- 1 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 201696 OF 2024 (LB-RES) C/W WRIT PETITION NO. 202659 OF 2024(LB-RES) IN W.P.NO. 201696/2024 BETWEEN: CEMENT DIVISION UNIT OF KESORAM INDUSTRIES LIMITED POST. SEDAM, DISTRICT KALABURAGI. KARANATAKA : 585 222. …PETITIONER (BY SRI. PRAMOD.N. KATHAVI, SENIOR ADVOCATE FOR SRI. SUDARSHAN M, ADVOCATE) AND: 1. THE MINISTRY OF URBAN DEVELOPMENT VIKAS SOUDHA, BENGALURU, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE MEMBER SECRETARY TOWN PLANNING AUTHORITY, SEDAM-585 222. 3. THE DEPUTY COMMISSIONER KALABURAGI – 585 102. 4. THE ASSISTANT COMMISSIONER SEDAM -585 222. Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 5. THE JOINT DIRECTOR TOWN PLANNING AUTHORITY, SEDAM – 585 222. 6. THE TAHSILDAR SEDAM-585 222. 7. THE VILLAGE ADMINISTRATIVE OFFICER TQ SEDAM -585 222. …RESPONDENTS (BY SRI. MALLIKARJUNA SAHUKAR, AGA FOR R-1, R-3 TO R-7 SRI. SANKET APPAJI, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE IMPUGNED ORDER 27.06.2024 FOR RECOVERY OF THE SAID RS.14,47,03,922/- (RUPEES FOURTEEN CRORES FORTY SEVEN LAKHS THREE THOUSAND NINE HUNDRED TWENTY TWO ONLY) AS LAND REVENUE ON THE STRENGTH OF THE INTERNAL DEPARTMENTAL LETTERS /ORDERS BY DY.COMMISSIONER AND ASSISTANT COMMISSIONER WHICH ARE MENTIONED IN THE ATTACHMENT OF THE RECOVERY NOTICE DATED 28.06.2024 GIVEN BY VILLAGE ADMINISTRATIVE OFFICER, VILLAGE SEDAM, TALUK SEDAM, DISTRICT KALABURAGI, VIDE ANNEXURE-L, IN THE INTEREST OF JUSTICE. IN W.P.NO. 202659/2024 BETWEEN: CEMENT DIVISION UNIT OF KESORAM INDUSTRIES LIMITED POST. SEDAM, DISTRICT KALABURAGI. KARANATAKA : 585 222. REPRESENTED BY VENKATESH.V.B SENIOR MANAGER – LEGAL …PETITIONER (BY SRI. PRAMOD.N. KATHAVI, SENIOR ADVOCATE FOR SRI. SUDARSHAN M, ADVOCATE AND SRI. PRASANNA KUMAR, ADVOCATE) - 3 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 AND: 1. THE MINISTRY OF URBAN DEVELOPMENT VIKAS SOUDHA, BENGALURU, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE MEMBER SECRETARY TOWN PLANNING AUTHORITY, SEDAM-585 222. 3. THE DEPUTY COMMISSIONER KALABURAGI – 585 102. 4. THE ASSISTANT COMMISSIONER SEDAM -585 222. 5. THE JOINT DIRECTOR TOWN PLANNING AUTHORITY, SEDAM – 585 222. 6. THE TAHSILDAR SEDAM-585 222. 7. THE VILLAGE ADMINISTRATIVE OFFICER TQ SEDAM -585 222. …RESPONDENTS (BY SRI. MALLIKARJUNA SAHUKAR, AGA FOR R-1, R-3, TO R-7 SRI. SANKET APPAJI, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING A WRIT OF CERTIORARI BY QUASHING THE INTIMATION LETTER DATED: 20.01.2024 BEARING NO. NA.YO.PRA.SE/THEE PRA/2023-24/1590- 1611, VIDE ANNEXURE-A AND ETC. THESE PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER (PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR) In W.P.No.201696/2024, petitioner seeks for the following reliefs:- “ A) A writ of Certiorari by quashing the impugned order 27/06/2024 for recovery of the said Rs. 14,47,03,922/- (Rupees fourteen Crores Forty Seven Lakhs Three Thousand Nine Hundred Twenty Two Only) as land revenue on the strength of the internal departmental letters/ Orders by Dy.Commissioner and Assistant Commissioner which are mentioned in the attachment of the Recovery Notice dated: 28/06/2024 given by Village Administrative Officer, Village- Sedam, Taluk- Sedam, Dsitrict – Kalaburagi vide. ANNEXURE-L, in the interest of justice. B) A writ of Mandamus directing the Respondent Authorities to consider the Reply Cum, Representations dated; 19/01/2024, 23/02/2024, 11/03/2024 and 02/07/2024, vide Annexures-D,E,F & G and pass appropriate orders by giving sufficient fair opportunity in Compliances to Article 14 of the Constitution of India. BB) Issue a Writ, order direction more in the nature of a Writ of Certiorari and Quash the Demand Notice bearing No.Na.Yo.Praa.Se/Ti.Pa/2023-24/1234-1254(1259) dated: 21.12.2023, (ANNEXURE-B), - 5 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 CC) Issue a Writ, order or direction more in the nature of writ of Certiorari and quash the Demand Notice bearing No.Na.Yo.Praa.Se/Ti-Pa/2023-24/1402-1419 dated; 05.01.2024, (Annexure-C) C) Be pleased to pass any such orders as it deems fit in the circumstances of the case, in the interest of justice and equity.” 202659 – reliefs In W.P.No.202659/2024, petitioner seeks for the following reliefs:- “A) A writ of Certiorari by quashing the Intimation Letter dated: 20.01.2024 bearing No.Yo.Pra.Se/Thee/pra/2023-24/1590-1611, vide ANNEXURE-A; B) A writ of certiorari quashing the impugned Recovery Notices dated: 09.07.2024 for recovery of the said Rs.26,73,37,336/- (Rupees Twenty Six Crores Seventy Three Lakhs Thirty Seven Thousands Three Hundred Thirty Six Only) as land revenue, Vide ANNEXURE-S-B, B1 & B2 issued the by the Village Administravtive Officer, Village- Sedam, Taluk- Sedam, District-Kalaburagi on the strength of the internal departmental letters/ Orders by Assistant Commissioner/4th Respondent & Tahasildar/6th Respondent which are mentioned in the attachment of the Recovery Notice dated: 09.07.2024 given by the Village Administrative Officer, Village –Sedam, District – Kalaburagi, vide ANNEXURE-B, - 6 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 C) A writ of Certiorari quashing the impugned 2nd Recovery Notice dated; 16.08.2024 for recovery of the said Rs.26, 73, 37, 336/- (Rupees Twenty Six Crores Seventy Threee Lakhs Thirty Seven Thousands Three Hundred Thirty Six Only) as land revenue, vide. Annexure-K issued the by 6th Respondent/Tahsildar, Sedam- Taluk- Sedam, District- Kalaburagi in the interest of justice. D) A writ of Mandamus directing the Respondent Authorities to consider the Reply Cum Representation dated: 23.02.2024, 11.03.2024 and 02.07.2024 and pass appropriate orders by giving sufficient fair opportunity in compliance to Articles 14 of the Constitution of India, vide ANNEXURES-J,J1 & J12. E) Be pleased to pass any such orders as it deems fit in the circumstances of the case, in the interest of justice and equity.” 2. Brief facts giving rise to W.P.No.201696/2024 are as under:- The petitioner is a company registered under the Companies Act, 1956 and is in the business of manufacturing cement at its plant by name “Vasavadatta Cement Plant” located at Sedam taluk, Kalaburagi district. Petitioner contends that it obtained a ‘No Objection Certificate’ (NOC) dated 30.12.1982 from the local authority i.e., TMC, Sedam for establishing its cement plant and the - 7 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 KIADB acquired about 1234.37 acres of land and handed over the same to the petitioner to establish and develop its cement plant in the year 1985 and has been carrying on its business activity after having obtained necessary permissions and payment of taxes. It is contended that on 21.12.2023, the respondent – authority issued a notice to the petitioner calling upon it to furnish permission obtained under Section 17 of the Karnataka Town and Country Planning Act, 1961 (for short ‘ the KTCP Act’). Subsequently, the respondents issued one more notice dated 05.01.2024 calling upon the petitioner to pay a sum of Rs.14,47,03,922/- under various heads on the ground that the petitioner had not obtained necessary approval of single plot industrial production cement unit, thereby violating Section 17 of the KTCP Act. The petitioner submitted its replies, representations etc., dated 19.01.2024, 23.02.2024, 11.03.2024 and 02.07.2024, interalia contending that the petitioner had not committed any violation and that the State Government had notified Sedam town as a Town Planning Area under Section 4A(1) of the KPCT Act on 03.08.2001 subsequent to the petitioner establishing and developing its cement plant and as such, neither Section 4A nor Section 17 were applicable to the petitioner’s cement plant and consequently, there was no violation committed - 8 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 by the petitioner. The respondents issued the impugned recovery notice dated 27.06.2024 and 28.06.2024 as well as the earlier demand notices dated 21.12.2023 and 05.01.2024, all of which are assailed in the present petition. 2.1 The respondents 2 and 5 have filed their separate statement of objections and contested the petition and sought for its dismissal interalia reiterating the various contentions urged in the demand notices and have sought for dismissal of the petition. 3. Brief facts giving rise to W.P.No.202659/2024 are as under:- The petitioner herein is also engaged in the manufacture of sale and distribution of cement having acquired the subject lands via three modes across two villages for the purpose of mining activity. The subject lands were acquired by the petitioner by way of grant from the State Government, allotment by KIADB and also by way of purchase from third parties i.e., granted by the State Government on 09.12.1982 for the purpose of a mining lease, possession certificate by KIADB dated 19.01.1983, grant dated 05.03.1983 by the State Government in a mining lease for a period of 20 years, both of which were amalgamated and a mining lease - 9 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 dated 24.11.2004 was granted in favour of the petitioner ending on 08.10.2032 in Injepalli and Sedam villages . It is further contended that on 20.06.2016, the State Government issued a Notification under Section 4A(1) of the KTCP Act extending the limit of the local planning area by including 15 villages inclusive of Injepalli village, in which the petitioner has established and developed its factory. 3.1 On 20.01.2024, the 2nd respondent issued a notice to the petitioner calling upon it to produce a layout plan under Section 17 of the KTCP Act and an approval for single plot industrial layout for Limestone mine activity, failing which, the petitioner was called upon to pay a sum of Rs.26,73,37,336/- under various heads, to which the petitioner submitted replies, representations dated 23.02.2024, 11.03.2024 and 02.07.2024, pursuant to which, the respondent Nos.5 and 7 issued the impugned notices dated 09.07.2024 and 16.08.2024, which are assailed in the present petition. 