding the compensation to be paid to the person whose land was sought to be acquired under these two notifications. The petitioner therefore, filed the writ petition challenging these notifications as well as seeking a declaration that the land acquisition proceedings have got lapsed and become invalid for the reasons that no award has been passed for almost 11 years. 4. Considering the aforesaid fact, the learned Single Judge has rightly held that the Government and the KIADB have abandoned the acquisition. We see no reason to interfere with the impugned judgment in the facts and - 4 - HC-KAR NC: 2025:KHC:49716-DB WA No. 30 of 2025 circumstances of this case and therefore dismiss the appeal. 5. I.A.No.1/2025 is filed seeking condonation of delay of 227 days in filing the appeal is however allowed. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE TIN List No.: 1 Sl No.: 20 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA