- 1 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 102585 OF 2023 (LA-KIADB) C/W WRIT PETITION NO. 102554 OF 2023 WRIT PETITION NO. 102564 OF 2023 WRIT PETITION NO. 103414 OF 2023 IN WRIT PETITION NO. 102585 OF 2023 BETWEEN: 1. KADATAL BASAVVA W/O. MAHADEVAPPA, AGE: 46 YEARS, OCC: AGRICULTURIST, 2. METYAL NEELAVVA W/O. BASAVARAJ, AGE: 43 YEARS, OCC: AGRICULTURIST, 3. ADAVI KASHAMMA W/O. GANGAPPA, AGE: 65 YEARS, OCC: AGRICULTURIST, 4. HUMBERI GANGAVVA W/O. BASAVAPUTTAPPA, AGE: 55 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO.1 TO 4 ARE R/O CHIKKAMALLIGAWAD VILLAGE, TQ & DIST: DHARWAD-580007.] 5. DESAI RAOSAHEB S/O. MELAGIRIYAPPA, AGE: 68 YEARS, OCC: AGRICULTURIST, R/O CHIKKAMALLIGAWAD VILLAGE, TQ & DIST: DHARWAD-580007. GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 6. RAMAPUR FAKKIRAPPA S/O. LAXMAPPA, AGE: 60 YEARS, OCC: AGRICULTURIST, R/O CHIKKAMALLIGAWAD VILLAGE, TQ & DIST: DHARWAD-580007. 7. YALLAPPA S/O. SIDDAPPA GARAGAD, AGE: 68 YEARS, OCC: AGRICULTURIST, R/O CHIKKAMALLIGAWAD VILLAGE, , TQ & DIST: DHARWAD-580007. 8. KONANAVAR SIDDAPPA S/O. NINGAPPA, AGE: 65 YEARS, OCC: AGRICULTURIST, R/O CHIKKAMALLIGAWAD VILLAGE, TQ & DIST: DHARWAD-580007. 9. KONANAVAR SHIDDAPPA S/O. NINGAPPA, AGE: 65 YEARS, OCC: AGRICULTURIST, 10. KONANAVAR BASAPPA S/O. SHIVALINGAPPA, AGE: 75 YEARS, OCC: AGRICULTURIST, 11. JODAGENAVAR ADIVEVVA W/O. GULAPPA, AGE: 68 YEARS, OCC: AGRICULTURIST, 12. DODAMANI ULAVAVVA W/O. RENAPPA, AGE: 56 YEARS, OCC: AGRICULTURIST, 13. KONANAVAR ULAVAPPA S/O. FAKKIRAPPA, AGE: 58 YEARS, OCC: AGRICULTURIST, 14. SABARAD SAVAKKA W/O. SHANKRAPPA, AGE: 56 YEARS, OCC: AGRICULTURIST, 15. GANTI MALLAVVA W/O. BASAPPA, AGE: 55 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO.9 TO 15 ARE R/O CHIKKAMALLIGAWAD VILLAGE, TQ & DIST: DHARWAD-580007.] - 3 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 16. METYAL KUBENDRA S/O. ADIVEPPA, AGE: 60 YEARS, OCC: AGRICULTURIST, 17. METYAL NAGAPPA S/O. ADIVEPPA, AGE: 50 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO.16 TO 17 ARE R/O CHIKKAMALLIGAWAD VILLAGE, TQ & DIST: DHARWAD-580007.] 18. METYAL KALLAPPA S/O. BASAPPA, AGE: 70 YEARS, OCC: AGRICULTURIST, 19. METYAL NAGAPPA S/O. BASAPPA, AGE: 68 YEARS, OCC: AGRICULTURIST, 20. METYAL FAKKIRAPPA S/O. BASAPPA, AGE: 65 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO.18 TO 20 ARE R/O CHIKKAMALLIGAWAD VILLAGE, TQ & DIST: DHARWAD-580007.] 21. ISHWARAPPA S/O. SANNAMALLAPPA ANGADI, AGE: 62 YEARS, OCC: AGRICULTURIST, R/O CHIKKAMALLIGAWAD VILLAGE, TQ & DIST: DHARWAD-580007. 22. DALAVAYI YALLAPPA SIDDAPPA, AGE: 68 YEARS, OCC: AGRICULTURIST, 23. DALAVAYI NAGAVVA W/O. SANNANEELAPPA, AGE: 50 YEARS, OCC: AGRICULTURIST, 24. SHIDDANNAVAR MANJULA W/O. SHRIKANT, AGE: 32 YEARS, OCC: AGRICULTURIST, - 4 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 25. DALAVAYI BASAPPA S/O. SANNANEELAPPA, AGE: 38 YEARS, OCC: AGRICULTURIST, 26. DALAVAYI NINGAPPA S/O. SANNANEELAPPA, AGE: 36 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO.22 TO 26 ARE R/O CHIKKAMALLIGAWAD VILLAGE, TQ & DIST: DHARWAD-580007.] 27. KADATAL BASAVVA W/O. MAHADEVAPPA, AGE: 45 YEARS, OCC: AGRICULTURIST, 28. METYAL NEELAVVA W/O. BASAVARAJ, AGE: 43 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO.27 TO 28 ARE R/O CHIKKAMALLIGAWAD VILLAGE, TQ & DIST: DHARWAD-580007.] 29. KONANAVAR BASAPPA S/O. SHIVALINGAPPA, AGE: 75 YEARS, OCC: AGRICULTURIST, R/O CHIKKAMALLIGAWAD VILLAGE, TQ & DIST: DHARWAD-580007. 30. YADAWAD HANAMANTAPPA S/O. MAREPPA. AGE: 65 YEARS, OCC: AGRICULTURIST, 31. YADAWAD SAHADEVAPPA S/O. MAREPPA, AGE: 58 YEARS, OCC: AGRICULTURIST, 32. YADAWAD FAKKIRAPPA S/O. MAREPPA. AGE: 55 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO.30 TO 32 ARE R/O CHIKKAMALLIGAWAD VILLAGE, TQ & DIST: DHARWAD-580007.] - 5 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 33. YADAWAD KALLAPPA S/O. AJJAPPA, AGE: 36 YEARS, OCC: AGRICULTURIST, R/O CHIKKAMALLIGAWAD VILLAGE, TQ & DIST: DHARWAD-580007.] 34. HUCHCHAYYANAVAR BASAVARAJ S/O. SHIVALINGAPPA, AGE: 48 YEARS, OCC: AGRICULTURIST, R/O CHIKKAMALLIGAWAD VILLAGE, TQ & DIST: DHARWAD-580007. 35. HUCHCHAYYANAVAR BASAVARAJ S/O. MAHADEVAPPA, AGE: 42 YEARS, OCC: AGRICULTURIST, R/O CHIKKAMALLIGAWAD VILLAGE, TQ & DIST: DHARWAD-580007. …PETITIONERS (BY SRI. H.R. GUNDAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES & COMMERCE VIKASA SOUDHA, BENGALURU-560001 BY ITS SECRETARY. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS, CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER, NO.49, 4TH & 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 3. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS, SPECIAL DEPUTY COMMISSIONER, NO.49, 4TH & 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 4. THE SPECIAL LAND ACQUISITION OFFICER, THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, LAKKAMANAHALLI, P.B. ROAD, - 6 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER DHARWAD-580004. 5. THE DEPUTY COMMISSIONER, DHARWAD- DISTRICT, DHARWAD-580001. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1 & R5; SRI. P.N. HATTI, ADVOCATE FOR R2-R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR OTHER APPROPRIATE ORDER OR DIRECTIONS TO QUASH THE IMPUGNED NOTIFICATION BEARING NO. CI 120 SPQ 2009, BANGALORE DATED 05.06.2009 ISSUED UNDER SECTION 28(1) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT, 1966 AND IT WAS PUBLISHED IN THE KARNATAKA STATE GAZETTE DATED 08.06.2009 UNDER SECTION 3(1) KIADB ACT 1966 BY THE 1ST RESPONDENT AND THE FINAL DECLARATION NO.CI33.SPQ (E) 2021 ISSUED UNDER SECTION 28(4) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT, DATED 07.07.2022 ISSUED BY THE 1ST RESPONDENT, VIDE ANNEXURE-B AND F IN SO FAR AS PETITIONER’S CONCERNED; IN THE ALTERNATIVELY, THE PETITIONER’S PRAYED THAT IN THE EVENT OF 1ST PRAYER, IS NOT PERMISSIBLE UNDER LAW, THEN THE RESPONDENT AUTHORITIES MAY BE DIRECTED PAY COMPENSATION TO THE PETITIONER’S NOTIFIED LAND UNDER THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, RIGHT FROM O7.07.2022, PUBLICATION OF 28(4) K.I.A.D.B., FINAL NOTIFICATION AND ETC. IN WRIT PETITION NO. 102554 OF 2023 BETWEEN: 1. ANGADI NAGAPPA S/O. SANNAMALLAPPA AGE: 58 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE, TQ AND DIST: DHARWAD-580007 2. ANGADI BASAVARAJ S/O. MAHARUDRAPPA, AGE: 40 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE, TQ AND DIST: DHARWAD-580007 - 7 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 3. HURAKADLI BALAPPA S/O. SHANKRAPPA AGE: 61 YEARS, OCC: AGRICULTURIST R/O. CHIKKAMALLIGAWAD VILLAGE, TQ AND DIST: DHARWAD-580007 4. KADATAL BASAPPA S/O. BALAPPA, AGE: 75 YEARS, OCC: AGRICULTURIST, 5. KADATAL SHARAVVA W/O. FAKKIRAPPA,. AGE: 65 YEARS, OCC: AGRICULTURIST, 6. KADATAL SHIVANAND S/O. FAKKIRAPPA, AGE: 45 YEARS, OCC: AGRICULTURIST, 7. KADATAL NAGARAJ S/O. FAKKIRAPPA, AGE: 38 YEARS, OCC: AGRICULTURIST, 8. BENDIGERI CHANNAVVA W/O. ARJUN, AGE: 40 YEARS, OCC: AGRICULTURIST, 9. MANKANI KASTURI W/O. KRISHNA, AGE: 35 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO.4 TO 9 ARE R/O. CHIKKAMALLIGAWAD VILLAGE, TQ AND DIST: DHARWAD-580007] 10. SATYAMMANAVAR AJJAPPA S/O. BHEEMAPPA, AGE: 52 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE, TQ AND DIST: DHARWAD-580007 11. SATTYAMMANAVAR MALLAVVA W/O. PAKKIRAPPA, AGE: 65 YEARS, OCC: AGRICULTURIST, 12. HONGAL KALAVATI W/O. MANJUNATH, AGE: 38 YEARS, OCC: AGRICULTURIST, - 8 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 13. SATTYAMMANAVAR RAJU W/O. PAKKIRAPPA, AGE: 36 YEARS, OCC: AGRICULTURIST, 14. PATIL PARVATI W/O. MADIVALAPPA, AGE: 34 YEARS, OCC: AGRICULTURIST, 15. SATTYAMMANAVAR DRAKSAYANI D/O. PAKKIRAPPA, AGE: 30 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO.11 TO 15 ARE R/O. CHIKKAMALLIGAWAD VILLAGE, TQ AND DIST: DHARWAD-580007] 16. SATYAMMANAVAR FAKKIRAPPA S/O. BHEEMAPPA, AGE: 65 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE, TQ AND DIST: DHARWAD-580007 17. YALLAVVA W/O. BASAPPA HONGAL, AGE: 65 YEARS, OCC: AGRICULTURIST, 18. BASAPPA KALLAPPA SATTYAMMANAVAR, AGE: 60 YEARS, OCC: AGRICULTURIST, 19. SHANTA W/O. RAMAPPA MALAPPANAVAR, AGE: 55 YEARS, OCC: AGRICULTURIST, 20. NINGAVVA W/O. VEERUPAXAPPA NARENDRA, AGE: 40 YEARS, OCC: AGRICULTURIST, 21. IRANNA PAKKIRAPPA SATTYAMMANAVAR, AGE: 35 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO.17 TO 21 ARE R/O. CHIKKAMALLIGAWAD VILLAGE, TQ AND DIST: DHARWAD-580007] 22. MALLIGAWAD NINGAPPA S/O. YALLAPPA, AGE: 62 YEARS, OCC: AGRICULTURIST, - 9 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER R/O. CHIKKAMALLIGAWAD VILLAGE, TQ AND DIST: DHARWAD-580007 23. NAGAPPA HULAJANAVAR S/O. YALLAPPA, AGE: 60 YEARS, OCC: AGRICULTURIST, 24. RAMAPPA @ PARASURAM HULAJANAVAR S/O. YALLAPPA, AGE: 40 YEARS, OCC: AGRICULTURIST, 25. MADIWALAPPA HULAJANAVAR S/O. BASAPPA, AGE: 45 YEARS, OCC: AGRICULTURIST, 26. MAILARAPPA HULAJANAVAR S/O. YALLAPPA, AGE: 42 YEARS, OCC: AGRICULTURIST, 27. RAMAPPA S/O. BASAPPA HULAJANAVAR, AGE: 47 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO. 23 TO 27 ARE R/O. CHIKKAMALLIGAWAD VILLAGE, TQ AND DIST: DHARWAD-580007] 28. HUCHCHAYYANAVAR BASAVANNEVVA W/O. VIRUPAKSAHAPPA, AGE: 62 YEARS, OCC: AGRICULTURIST, 29. ANGADI GIRIJAVVA W/O. BASALINGAPPA, AGE: 48 YEARS, OCC: AGRICULTURIST, 30. ANGADI MAHADEVI W/O. CHANNAVEERAPPA, AGE: 46 YEARS, OCC: AGRICULTURIST, 31. CHIKKANARAGUND SAROJA W/O. GURAPPA, AGE: 40 YEARS, OCC: AGRICULTURIST, 32. HUCHCHAYYANAVAR BASAVARAJ S/O. VIRUPAKSHAPPA, AGE: 42 YEARS, OCC: AGRICULTURIST, - 10 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 33. HUCHCHAYYANAVAR CHANNAPPA S/O. VIRUPAKSHAPPA, AGE: 38 YEARS, OCC: AGRICULTURIST, 34. ANGADI RATNAVVA W/O. SIDDAPPA, AGE: 62 YEARS, OCC: AGRICULTURIST, 35. ANGADI IRAVVA IRAPPA, AGE: 60 YEARS, OCC: AGRICULTURIST, 36. ANGADI SINGAVVA @ KUKRAVVA SHANKRAPPA, AGE: 58 YEARS, OCC: AGRICULTURIST, 37. ANGADI NINGAVVA SHIVARUDRAPPA, AGE: 56 YEARS, OCC: AGRICULTURIST, 38. HUCHCHAYYANAVAR MALLIKARJUN SHIVALINGAPPA, AGE: 65 YEARS, OCC: AGRICULTURIST, 39. HUCHCHAYYANAVAR BASAVARAJ SHIVALINGAPPA, AGE: 48 YEARS, OCC: AGRICULTURIST, 40. HUCHCHAYYANAVAR IRAPPA SHIVALINGAPPA, AGE: 42 YEARS, OCC: AGRICULTURIST, 41. HUCHCHAYYANAVAR LAXMI W/O. MAHADEVAPPA, AGE: 58 YEARS, OCC: AGRICULTURIST, 42. HUCHCHAYYANAVAR BASAVARAJ S/O. MAHADEVAPPA, AGE: 42 YEARS, OCC: AGRICULTURIST, 43. HUCHCHAYYANAVAR CHANNAPPA S/O. MAHADEVAPPA, AGE: 40 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO. 28 TO 43 ARE R/O. CHIKKAMALLIGAWAD VILLAGE, TQ AND DIST: DHARWAD-580007] - 11 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 44. KONANAVAR BASAPPA S/O. SHIVALINGAPPA, AGE: 80 YEARS, OCC: AGRICULTURIST, 45. JODAGENAVAR ADIVEVVA W/O. GOOLAPPA, AGE: 68 YEARS, OCC: AGRICULTURIST, 46. DODAMANI ULAVAVVA W/O. RENAVAPPA, AGE: 65 YEARS, OCC: AGRICULTURIST, 47. KONANAVAR ULAVAPPA S/O. FAKKIRAPPA, AGE: 60 YEARS, OCC: AGRICULTURIST, 48. SABARAD MALLAVVA W/O. SHANKRAPPA, AGE: 58 YEARS, OCC: AGRICULTURIST, 49. GANTI SAVAKKA W/O. BASAPPA AGE: 55 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO. 44 TO 49 ARE R/O. CHIKKAMALLIGAWAD VILLAGE, TQ AND DIST: DHARWAD-580007] 50. HUCHCHAYYANAVAR SHIVALINGAPPA S/O. MALLESHAPPA, AGE: 68 YEARS, OCC: AGRICULTURIST, 51. HUCHCHAYYANAVAR CHANDRASHEKHAR S/O. MALLESHAPPA, AGE: 65 YEARS, OCC: AGRICULTURIST, 52. HUCHCHAYYANAVAR BASAVARAJ S/O. MALLESHAPPA, AGE: 59 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO. 50 TO 52 ARE R/O. CHIKKAMALLIGAWAD VILLAGE, TQ AND DIST: DHARWAD-580007] - 12 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 53. ANGADI ADIVEPPA S/O. BASAVANNEPPA, AGE: 63 YEARS, OCC: AGRICULTURIST, 54. ANGADI PARAPPA S/O. BASAVANNEPPA, AGE: 58 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO. 53 TO 54 ARE R/O. CHIKKAMALLIGAWAD VILLAGE, TQ AND DIST: DHARWAD-580007] 55. RAMAPUR LAXMAPPA S/O. FAKKIRAPPA, AGE: 60 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE, TQ AND DIST: DHARWAD-580007. …PETITIONERS (BY SRI. H.R. GUNDAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES & COMMERCE VIKASA SOUDHA, BENGALURU-560001 BY ITS SECRETARY. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS, CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER, NO.49, 4TH & 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 3. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS, SPECIAL DEPUTY COMMISSIONER, NO.49, 4TH & 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 4. THE SPECIAL LAND ACQUISITION OFFICER, THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, LAKKAMANAHALLI, P.B. ROAD, DHARWAD-580004. - 13 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 5. THE DEPUTY COMMISSIONER, DHARWAD- DISTRICT, DHARWAD-580001. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1 & R5; SRI. P.N. HATTI, ADVOCATE FOR R2-R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR OTHER APPROPRIATE ORDER OR DIRECTIONS TO QUASH THE IMPUGNED NOTIFICATION BEARING NO. CI 120 SPQ 2009, BANGALORE DATED 05.06.2009 ISSUED UNDER SECTION 28(1) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT, 1966 AND IT WAS PUBLISHED IN THE KARNATAKA STATE GAZETTE DATED 08.06.2009 UNDER SECTION 3(1) KIADB ACT 1966 BY THE 1ST RESPONDENT AND THE FINAL DECLARATION ISSUED UNDER SECTION 28(4) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT BEARING NO. CI 33 SPQ(E) 2021 DATED 07.07.2022, BY THE 1ST RESPONDENT, VIDE ANNEXURE-B AND F; IN THE ALTERNATIVELY, THE PETITIONER’S PRAYED THAT IN THE EVENT OF 1ST PRAYER, IS NOT PERMISSIBLE UNDER LAW, THEN THE RESPONDENT AUTHORITIES MAY BE DIRECTED PAY COMPENSATION TO THE PETITIONER’S NOTIFIED LAND, UNDER THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, FROM 07.07.2022, PUBLICATION OF 28(4) K.I.A.D.B., FINAL NOTIFICATION. IN WRIT PETITION NO. 102564 OF 2023 BETWEEN: 1. RAMAPUR FAKKIRAPPA. S/O. LAXMAPPA, AGE: 70 YEARS, OCC: AGRICULTURIST, 2. RAMAPUR GANGAPPA S/O. RAMAPPA, AGE: 68 YEARS, OCC: AGRICULTURIST, 3. MALLIGAWAD TAYAVVA W/O. NINGAPPA, AGE: 60 YEARS, OCC: AGRICULTURIST, 4. KALLUR BASAVVA W/O. SOMAPPA, AGE: 58 YEARS, OCC: AGRICULTURIST, - 14 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 5. RAMAPUR BASAVARAJ S/O. RYAVAPPA, AGE: 55 YEARS, OCC: AGRICULTURIST, 6. RAMAPUR SURESH S/O. RYAVAPPA, AGE: 53 YEARS, OCC: AGRICULTURIST, 7. TALAWAI GANGAVVA W/O. YALLAPPA, AGE: 51 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO. 1 TO 7 ARE R/O CHIKKAMALLIGAWAD VILLAGE TQ & DIST. DHARWAD-580007.] 8. VEERAYYA S/O. KARABASAYYA PUJAR, AGE: 56 YEARS, OCC: AGRICULTURIST, 9. IRAYYA S/O. KARABASAYYA PUJAR, AGE: 52 YEARS, OCC: AGRICULTURIST, 10. GANGAVVA W/O. SRIPADAYYA PUJAR, AGE: 54 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO. 8 TO 10 ARE R/O. CHIKKAMALLIGAWAD VILLAGE TQ & DIST. DHARWAD-580007.] 11. SHANTAVVA W/O. SHIVAPUTRAYYA PUJAR, AGE: 70 YEARS, OCC: AGRICULTURIST, 12. VEERABHADRAYYA S/O. SHIVAPUTRAYYA PUJAR, AGE: 40 YEARS, OCC: AGRICULTURIST, 13. MAHANTAYYA S/O. SHIVAPUTRAYYA PUJAR, AGE: 35 YEARS, OCC: AGRICULTURIST, 14. GANGAVVA W/O. IRAYYA KULAKARNI, AGE: 42 YEARS, OCC: AGRICULTURIST, - 15 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER [THE PETITIONERS NO. 11 TO 14 ARE R/O CHIKKAMALLIGAWAD VILLAGE TQ & DIST. DHARWAD-580007.] 15. MANJAPPA S/O. BHIMAPPA KALLUR, AGE: 53 YEARS, OCC: AGRICULTURIST, 16. BASAPPA S/O. MAILARAPPA KALLUR, AGE: 45 YEARS, OCC: AGRICULTURIST, 17. KALLUR PARAVVA W/O. YALLAPPA, AGE: 65 YEARS, OCC: AGRICULTURIST, 18. HONNAKKANAVAR CHANNAVVA W/O. SHEKHAPPA, AGE: 50 YEARS, OCC: AGRICULTURIST, 19. KALLUR BASAVARAJ S/O. YALLAPPA, AGE: 42 YEARS, OCC: AGRICULTURIST, 20. KALLUR SHIVANAND S/O. MALLAPPA, AGE: 52 YEARS, OCC: AGRICULTURIST, 21. BASAVVA W/O. MALLAPPA KALLUR, AGE: 70 YEARS, OCC: AGRICULTURIST, 22. SADARA KALLAVVA W/O. BASAPPA, AGE: 58 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO. 15 TO 22 ARE R/O CHIKKAMALLIGAWAD VILLAGE TQ & DIST. DHARWAD-580007.] 23. IRAPPA S/O. MALLAPPA BETAGERI @ UGARAGOLA, AGE: 62 YEARS, OCC: AGRICULTURIST, 24. MADIVALLAPPA S/O. MALLAPPA BETAGERI @ UGARAGOLA, AGE: 51 YEARS, OCC: AGRICULTURIST, - 16 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 25. NAGAPPA S/O. MALLAPPA BETAGERI @ UGARAGOLA, AGE: 40 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO. 23 TO 25 ARE R/O CHIKKAMALLIGAWAD VILLAGE TQ & DIST. DHARWAD-580007.] 26. PATIL VATSALABAI W/O. DEVENDRAGOUDA, AGE: 66 YEARS, OCC: AGRICULTURIST, 27. GEETA W/O. ARJUNAGOUDA PATIL, AGE: 38 YEARS, OCC: AGRICULTURIST, 28. KALAVATHI D/O. DEVENDRAGOUDA PATIL, AGE: 34 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO. 26 TO 28 ARE R/O CHIKKAMALLIGAWAD VILLAGE TQ & DIST. DHARWAD-580007.] 29. RAMAPUR BASAVARAJA S/O. RYAVAPPA, AGE: 55 YEARS, OCC: AGRICULTURIST, 30. RAMAPUR SURESH S/O. RYAVAPPA, AGE: 53 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO. 29 TO 30 ARE R/O CHIKKAMALLIGAWAD VILLAGE TQ & DIST. DHARWAD-580007.] 31. GURUSIDDAPPA S/O. FAKKIRAPPA ANGADI, AGE: 40 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE, TQ & DIST: DHARWAD-580007. 32. ANGADI RATNAVVA W/O. SHIDDAPPA, AGE: 64 YEARS, OCC: AGRICULTURIST, - 17 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 33. ANGADI SHARANAPPA S/O. SHIDDAPPA, AGE: 38 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO. 32 TO 33 ARE R/O CHIKKAMALLIGAWAD VILLAGE TQ & DIST. DHARWAD-580007.] 34. HURAKADLI MALLAPPA S/O. SHANKRAPPA, AGE: 65 YEARS, OCC: AGRICULTURIST, R/O CHIKKAMALLIGAWAD VILLAGE TQ & DIST. DHARWAD-580007. 35. ANGADI BASAVANNEPPA S/O. ULAVAPPA, AGE: 65 YEARS, OCC: AGRICULTURIST, 36. PARVATEVVA @ PARVATI W/O. MADIVALAPPA HAMPANNAVAR, AGE: 65 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO. 35 TO 36 ARE R/O CHIKKAMALLIGAWAD VILLAGE TQ & DIST. DHARWAD-580007.] 37. ANGADI ADIVEPPA S/O. BASAVANNEPPA, AGE: 63 YEARS, OCC: AGRICULTURIST, R/O CHIKKAMALLIGAWAD VILLAGE TQ & DIST. DHARWAD-580007. 38. ANGADI SEDEPPA S/O. GURUBASAPPA, AGE –68 YEARS, OCC: AGRICULTURIST, 39. ANGADI SHIVARUDRAPPA S/O. GURUBASAPPA, AGE: 65 YEARS, OCC: AGRICULTURIST, 40. ANGADI MALLAVVA W/O. MAHADEVAPPA, AGE: 61 YEARS, OCC: AGRICULTURIST, 41. BALI CHANNAVVA W/O. MADIVALAPPA, AGE: 60 YEARS, OCC: AGRICULTURIST, - 18 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 42. TOTAD INDRAVVA W/O. MALLIKARJUN, AGE: 58 YEARS, OCC: AGRICULTURIST, 43. ANGADI SUJATA W/O. ASHOK, AGE: 42 YEARS, OCC: AGRICULTURIST, 44. ANGADI MANJUNATH S/O. BASAPPA, AGE: 40 YEARS, OCC: AGRICULTURIST, 45. ANGADAKI @ ANGADI NINGAPPA S/O. TAMMANNA @ SANNABASAPPA, AGE: 58 YEARS, OCC: AGRICULTURIST, 46. ANGADAKI @ ANGADI GANGAVVA W/O. SHIVANAND, AGE: 56 YEARS, OCC: AGRICULTURIST, 47. ANGADAKI @ ANGADI BASAVARAJ S/O. TAMMANNA @ SANNABASAPPA, AGE: 45 YEARS, OCC: AGRICULTURIST, 48. ANGADAKI @ ANGADI SAHADEV S/O. TAMMANNA @ SANNABASAPPA, AGE: 42 YEARS, OCC: AGRICULTURIST, 49. ANGADAKI @ ANGADI MANJUNATH S/O. TAMMANNA @ SANNABASAPPA, AGE: 40 YEARS, OCC: AGRICULTURIST, 50. ANGADAKI @ ANGADI NAGARAJ S/O. TAMMANNA @ SANNABASAPPA, AGE: 38 YEARS, OCC: AGRICULTURIST, 51. ANGADI @ ANGADAKI SHANTAVVA W/O. MALLAPPA, AGE: 68 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS NO. 38 TO 51 ARE R/O CHIKKAMALLIGAWAD VILLAGE TQ & DIST. DHARWAD-580007.] …PETITIONERS (BY SRI. H.R. GUNDAPPA, ADVOCATE) - 19 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES & COMMERCE VIKASA SOUDHA, BENGALURU-560001 BY ITS SECRETARY. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS, CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER, NO.49, 4TH & 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 3. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS, SPECIAL DEPUTY COMMISSIONER, NO.49, 4TH & 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 4. THE SPECIAL LAND ACQUISITION OFFICER, THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, LAKKAMANAHALLI, P.B. ROAD, DHARWAD-580004. 5. THE DEPUTY COMMISSIONER, DHARWAD- DISTRICT, DHARWAD-580001. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1 & R5; SRI. P.N. HATTI, ADVOCATE FOR R2-R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR OTHER APPROPRIATE ORDER OR DIRECTIONS TO QUASH THE IMPUGNED NOTIFICATION BEARING NO.CI 120 SPQ 2009, BANGALORE DATED 05.06.2009 ISSUED UNDER SECTION 28(1) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT, 1966 AND IT WAS PUBLISHED IN THE KARNATAKA STATE GAZETTE DATED 08.06.2009 UNDER SECTION 3(1) KIADB ACT 1966 BY THE 1ST RESPONDENT AND THE FINAL DECLARATION ISSUED UNDER SECTION 28(4) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT, BEARING NO. CI 33. SPQ (E) 2021 DATED 07.07.2022 ISSUED BY THE 1ST RESPONDENT, - 20 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER VIDE ANNEXURE-B AND F; IN THE ALTERNATIVELY, THE PETITIONER’S PRAYED THAT IN THE EVENT OF 1ST PRAYER, IS NOT PERMISSIBLE UNDER LAW, THEN THE RESPONDENT AUTHORITIES MAY BE DIRECTED PAY COMPENSATION TO THE PETITIONER’S NOTIFIED LAND, UNDER THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013. RIGHT FROM 07.07.2022, PUBLICATION OF 28(4) K.I.A.D.B. FINAL NOTIFICATION AND ETC. IN WRIT PETITION NO. 103414 OF 2023 BETWEEN: 1. METYAL MAHADEVAPPA S/O. YALLAPPA, AGE: 61 YEARS, OCC: AGRICULTURIST, 2. METYAL MADIVALAPPA S/O. YALLAPPA, AGE: 56 YEARS, OCC: AGRICULTURIST, 3. METYAL NINGAPPA S/O. YALLAPPA, AGE: 50 YEARS, OCC: AGRICULTURIST, [THE PETITIONER’S, NO. 1 TO 3 ARE R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007.] 4. KAMMAR PUSPALATA W/O. BASAVARAJ, AGE: 55 YEARS, OCC: AGRICULTURIST, R/O CHIKKAMALLIGAWAD VILLAGE, TQ & DIST. DHARWAD-580007. 5. AMAR S/O. BABURAO MOKASHI, AGE: 42 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007. 6. TALAWAR SHIDDAPPA S/O. HANAMANTAPPA, AGE: 52 YEARS, OCC: AGRICULTURIST, 7. AJJAPPA S/O. SAVANTAPPA TALWAR, AGE: 34 YEARS, OCC: AGRICULTURIST, - 21 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER [THE PETITIONER’S, NO. 6 TO 7 ARE R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007.] 8. KORI MARUTI S/O. PAKKIRAPPA, AGE: 58 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007. 9. NAIKAR LAKSMANAGOUDA S/O. RAMANAIK, AGE: 79 YEARS, OCC: AGRICULTURIST, 10. PATIL @ NAIKAR AKKABAI W/O. HANAMANTAGOUDA, AGE: 60 YEARS, OCC: AGRICULTURIST, 11. RAMANAGOUDA S/O. DEVARAJ PATIL, AGE: 38 YEARS, OCC: AGRICULTURIST, [THE PETITIONERS, NO. 9 TO 11 ARE R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007.] 12. KHAZI NOORAHMMED S/O. MOHAMMED ISMAYIL, AGE: 55 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007. 13. KAMMAR MAHENDRAKUMAR S/O. BABURAO, AGE: 51 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007. 14. BASAVARAJ S/O. RACHAYYA VASTRAD, AGE: 68 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007. - 22 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 15. SANJAY S/O. BASAVARAJ VASTRAD, AGE: 45 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007. 16. CHIKKANNAVAR BASAPPA S/O. NINGAPPA, AGE: 63 YEARS, OCC: AGRICULTURIST, 17. CHIKKANNAVAR SHIVAPPA S/O. NINGAPPA, AGE: 59 YEARS, OCC: AGRICULTURIST, 18. CHIKKANNAVAR GANGAPPA S/O NINGAPPA, AGE: 55 YEARS, OCC: AGRICULTURIST, [THE PETITIONER’S, NO. 16 TO 18 ARE R/O. MUMMIGATTI VILLAGE , TQ & DIST: DHARWAD-580007.] 19. MARITAMMANAVAR RUDRAPPA S/O. NINGAPPA, AGE: 62 YEARS, OCC: AGRICULTURIST, R/O. MUMMIGATTI VILLAGE, TQ & DIST: DHARWAD-580007. 20. KALLAPPA S/O. SHANKARAPPA HULLAMBI, AGE: 59 YEARS, OCC: AGRICULTURIST, 21. NAGAPPA S/O. RAMAPPA MANIKATTI, AGE: 42 YEARS, OCC: AGRICULTURIST, 22. GOURAVVA W/O. RUDRAPPA NAVALUR, AGE: 70 YEARS, OCC: AGRICULTURIST, 23. MANJULA W/O. SHIVAPPA NAVALUR, AGE: 45 YEARS, OCC: AGRICULTURIST, 24. GANGAVVA MAILARAPPA KALLUR, AGE: 65 YEARS, OCC: AGRICULTURIST, - 23 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 25. METI KALLAVVA W/O. HANAMANTAPPA, AGE: 60 YEARS, OCC: AGRICULTURIST, [THE PETITIONER’S, NO. 20 TO 25 ARE R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007.] 26. HARAKUNI SHANTAVVA W/O. CHANNABASAPPA, AGE: 36 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007. 27. CHIKKANNAVAR KALLAPPA S/O. SHIDDALINGAPPA, AGE: 56 YEARS, OCC: AGRICULTURIST, R/O. MUMMIGATTI VILLAGE, TQ & DIST. DHARWAD-580007. 28. BASAPPA S/O. BASAVANNEPPA RADDIGERI, AGE: 56 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007. 29. HEGGERI BASAPPA S/O. PAKKIRAPPA, AGE: 56 YEARS, OCC: AGRICULTURIST, R/O. MUMMIGATTI VILLAGE, TQ & DIST. DHARWAD-580007. 30. PATIL YALLANAYAK S/O. GULANAYAK, AGE: 58 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007. 31. LAXMI W/O. MAHADEVAPPA HUCHCHAYYANAVAR, AGE: 59 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007. - 24 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 32. NAGAPPA S/O. MALLAPPA BETAGERI @ UGARAGOL, AGE: 43 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007. 33. DODAWAD MALLAVVA W/O. MAHANTESH, AGE: 65 YEARS, OCC: AGRICULTURIST, 34. ANGADI BASAPPA S/O. GURUPADAPPA, AGE: 48 YEARS, OCC: AGRICULTURIST, [THE PETITIONER’S, NO. 33 TO 34 ARE R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007.] 35. BASVANNEVVA W/O. B. FAKKIRAPPA ANGADI, AGE: 75 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007. 36. BADIGER NINGAPPA S/O. SHIRASAPPA, AGE: 58 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007. 37. MASUTI SEEMA W/O. ASHOK, AGE: 55 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007. 38. SUMITRA MUDAKAVI W/O. SIDDALINGESWAR, AGE: 48 YEARS, OCC: AGRICULTURIST, R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007. 39. KALLAYYANAVAR BASAPPA S/O. ADIVEPPA, AGE: 42 YEARS, OCC: AGRICULTURIST, - 25 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 40. KALLAYYANAVAR MAILARAPPA S/O. ADIVEPPA, AGE: 31 YEARS, OCC: AGRICULTURIST, [THE PETITIONER’S, NO. 39 TO 40 ARE R/O. CHIKKAMALLIGAWAD VILLAGE , TQ & DIST: DHARWAD-580007.] …PETITIONERS (BY SRI. H.R. GUNDAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES & COMMERCE VIKASA SOUDHA, BENGALURU-560001 BY ITS SECRETARY. 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS, CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER, NO.49, 4TH & 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 3. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REPRESENTED BY ITS, SPECIAL DEPUTY COMMISSIONER, NO.49, 4TH & 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001. 4. THE SPECIAL LAND ACQUISITION OFFICER, THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, LAKKAMANAHALLI, P.B. ROAD, DHARWAD-580004. 5. THE DEPUTY COMMISSIONER, DHARWAD- DISTRICT, DHARWAD-580001. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1 & R5; SRI. P.N. HATTI, ADVOCATE FOR R2-R4) - 26 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORRI OR OTHER APPROPRIATE ORDER OR DIRECTIONS TO QUASH THE IMPUGNED NOTIFICATION BEARING NO. CI 120 SPQ 2009, BANGALORE DATED 05.06.2009 ISSUED UNDER SECTION 28(1) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT, 1966 AND IT WAS PUBLISHED IN THE KARNATAKA STATE GAZATTE DATED 08.06.2009 UNDER SECTION 3(1) KIADB ACT 1966 BY THE 1ST RESPONDENT AND THE FINAL DECLARATION ISSUED UNDER SECTION 28(4) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT, DATED 07.07.2022 ISSUED BY THE 1ST RESPONDENT, VIDE ANNEXURE-B AND F; IN THE ALTERNATIVELY, THE PETITIONER’S PRAYED THAT IN THE EVENT OF 1ST PRAYER, IS NOT PERMISSIBLE UNDER LAW, THEN THE RESPONDENT AUTHORITIES MAY BE DIRECTED PAY COMPENSATION TO THE PETITIONER’S NOTIFIED LAND UNDER THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, RIGHT FROM 07.07.2022, PUBLICATION OF 28(4) K.I.A.D.B., FINAL NOTIFICATION. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners in all the above matters are before this Court seeking for the following reliefs: IN WRIT PETITION NO.102585/2023 I. To issue Writ in the nature of Certiorari or other appropriate order or directions to Quash the impugned Notification bearing No. CI 120 SPQ 2009, Bangalore dated 05.06.2009 issued under Section 28(1) of the Karnataka Industrial Area Development Board Act, 1966 and it was published in the Karnataka State Gazette dated 08.06.2009 - 27 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER under section 3(1) KIADB act 1966 by the 1st respondent and the final declaration no.CI33.SPQ (E) 2021 issued under section 28(4) of the Karnataka industrial Area Development Board Act, dated 07.07.2022 issued by the 1st respondent, vide ANNEXURE-B and F in so far as petitioner’s concerned; II. In the alternatively, the Petitioner’s prayed that in the event of 1st prayer, is not permissible under law, then the Respondent authorities may be directed pay compensation to the Petitioner’s notified land under the Right to Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013, Right from o7.07.2022, publication of 28(4) K.I.A.D.B., Final Notification. III. Grant such other suitable relief’s as this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity. IN WRIT PETITION NO.102554/2023 I. To issue Writ in the nature of Certiorari or other appropriate Order or directions to Quash the impugned Notification bearing no. CI 120 SPQ 2009, Bangalore dated 05.06.2009 issued under Section 28(1) of the Karnataka Industrial Area Development Board Act, 1966 and it was published in the Karnataka State Gazette dated 08.06.2009 under Section 3(1) KIADB act 1966 by the 1st Respondent and the Final Declaration issued under Section 28(4) of the Karnataka Industrial Area Development Board Act bearing No. Ci 33 Spq(E) 2021 dated 07.07.2022, by the 1st respondent, vide - 28 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER ANNEXURE-B and F in so far as petitioner’s are concerned; II. In the alternatively, the Petitioner’s prayed that in the event of 1st prayer, is not permissible under law, then the Respondent authorities may be directed pay compensation to the Petitioner’s notified land, under the Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013, from 07.07.2022, publication of 28(4) K.I.A.D.B., Final Notification. III. Grant such other suitable relief’s as this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity. IN WRIT PETITION NO.102564/2023 I. To issue Writ in the nature of Certiorari or other appropriate Order or directions to Quash the Impugned Notification bearing no.CI 120 SPQ 2009, Bangalore dated 05.06.2009 issued under Section 28(1) of the Karnataka Industrial Area Development Board Act, 1966 and it was published in the Karnataka State Gazette dated 08.06.2009 under Section 3(1) KIADB Act 1966 by the 1st respondent and the Final Declaration issued under Section 28(4) of the Karnataka Industrial Area Development Board Act, bearing no. CI 33. SPQ (E) 2021 dated 07.07.2022 issued by the 1st respondent, vide ANNEXURE-B AND F in so far as petitioner’s are concerned; II. In the alternatively, the Petitioner’s prayed that in the event of 1st prayer, is not - 29 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER permissible under law, then the Respondent authorities may be directed pay compensation to the Petitioner’s notified land, under the Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013. Right from 07.07.2022, publication of 28(4) K.I.A.D.B. Final Notification. III. Grant such other suitable relief’s as this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity. IN WRIT PETITION NO.103414/2023 I. To issue writ in the nature of Certiorari or other appropriate Order or directions to Quash the Impugned Notification bearing No. CI 120 SPQ 2009, Bangalore dated 05.06.2009 issued under Section 28(1) of the Karnataka Industrial Area Development Board Act, 1966 and it was published in the Karnataka State Gazatte dated 08.06.2009 under Section 3(1) KIADB Act 1966 by the 1st Respondent and the final declaration issued under section 28(4) of the Karnataka Industrial Area Development Board Act, dated 07.07.2022 issued by the 1st respondent, vide Annexure-B And F in so far as petitioner’s are concerned; II. In the alternatively, the Petitioner’s prayed that in the event of 1st prayer, is not permissible under law, then the Respondent authorities may be directed pay compensation to the Petitioner’s notified land under the Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013, right from - 30 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 07.07.2022, publication of 28(4) K.I.A.D.B., Final Notification. III. Grant such other suitable relief’s as this Hon’ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity. 2. In all the above matters, what is essentially challenged is the preliminary notification under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (‘the KIAD Act’, for short) dated 05.06.2009/08.06.2009, the order of the SLAO dated 03.03.2010, and the final notification under Section 28(4) of KIAD Act issued on 07.07.2022. 3. The submission of Sri. H. R. Gundappa, learned counsel for the petitioners, is also that, post the final notification, no award has been passed, and the possession continues to be with that of the petitioners. - 31 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER 4. Sri. P. N. Hatti, learned counsel for the KIADB, would submit that, immediately upon issuance of the notification under Section 28(4) of the KIAD Act, the land is automatically vested with the State and therefore, whether physical possession is taken or not, the possession is deemed to have been vested with the State, and on that ground, he submits that the petitioners cannot take any advantage of the said possession not being taken over. 5. Having heard both the counsel, what is made clear is that there is a preliminary notification issued way back in the year 2009, the final notification has been issued in the year 2022, and the possession continues to be with that of the petitioners. Though a claim of automatic vesting is made by the KIADB, there being an inordinate excessive delay in the issuance of the final notification, if the preliminary and final notification continue to subsist, then the compensation which is required to be awarded to - 32 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER the petitioners would have to be computed as on the date on which the preliminary notification was issued, that is, on 05.06.2009/08.06.2009, which in my considered opinion, would cause grave loss and hardship to the landowner, providing unfair benefit to the KIADB and/or the State, which cannot be so taken either by the KIADB or by the State, for the KIADB being an instrumentality of the State and the State being vested with a duty to preserve the rights of the citizen. 6. Though a submission has been made by Sri. P. N. Hatti, learned counsel for the KIADB, that the final notification was issued on 07.07.2022, and the writ petition was filed on 17.03.2023, there being an inordinate delay of nearly 8 months, in my considered opinion, there cannot be any such delay which could be attributed to the petitioners, more so when the delay on the part of the KIADB and the State is glaring on the face of the records, the - 33 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER preliminary notification was issued on 05.06.2009 and the final notification was issued on 07.07.2022. 7. In view of the matter, I pass the following: ORDER i. The writ petitions are allowed. ii. In all the above matters, the preliminary notification bearing No.CI 120 SPQ 2009 issued under Section 28(1) of the KIAD Act, insofar as the land of the petitioners is concerned, is quashed. The final notification bearing No.CI 33 SPQ (E) 2021 issued under Section 28(4) of the KIAD Act, insofar as the land of the petitioners is concerned, are hereby quashed. iii. Liberty is reserved to the respondents to initiate fresh acquisition proceedings, insofar as the land of the petitioners is - 34 - NC: 2025:KHC-D:2627 WP No. 102585 of 2023 C/W WP No. 102554 of 2023 WP No. 102564 of 2023 AND 1 OTHER concerned, and make payment of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 1 Sl No.: 76