4. The respondents 2 and 5 have filed their separate statement of objections and contested the petition and sought for its dismissal interalia reiterating the various contentions urged in the demand notices and have sought for dismissal of the petition. - 10 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 5. Respondents have filed applications seeking impleadment of the Town Municipal Council, Sedam and KIADB as additional respondents to both the petitions. Petitioner has opposed and contested the said impleadment applications and has sought for their dismissal. 6. Heard learned Senior counsel for the petitioner and learned AGA for the respondents – State as well as learned counsel for 2nd respondent and perused the material on record. 7. Since common question of law and fact arise for consideration in both the petitions, they are taken up together for consideration and disposed of by this common order. 8. In my considered opinion, the impugned notices issued by the respondents are illegal, arbitrary and contrary to the provisions contained in the KTCP Act and without jurisdiction or authority of law and the same deserve to be quashed. In this context, it would be relevant to extract Section 17 and 4-A of the KTCP Act as hereunder:- “ 17. Sanction for [single plot or sub-division] of plot or lay-out of private street. - (1) The State Government shall by rules prescribe the standards to be followed and minimum extent of Land to be considered for - 11 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 approval of Layout for sub dividing a plot and prescribe the minimum extent of area to be earmarked for park, open spaces and civic amenity sites and laying out roads. Every person who intends to 4[develop a single plot or]4 sub divide his plot by making a layout on or after the date of the publication of the declaration of Local Planning Area under section 4-A, shall submit detailed plan of the layout of his plot showing layout of roads, sub-divided plots and earmarking area for park and open spaces and civic amenities to such extent and in such manner, as prescribed. (2) The Planning Authority may, within the prescribed period, sanction such plan either without modification or subject to such modifications and conditions as it considers expedient or may refuse to give sanction, if the planning authority is of the opinion that such plan is not in any way consistent with the proposals of the Master Plan. Provided that where the Master Plans are not finally approved, in such cases the Planning Authority may sanction the layout plan as per the guidelines issued by the Government from time to time. (2-A) If the Authority decides to sanction the layout plans under sub-section (2), it shall sanction provisional layout plan in accordance with such rules as may be prescribed for demarcation and development purposes showing the sites, street alignment, [park and play ground] and civic amenity area and any other infrastructure facility including the arrangement to be made for levelling, paving, metalling, flagging, channeling, sewering, draining, street lighting and water supply to the satisfaction of the Planning Authority and local authority. One copy of such plan shall be - 12 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 marked to the jurisdictional local authority. The owner shall relinquish the roads, [parks and play ground] to the local authority and Civic Amenity areas to the Planning Authority through registered relinquishment deed free of cost without claiming any compensation. (2-B) The Planning Authority shall ensure the completion of all development works including all infrastructure facilities as mentioned in sub-section (2A) under the supervision of the concerned Authority/ Agency/Department. On obtaining the certificate of completion from the concerned Authority/Agency/Department on having completed all the development works and on relinquishment of the roads, parks to the local authority and Civic Amenity areas to the Planning Authority and handing over the same, the Planning Authority may issue the final layout plan affixing the seal of the Planning Authority for registration purpose. Provided that no Commencement Certificate or licence shall be sanctioned or issued for buildings on sites in the layout unless the final layout plan is issued. (2-C) The planning Authority, if a person so desires, may also permit the release of sites in two stages. In such a case, the planning Authority on approval of the provisional layout plant release forty per cent of the sites in the layout in the first stages and shall release the remaining sixty per cent of the sires on completion of all development works in the following manner, namely. (i) On approval of the provisional layout plant in the prescribed manner before releasing forty per cent of sites, the planning Authority Shall. - 13 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 (a) obtain the registered relinquished deed, in the prescribed form, from the applicant to relinquish the areas reserved and demarcated for park, playground and the roads in the layout to the Local Authority and the area reserved and demarcated for civic amenities to the planning Authority without claiming any compensation; (b) Shall also obtain registered mortgage agreement of all the corner sites in the layout to the Planning Authority; and (c) ensure that the project is registered under the Real Estate (Regulation and Development) Act, 2016(Central Act 16 of 2016). (ii) After obtaining above documents the planning Authority shall release forty per cent of the sites scattered in the layout showing the building sites released affixing the seal of the Authority on the provisionally approved layout plan which shall be sent to the Local Authority for issue of Khata of such sites for registration purpose under the Karnataka Stamps Act, 1957 (Karnataka Act 34 of 1957) and the Registration Act, 1908 (Central Act XVI of 1908). (iii) The Planning Authority shall ensure the completion of all development works including all infrastructure facilities as specified under sub-section (2-A), on conducting inspection by the concerned Authority or Agency or Department within three years from the date of approval of the provisional layout plan. In case the completion certificates for completion of all development works are not obtained within three years from the date of approval of the provisional layout plan, the Planning Authority may for the reasons to be recorded extend the - 14 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 period for completion of development by a further period of one year. (iv) On completion of all development works and obtaining the completion certificates within three years or within the extended period and obtaining the certificate of completion from the concerned Authority or Agency or Department including the development of the park, playground and civic amenity sites, the Planning Authority shall approve the final layout plan releasing the remaining sixty per cent of the sites along with the corner sites mortgaged to the Authority. A copy of the finally approved layout plan, affixing the seal of the Planning Authority, showing the building sites released shall be sent to the Local Authority for issue of khata of such sites for registration purpose under the Karnataka Stamps Act, 1957 (Karnataka Act 34 of 1957) and the Registration Act, 1908 (Central Act XVI of 1908): Provided that, in case the development works are not completed within the period under clause (iii), the corner sites mortgaged Planning Authority shall be forfeited to the Planning Authority. [(2-D) In case of layout provisionally approved under sub-section (2-B) the development works specified under sub-section (2-A) shall b within a period of three years from the date of approval of the plan: layout plan. Provided that, the Planning Authority may, on application made in this behalf, reasons to recorded waiting extended the period for development of the layout to such further period not extending on year, as it considers necessary. In case the development works are within such - 15 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 specified period, period, the permission granted by Authority shall lapse. The applicant shall thereafter following due procedure. (2-E) Any building site which has not been released by the Planning Authority under this Act shall not be issued any Khata or given property index number (e-khata) under the Karnataka Municipalities Act, 1964 (Karnataka Act 22 of 1964), the Karnataka Karnataka Municipal Corporation Act1976 (Karnataka Act 14 of 1976), the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993) or the Bruhat Bengalutu Palike Act, 2020 (Karnataka Act 53 of 2020) as the case may be. (3) No compensation shall be payable for the refusal imposition or modification or conditions in the grant of sanction. (4) If any person does any work in contravention of sub-section (1) or in contravention of the modifications and conditions of the sanction granted under sub-section (2) or despite refusal for the sanction under the said sub- section (2), the Planning Authority may direct such person by notice in writing to stop any work in progress and after making an inquiry in the prescribed manner, remove or pull down any work or restore the land to its original condition. (5) Any expenses incurred by the Planning Authority under sub-section (4) shall be a sum due to the Planning Authority under this Act from the person in default. (6) Any person aggrieved by the decision of the Planning Authority under sub-section (2) or sub-section (4) - 16 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 may, within thirty days from the date of such decision appeal to such authority as may be prescribed. (7) The prescribed authority may after giving a reasonable opportunity of being heard to the appellant and the Planning Authority, pass such order as it deems fit, as far as may be, within four months from the date of receipt of the appeal. ” 4-A. Declaration of Local Planning Areas, their amalgamation, Sub- Division, inclusion of any area in a Local Planning Area.