- 1 - HC-KAR NC: 2025:KHC:54637 WP No. 24436 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.24436 OF 2025 (LA-KIADB) BETWEEN: 1. SMT. RATHNAMMA W/O LATE SHIVASHANKARAPPA, AGED ABOUT 68 YEARS, 2. MR. NAGARAJU, S/O LATE SHIVASHANKARAPPA, AGED ABOUT 54 YEARS, 3. SMT. KALAVATHI, D/O LATE SHIVASHANKARAPPA, AGED ABOUT 52 YEARS, 4. SMT. MAJULA, D/O LATE SHIVASHANKARAPPA, AGED ABOUT 50 YEARS, 5. SRI J.S. BASAVARAJU, S/O LATE SHIVANNA, AGED ABOUT 63 YEARS, 6. SRI SADASHIVAIAH, S/O LATE SHIVANNA, AGED ABOUT 62 YEARS, 7. SRI G.S. PANCHAKSHARI, S/O LATE SHIVANNA, AGED ABOUT 55 YEARS, ALL ARE R/AT GONIPURA VILLAGE, K. GOLLAHALLI POST, BENGALURU-560074. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54637 WP No. 24436 of 2025 8. SMT. SHIVAMMA, W/O LATE NANJUNDAPPA, AGED ABOUT 82 YEARS, RESIDING AT HEMAPURA VILLAGE, BANAWADI POST, NELLAMANGALA-562127. 9. SMT. GOWRAMMA, D/O LATE SHIVANNA, AGED ABOUT 70 YEARS, RESIDING AT PATTANAGERE, RAJARAJESHWARI POST, BENGALURU-560098. 10. SMT. SHARADAMBA, D/O LATE SHIVANNA, AGED ABOUT 50 YEARS, RESIDING AT BANNIKUPPE VILLAGE, GANKAL POST, BIDADI HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT, ALL REPRESENTED BY THEIR GPA HOLDER, SRI HARASHA NANDAN K.G., S/O K.R. GOPALKRISHNA, AGED ABOUT 45 YEARS, RESIDING AT NO.86, 4TH CROSS, NANDIDEEPA LAYOUT, PATTANGERE, RAJARAJESHWARINAGAR, BENGALURU-560098. …PETITIONERS (BY SRI RANJITH GOTUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, DR. B.R. AMBEDKAR ROAD, BENGALURU-560001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD KIADB HEAD OFFICE, 14/3, 2ND FLOOR, R.P. BUILDINGS, NRUPATUNGA ROAD, BENGALURU-560001. - 3 - HC-KAR NC: 2025:KHC:54637 WP No. 24436 of 2025 ALSO AT KHANIJA BHAVAN, 4TH AND 5TH FLOOR, EAST WING, RACE COURSE ROAD, BENGALURU-560001. 3. THE SPECIAL LAND ACQUISITION OFFICER-1 (BMICP) KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/3, 1ST FLOOR, ARVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560001. 4. NANDI ECONOMIC CORRIDOR ENTERPRISES LIMITED (INCORPORATED UNDER THE COMPANIES ACT, 1956) NO.1, MIDFORD HOUSE, MIDFORD GARDENS, OFF MAHATMA GANDHI ROAD, BENGALURU-560001. 5. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LIMITED (INCORPORATED UNDER THE COMPANIES ACT, 1956) NO.1, MIDFORD HOUSE, MIDFORD GARDENS, OFF MAHATMA GANDHI ROAD, BENGALURU-560001. …RESPONDENTS (BY SRI RAVINDRA V. REDDY, SPECIAL COUNSEL FOR R-1; SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R-2 & R-3; SRI NITIN PRASAD, ADVOCATE FOR R-4 & R-5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED PRELIMINARY NOTIFICATIONS NO.CI 166 SPQ 2006 BENGALURU DATED 14.06.2006 VIDE ANNEXURE-A 19.12.1998, 06.07.2000, 29.01.2003, 31.01.2003 AND FINAL NOTIFICATION DATED 21.03.2009 BEARING NO.CI 654 SPQ 2008 BENGLAURU VIDE ANNEXURE-B, ISSUED UNDER THE KIAD ACT, AS BEING ARBITRARY, VITIATED, STALE, ABANDONED AND CONTRARY TO CONSTITUTIONAL GUARANTEES AND ETC. THIS PETITION COMING ON FOR HEARING – INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 4 - HC-KAR NC: 2025:KHC:54637 WP No. 24436 of 2025 ORAL ORDER The petitioners have called in question the acquisition preliminary notifications dated 19.12.1998, 06.07.2000, 29.01.2003, 31.01.2003 and 14.06.2006 initiated under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (‘KIAD Act’ for short) and final notification dated 21.03.2009 initiated under Section 28(4) of the KIAD Act in respect of lands, Sy.Nos.7/1 and 7/2 measuring total extent of 5 acres 09 guntas situated at Gonipura Village, Kengeri Hobli, Bengaluru Taluk and District (hereinafter referred to as ‘schedule lands’). 2. Learned counsel for the petitioners submits that the issue involved in this writ petition is squarely covered by the decision of this Court in Smt. Rathna S. Reddy Vs. State of Karnataka and Others1 (Rathna S. Reddy), wherein on the ground that no further proceedings pursuant to the final notification has been proceeded by the authority. This Court has quashed the 1 W.P.No.20824/2025 D.D 05.12.2025 - 5 - HC-KAR NC: 2025:KHC:54637 WP No. 24436 of 2025 preliminary notification and the final notification in respect of the petitioner's land therein and the petitioners being similarly placed under the same acquisition, similar order needs to be passed in this writ petition as well. 3. Learned counsel for the respondents would submit that in Rathna S. Reddy’s case, the preliminary notification and final notification were quashed on the ground that, despite the prolonged delay of 17 years no further proceedings have been initiated. 4. The respondent has not placed any distinguishing factor as to how the issue involved in Rathna S. Reddy’s case is not applicable to the present facts. 5. The petitioners being similarly placed to that of the Rathna S. Reddy’s case and since there is no steps have been taken by the authority despite lapse of 20 years, this Court pass the following: - 6 - HC-KAR NC: 2025:KHC:54637 WP No. 24436 of 2025 ORDER i. The writ petition is allowed. ii. Preliminary notifications dated 19.12.1998, 06.07.2000, 29.01.2003, 31.01.2003 and 14.06.2006 initiated under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (‘KIAD Act’ for short) and final notification dated 21.03.2009 initiated under Section 28(4) of the KIAD Act in respect of lands, Sy.Nos.7/1 and 7/2 measuring total extent of 5 acres 09 guntas situated at Gonipura Village, Kengeri Hobli, Bengaluru Taluk and District are quashed. Sd/- _____________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 67