- 1 - HC-KAR NC: 2025:KHC:54634 WP No. 17023 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.17023 OF 2025 (LA-KIADB) BETWEEN: NALINISWAMY W/O. B. MUNISWAMY, AGED 67 YEARS, R/AT NO.62, KARISHMA HILLS, GUBBALALA VILLAGE, SUBRAMANYAPURA POST, BENGALURU-560 061. …PETITIONER (BY SRI B. RAMESH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE (INDUSTRIAL DEVELOPMENT) M.S. BUILDING, BENGALURU-560 001. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.14/3, RASHTROTHANA PARISHATH, 2ND FLOOR, NRUPATHUNGA ROAD, BENGALURU-560 001. REPRESENTED BY SPECIAL DEPUTY COMMISSIONER. 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (BMICP) 1ST FLOOR, MARASHI ARAVIND BHAVAN, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54634 WP No. 17023 of 2025 NRUPATHUNGA ROAD, BENGALURU-560 001. 4. M/S. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LTD., NO.1, FORD GARDENS, OPP. M.G. ROAD, BENGALURU-560 001 REPRESENTED 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 SRI RAVINDRA V. REDDY, SPECIAL COUNSEL A/W SRI MALAHAR RAO, AAG FOR R-1; SRI B.S. SUDHINDRA, ADVOCATE FOR R-2 & R-3; SRI NITIN PRASAD, ADVOCATE FOR R-4 & R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION BEARING NO. CI:196:SPQ:1998 DATED 19.12.1998 AND PRELIMINARY NOTIFICATION BEARING NO.CI:196:SPQ:1998 DATED 29.01.2003 ISSUED BY THE RESPONDENT AUTHORITY WHICH IS PRODUCED AND MARKED AS ANNEXURE-E AND F IN SO FAR AS THE PETITIONER’S LAND IS CONCERNED AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 3 - HC-KAR NC: 2025:KHC:54634 WP No. 17023 of 2025 ORAL ORDER The petitioner has approached this Court to quash the impugned notifications dated 02.06.1999 and 29.01.2003 issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (‘KIAD Act’ for short). Learned counsel for the petitioner submits that the issue involved in this petition was subject matter of various litigation before this Court in several writ petitions and one such writ petition is in the case of Sri C. Valliappa Vs. The State of Karnataka and Others1 (C. Valliappa). 2. Learned counsel for the respondent-Karnataka Industrial Areas Development Board (KIADB) and learned counsel appearing for respondent-Nandi Infrastructure Corridor Enterprises Ltd.(NICE), do not dispute the submission made by the learned counsel for the petitioner. However, the learned counsel appearing for the NICE submits that the present writ petition can be disposed of in 1 W.P.No.8400/2021 D.D 07.06.2021 - 4 - HC-KAR NC: 2025:KHC:54634 WP No. 17023 of 2025 similar terms Sri Natawarlal Jasu Vs. The State of Karnataka and Others2 (Natawarlal Jasu). 3. At this stage, learned counsel for the petitioner brings to the notice of this Court that the submission of the NICE has been considered by the Co-ordinate Bench of this Court in another writ petition in B.Bettaiah Vs. The State of Karnataka and Others3 (B.Bettaiah), wherein, this Court in similar terms of Natawarlal Jasu has disposed of this writ petition in respect of the petitioner. 4. In the present case, pursuant to the preliminary notifications dated 02.06.1999 and 29.01.2003, issued under Section 28(1) of the KIAD Act, no final notification has been issued. The petitioner being similarly placed to that of the petitioners in C. Valliappa and B.Bettaiah, the similar order needs to be passed. Accordingly, this Court pass the following: 2 W.P.No.4399/2023 D.D 28.07.2023 3 W.P.No.11140/2023 D.D 24.04.2025 - 5 - HC-KAR NC: 2025:KHC:54634 WP No. 17023 of 2025 ORDER i. The writ petition is allowed. ii. The impugned preliminary notifications dated 02.06.1999 and 29.01.2003 issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 is hereby quashed insofar as it relates to the petitioner's land concerned. iii. However, it is made clear that this will not come in the way of the respondent issuing fresh notification, if so advised in accordance with law. iv. Accordingly, liberty is reserved to the respondent to proceed in accordance with law, if any. v. All the contentions in this regard are kept. vi. Apart from this, the liberty is also reserved to respondent-NICE to proceed against the other respondents in accordance with law, if there is any grievance against them. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 32