—(1) The State Government may by notification declare any area in the State to be a Local Planning Area for the purposes of this Act, [or include within such local planning area, any area adjacent thereto, and on such declaration or inclusion] this Act shall apply to such area: Provided that no military cantonment or part of a military cantonment shall be included in any such area; Provided further that in the case of the heritage area, the local planning area declared under this sub-section shall be co-terminus with the heritage area. (2) Every such notification shall define the limits of the area to which it relates. (3) The State Government may, after consultation with the Board, amalgamate two or more planning areas into one local planning area, sub-divide a local planning area into different local planning areas, and include such divided areas in any other local planning area. (4) The State Government may by notification direct that all or any of the rules, regulations, orders, directions and powers made, issued, conferred and in force in any other - 17 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 local planning area at the time, with such exceptions and adaptations and modifications as may be considered necessary by the State Government, shall apply to the area declared as, amalgamated with or included in, a local planning area under this section and such rules, regulations, bye-laws, orders, directions and powers shall forthwith apply to such local planning area without further publication. (5) When local planning areas are amalgamated or sub-divided, or such sub- divided areas are included in other local planning areas, the State Government shall, after consulting the Board, the Planning Authority or authorities concerned, frame a scheme determining what portion of the balance of the fund of the Planning Authority shall vest in the Planning Authority or authorities concerned and in what manner the properties and liabilities of the planning authority or authorities shall be apportioned amongst them and on the scheme being notified the fund, property and liabilities shall vest and be apportioned accordingly. 9. The material on record in W.P.No.201696/2024 will indicate that the declaration under Section 4-A of the KTCP Act declaring the subject lands to be part of the municipal area was issued in the year 2001, while the lands were developed in 1985 itself, at which point in time, no declaration under Section 4-A had been issued by the respondents. It follows therefrom that the provisions of Section 17 of the KTCP Act would not apply to the petitioner’s factory and residential colony which had been - 18 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 developed and established by the petitioner in 1985, much prior to declaration and constitution of the Sedam Planning Area and Sedam Planning Authority w.e.f 03.08.2001. Further, the said factory and residential colony of the petitioner satisfied the requirements under Section 17, since, provisions such as park, roads, school, temple, open spaces and other civic amenities had been provided in the subject land. It is also pertinent to note that after the aforesaid notification dated 03.08.2001 issued under Section 4-A, the petitioner did not develop the property as a single plot industrial layout, thereby indicating that there was no violation committed by the petitioner as alleged by the respondents. 10. The material on record also indicates that at the time of development and establishment in the year 1985, there was no survey conducted by the respondents in terms of Section 10 of the KTCP Act nor was a provisional master plan or an approved final master plan issued under Section 9 of the KTCP Act so as to make Section 17 applicable to the subject lands in the year 1985, since the notification was issued only subsequently on 03.08.2001, thereby not attracting the provisions contained in Section 17 of the KTCP Act. Further, Section 9 of the KTCP Act casts a duty on the - 19 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 local planning authority to prepare and publish a master plan within two years from its constitution i.e., from 03.08.2001 while the