- 1 - HC-KAR NC: 2025:KHC:50497 WP No. 27601 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.27601 OF 2023 (LA-KIADB) BETWEEN: CHANNAKESHAVA MURTHY .C S/O N.V. CHANNARAYAPPA, AGED 57 YEARS, R/AT NO.813/697 (OLD NO.38) 2ND CROSS, RAILWAY STATION ROAD, SUGAPPA LAYOUT, YELAHANKA, BENGALURU-560064. …PETITIONER (BY SRI P.M. NAYAK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER. 3. THE SPECIAL LAND ACQUISITION OFFICER-2 (BMICP) ZONAL OFFICE, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, 1ST FLOOR, ARAVINDA BHAVAN, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50497 WP No. 27601 of 2023 NRUPATHUNGA ROAD, BANGALORE-560001. 4. THE MEMBER SECRETARY KARNATAKA STATE POLLUTION CONTROL BOARD, “PARISARA BHAVANA”, 1ST TO 5TH FLOOR, NO.49, CHURCH STREET , BANGALORE-560001. 5. DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, DISTRICT OFFICE COMPLEX, BEERASANDRA VILLAGE, DEVANAHALLI TALUK-562110. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1 & R-5; SRI GURURAJ JOSHI, ADVOCATE FOR R-4; SRI ASHOK N. NAIK, ADVOCATE FOR R-2 & R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING NOTIFICATION NO.CI 17 SPQ (E) 2022 DATED 07.02.2022 (PUBLISHED ON 10.02.2022) ISSUED UNDER SECTION 1(3), 3(1) AND 28(1) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT ACT, 1966, AS PER ANNEXURE-A IN SO FAR AS IT RELATES TO THE PETITIONER’S GARDEN LAND MEASURING 1 ACRE 14 GUNTAS IN SURVEY NO.87/2 AND LAND MEASURING 1 ACRE 14 GUNTAS IN SY.NO.87/3 OF NAGADENAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPUR TALUK 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:50497 WP No. 27601 of 2023 ORAL ORDER The petitioner has called in question the impugned endorsement issued by respondent-Special Land Acquisition Officer (SLAO), insofar as it relates to the petitioner's land bearing Sy.No.87/2, measuring 1 acre 14 guntas and Sy.No.87/3, measuring 1 acre 14 guntas, situated at Nagadenahalli Village, Kasaba Hobli, Doddaballapur Taluk, acquired under Section 28 of the Karnataka Industrial Areas Development Act, 1966 (‘KIAD, Act’ for short). 2. The grievance of the petitioner is that the objections filed by him seeking exemption of his fully developed garden lands have not been considered in the manner mandated under law and contrary to the binding of Government circular dated 18.03.2013. 3. Learned counsel for the petitioner contends that land in Sy.Nos.87/2 and 87/3 constitute a fully developed garden with several hundred grown trees of environmental - 4 - HC-KAR NC: 2025:KHC:50497 WP No. 27601 of 2023 and economic significance, and that the Government's circular dated 18.03.2013, specifically directs exclusion of the developed garden lands at the stage of preliminary notification. It is further urged that the SLAO has mechanically issued the impugned endorsement declining to consider the request for de-notification solely on the ground that the final notification has been issued, without applying mind to the circular and without holding a meaningful enquiry under Section 28(3) of the KIAD, Act. 4. Learned counsel for the respondents on the other hand contends that the acquisition is part of a large integrated industrial layout and the circular is only a guideline, which cannot be applied where exclusion affects compactness of industrial blocks. It is further contended that the petitioner had at a later stage sought developed land instead of compensation and therefore cannot now challenge acquisition. It is also urged that, the SLAO has already considered all relevant aspects and issued the endorsement in accordance with law. - 5 - HC-KAR NC: 2025:KHC:50497 WP No. 27601 of 2023 5. Having heard the learned counsel for the parties and perused the material on record, it is undisputed that the petitioner had filed detailed objections seeking exclusion of his fully developed garden lands in light the Government's circular dated 18.03.2013 (Annexure-R), which mandates that the garden lands ought to be examined for possible exclusion at the preliminary stage itself. The SLAO has not considered the objections in light of the said circular, nor has a reasoned order been passed under Section 28(3) of the KIAD, Act. 6. The mechanical issuance of the endorsement only on the ground that the final notification has been issued, defeats the very object of the statutory scheme and ignores the requirement of a meaningful enquiry prior to the finalization of acquisition. Accordingly, interference is warranted and matter requires reconsideration by the SLAO in accordance with law, with due reference to the Government circular dated 18.03.2013. All the rival contentions are kept open to be considered by the SLAO - 6 - HC-KAR NC: 2025:KHC:50497 WP No. 27601 of 2023 during such consideration. Accordingly, this Court pass the following: ORDER i. The writ petition is allowed. ii. The impugned endorsement (Annexure-G) insofar as it relates to the petitioner's land bearing Sy.No.87/2, measuring 1 acre 14 guntas and Sy.No.87/3, measuring 1 acre 14 guntas is hereby quashed. Consequently, the final notification dated 07.03.2023 issued under Section 28(4) of the KIAD, Act, insofar as it relates to the aforesaid lands of the petitioner is also quashed. iii. The matter is remitted back to the Special Land Acquisition Officer to reconsider the petitioner's objections, strictly in light of the Government's circular dated 18.03.2013 (Annexure-R) and to pass a reasoned order after affording sufficient - 7 - HC-KAR NC: 2025:KHC:50497 WP No. 27601 of 2023 and reasonable opportunity of hearing to the petitioner. iv. Till such consideration is completed and a fresh order is passed, possession of the petitioner shall not be disturbed. v. The petitioner shall appear before the SLAO on 18.12.2025, without awaiting further notice. vi. The SLAO shall endure to pass appropriate orders as expeditiously as possible. vii. All contentions of both the parties are kept open. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 38