master plan for Sedam was prepared and published only in the year 2011 and consequently, it cannot be said that there was any violation of Section 17 by the petitioner and the impugned notices deserve to be quashed on this ground also. 11. The impugned notices specifically state that the petitioner had not obtained permissions / approval for development of a single plot layout, thereby entailing the levy of various amounts as demanded in the impugned notices. In this context, it is relevant to state that the requirement of obtaining approvals / permission for a single plot industrial layout arose for the first time w.e.f. 22.05.2020 when the said requirement was inserted into Section 17 vide Karnataka Act 34 of 2020 which came into effect on that date. It is needless to state that the said requirement of obtaining approval for a single plot layout is clearly prosepective and not retrospective and arose w.e.f. the date of the amendment to Section 17 vide Karnataka Act No. 34 of 2020 dated 22.05.2020 and the said amendment would not apply to the subject lands which were developed and established in 1985, much prior to the - 20 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 aforesaid amendment and consequently, the impugned notices deserve to be quashed on this score also. 12. A perusal of the master plan will indicate that the subject lands of the petitioner comprising of the factory and residential colony have been shown in their respective designated zones, as a result of which, there was no need for the petitioner to apply for grant of sanction for a single plot, since the subject lands were developed and established much earlier in accordance with law and properly included in the master plan in their respective designated zones which is yet another circumstance that would vitiate the impugned notices which deserve to be quashed. 13. 13. The petitioner in W.P.No.201696/2024 has produced the approved plan dated 07.08.1993 and approved layout plan dated 23.12.1997 vide Annexures-M and N respectively and also an approved plan at Annexure-J in favour of the petitioner in respect of the subject lands, which also clearly indicate that the subject lands have been developed and the petitioner has established factory and residential colony in accordance with law, thereby establishing that the impugned notices deserve to be quashed on this ground also. - 21 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 14. The material on record also discloses that the subject lands had been developed and the cement factory of the petitioner was established in the year 1985 and the impugned notices having been issued after almost 40 years of the petitioner carrying on its business and having established its residential quarters is clearly barred by the “reasonable time principles” especially when there has been long and inordinate delay on the part of the respondents to allege violation by the petitioner. As stated supra, Section 17 as amended vide Karnataka Act No.34 of 2020 w.e.f. 22.05.2020 is prospective and not retrospective and would not apply to the subject lands, which were developed in the year 1985 by the petitioner which had put up a factory, residential colony etc., in accordance with law for its workmen officers and other employees after obtaining necessary permission required at that point in time and consequently, the long and unexplained inordinate delay and latches on the part of the respondents to issue the impugned notices after an unreasonably long delay of almost 40 years is sufficient to come to the conclusion that the impugned notice issued beyond reasonable time are illegal and arbitrary and deserve to be quashed, in the light of the principles in this regard laid down by the Apex court and this Court in various judgments - 22 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 including Vivek M.Hinduja & others vs.M.Ashwatha and others – (2020) 14 SCC 228. 15. The petitioner in W.P.No.202659/2024 acquired the subject lands vide three modes as stated supra across two villages viz., State Government grant, KIADB allotment and purchase from third parties. The subject lands in this petition were also developed and deemed used for mining activity much prior to 20.06.2016 when the respondents issued a Notification under Section 4-A of the KTCP Act including Injepalli village where the lands are situated into the local planning area. As stated supra, the requirement of obtaining permission under Section 17 would arise only after declaration of the land as having come within the local planning area by issuance of a notification under Section 4-A and not in the absence of such a Notification. As stated hereinbefore, the Notification under Section 4-A in relation to the subject land involved in W.P.No.201696/2024 was issued in the year 2001, while the Notification in relation to lands involved in W.P.No.202659/2024 was issued in the year 2016; the material on record discloses that the subject lands in both the petitions were developed much prior to the aforesaid notifications, as a result of - 23 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 which, Section 17 would not be applicable to the subject lands and consequently, the requirement of obtaining permission to develop a single plot industrial layout would not apply to the subject lands in both the petitions, thereby rendering the impugned notices illegal and arbitrary on this ground also. 16. A perusal of Section 17 will indicate that the said provisions will not apply to the subject lands involved in W.P.No.202659/2024 which are using for mining activity especially when the lands were granted by the State Government, allotted by KIADB and purchased by the petitioner and third parties. Under these circumstances, the impugned notices erroneously alleging violation of Section 17 by the petitioner are clearly illegal and arbitrary and deserve to be quashed. 17. The material on record in W.P.No.202659/2024 will indicate that a master plan has not been issued in relation to the subject lands in the absence of which, it is essential that the State Government has to issue guidelines in terms of the proviso to subsection (2) of Section 17 of the KTCP Act which contemplates that is a master plan has finally not approved, the layout plan has to be sanctioned by the planning authority as per the guidelines - 24 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 issued by the State Government. In the instant casea, apart from the fact that no survey was conducted, no provisional master plan was issued nor a final master plan was issued or approved, the State Government has not issued guidelines till date and consequently, the contention of the respondents that the petitioner had not obtained approval is clearly opposed to facts and law warranting interference in the present petitions. 18. A perusal of the provisions contained in Section 17 and 18 of the KTCP Act and other relevant provisions will clearly indicate that if there is any breach committed by a person by not obtaining necessary approval, the said breach would not entail the payment of various amounts as demanded by the respondents in the impugned notices. In fact, Section 17(4) provides for consequences of violation of Section 17(1) and (2), while Section 18 is completely inapplicable to the facts of the instant case and the subject lands. It is therefore clear that the respondents did not have jurisdiction or authority of law to issue the impugned notices illegally demanding various amounts for alleged violation of Section 17 of the KTCP Act and consequently, the impugned demand being - 25 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 contrary to Article 265 of the Constitution of India deserve to be quashed. 19. The respondent No.2 has filed I.A.No.4/2024 in W.P.No.201696/2024 seeking impleadment of the TMC, Sedam as additional respondent to the petition on the ground that the petitioner had contended that it had obtained approval and permission from TMC, which is a necessary and proper party to the petition. In this context, the various contentions urged in the application as well as findings recorded hereinbefore clearly indicate that the TMC, Sedam is neither a proper nor necessary party to the present petition and consequently, I.A.4/2024 filed by the 2nd respondent in W.P.No.201696/2024 is devoid of merit and the same is hereby dismissed. 20. The 2nd respondent in W.P.No.202659/2024 has filed I.A.No.3/2024 seeking impleadment of TMC, Sedam and I.A.No.5/2024 seeking impleadment of KIADB. As stated supra, neither of the proposed respondents are proper or necessary parties for adjudication of the present petition and consequently, both I.A.No.3/2024 and I.A.No.5/2024 in W.P.No.202659/2024 are devoid of merit and are hereby dismissed. - 26 - NC: 2025:KHC-K:418 WP No. 201696 of 2024 C/W WP No. 202659 of 2024 21. In view of the aforesaid facts and circumstances, I am of the considered opinion that the impugned notices and demands made by the respondents are illegal, arbitrary and contrary to law as well as the provisions of the KTCP Act and Article 265 of the Constitution of India in addition to being without jurisdiction or authority of law and the same deserve to quashed. 22. In the result, I pass the following: ORDER (i) W.P.No.201696/2024 is hereby allowed; (ii) The impugned notices at Annexure-B dated 21.12.2023, Annexure-C dated 05.01.2024 and Annexure-L dated 28.06.2024 are hereby quashed. (iii) W.P.No.202659/2024 is also hereby allowed; (iv) The impugned Intimation Letter at Annexure-A dated 20.01.2024, impugned Notices at Annexures-B, B1 and B2 all dated 09.07.2024 and impugned Notice at Annexure-K dated 16.08.2024 are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.