KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD v. MUTHAMMA
WA/107/2025 · 2026-03-26
D K Singh, T M Nadaf
body2026
DailyLaw.ai
[ 2026 DAILYLAW 13343 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13343 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:17223-DB WA No. 107 of 2025 C/W WA No. 177 of 2025 WA No. 1295 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 107 OF 2025 (LA-KIADB) C/W WRIT APPEAL NO. 177 OF 2025 (LA-KIADB) WRIT APPEAL NO. 1295 OF 2025 (LA-KIADB) IN WA No. 107/2025 BETWEEN:
1. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REP BY ITS CEO AND MEMBER NO. 14/3, 2ND FLOOR RP BUILDING, NRUPATHUNGA ROAD, BENGALURU 560 001. CORRECT ADDRESS 4TH AND 5TH FLOOR, KHANIJA BHAVANA, EAST WING, RACE COURSE ROAD, BENGALURU-560 001 REP. BY ITS CHIEF EXECUTIVE OFFICER
2. THE SPECIAL LAND ACQUISITION OFFICER-I THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 14/3, 2ND FLOOR,
Digitally signed by REKHA R Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:17223-DB WA No. 107 of 2025 C/W WA No. 177 of 2025 WA No. 1295 of 2025
RP BUILDING, NRUPATHUNGA ROAD, BENGALURU 560 001. …APPELLANTS (BY SRI SHASHIKIRAN SHETTY, SENIOR COUNSEL FOR SRI. H L PRADEEP KUMAR., ADVOCATE)
AND:
1. MUTHAMMA W/O LATE APPOJAPPA AGED ABOUT 55 YEARS, R/AT MALLIYAPPANAHALLI VEMGAL HOBLI, KURUGAL POST, KOLAR TALUK, KOLAR DISTRICT 563 102
2. MANJUNATH M A S/O LATE APPOJAPPA AGED ABOUT 36 YEARS, R/AT MALLIYAPPANAHALLI VEMGAL HOBLI, KURUGAL POST, KOLAR TALUK, KOLAR DISTRICT 563 102
3. BHANU PRATHAP M A S/O LATE APPOJAPPA AGED ABOUT 32 YEARS, R/AT MALLIYAPPANAHALLI VEMGAL HOBLI, KURUGAL POST, KOLAR TALUK, KOLAR DISTRICT 563 102
4. SOWMYA M A D/O LATE APPOJAPPA AGED ABOUT 29 YEARS,
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HC-KAR NC: 2026:KHC:17223-DB WA No. 107 of 2025 C/W WA No. 177 of 2025 WA No. 1295 of 2025
R/AT MALLIYAPPANAHALLI VEMGAL HOBLI, KURUGAL POST, KOLAR TALUK, KOLAR DISTRICT 563 102
5. THE STATE OF KARNATAKA REP BY THE SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, VIDHANA SOUDHA, BENGALURU 560 001. …RESPONDENTS (BY SRI M.N.SUDEV HEGDE, AGA FOR R.5 SRI RAHUL S. REDDY, ADV. FOR R.1 TO R.4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE IMPUGNED JUDGMENT DATED 05/12/2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.29349/2023. IN WA NO. 177/2025 BETWEEN:
1.
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REP BY ITS CEO AND MEMBER NO.14/3 2ND FLOOR R P BUILDING NRUPATUNGA ROAD BENGALURU 560001 CORRECT ADDRESS
4TH AND 5TH FLOOR KHANIJA BHAVANA EAST WING RACE COURSE ROAD BENGALURU 560001
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HC-KAR NC: 2026:KHC:17223-DB WA No. 107 of 2025 C/W WA No. 177 of 2025 WA No. 1295 of 2025
REP BY ITS CHIEF EXECUTIVE OFFICER
2. THE SPECIAL LAND ACQUSITION OFFICER-1 THE KARNATAKA INDUSDTRIAL AREA DEVELOPMENT BOARD NO.14/3 2ND FLOOR R P BUILDING NRUPATUNGA ROAD BENGALURU 560001 ...APPELLANTS (BY SRI.K SHASHIKIRAN SHETTY, SENIOR COUNSEL FOR SRI H L PRADEEP KUMAR.,ADVOCATE) AND:
1. MUNISHAMANNA B S/O LATE BYRAPPA AGED 48 YEARS R/AT MALLIYAPPANAHALLI VEMGAL HOBLI KURUGAL POST , KOLAR TALUK KOLAR 563102
2. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE VIDHANA SOUDHA BENGALURU 560001 ...RESPONDENTS (BY SRI M.N.SUDEV HEGDE, AGA FOR R.2 SRI MANU K.,ADVOCATE FOR R.1)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE IMPUGNED
JUDGMENT DATED 05.12.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No.4782/2023 (LA-KIADB) IN THE
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HC-KAR NC: 2026:KHC:17223-DB WA No. 107 of 2025 C/W WA No. 177 of 2025 WA No. 1295 of 2025
INTEREST OF JUSTICE AND EQUITY.
IN WA NO. 1295/2025 BETWEEN:
1.
KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD REP. BY ITS CEO AND MEMBER, NO.14/3, 2ND FLOOR, R.P. BUILDING, NRUPATUNGA ROAD, BENGALURU-560 001.
CORRECT ADDRESS 4TH AND 5TH FLOOR, KHANIJA BHAVANA EAST WING, RACE COURSE ROAD, BENGALURU - 560001 REP BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER
2.
THE SPECIAL LAND ACQUISITION OFIFCER - I THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.14/3, 2ND FLOOR, R.P. BUILDING, NRUPATUNGA ROAD, BENGALURU-560 001.
...APPELLANTS (BY SRI.SHASHIKIRAN SHETTY, SENIOR COUNSEL FOR SRI H L PRADEEP KUMAR.,ADVOCATE) AND:
1.
SUBRAMANI B
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HC-KAR NC: 2026:KHC:17223-DB WA No. 107 of 2025 C/W WA No. 177 of 2025 WA No. 1295 of 2025
S/O LATE BYYRAPPA, AGED 38 YEARS, R/A MALLIYAPPANAHALLI, VEMGAL HOBLI, KURUGAL POST, KOLAR TALUK, KOLAR -563 102.
2.
THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, V VIDHANA SOUDHA, BENGALURU-560 001. ...RESPONDENTS (BY SRI. M.N.SUDEV HEGDE, AGA FOR R.2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL AND SET ASIDE THE IMPUGNED JUDGEMENT DATED 05/12/2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.5316/2023.
THESE APPEALS COMING ON FOR ORDERS THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)
I.A No.1/2025 in WA No.1295/2025 is filed seeking condonation of delay. Accepting the reasons assigned to condone
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HC-KAR NC: 2026:KHC:17223-DB WA No. 107 of 2025 C/W WA No. 177 of 2025 WA No. 1295 of 2025
the delay, delay of 209 days in filing the appeal is condoned. IA No.1/2025 in WA No.1295/2025 is allowed accordingly.
2. These appeals are filed by the Karnataka Industrial Areas Development Board challenging the orders dated 05.12.2024 passed by the learned Single Judge in W.P.Nos.29349/2023, 4782/2023 and 5316/2023 respectively.
3. By the impugned orders, the learned Single Judge has set aside the final notification dated 21.01.2023 issued under Section 28(4) of the Karnataka Industrial Areas Development Act, 1966 ('the Act' for short). The learned Single Judge has been of the view that opportunity of hearing as provided under Sub-section (2) of Section 28 of the Act was not adequately provided to the land losers. Therefore, the learned single Judge remanded the matter to the respondent-KIADB for fresh consideration after considering the additional objections, if any to be filed by the petitioners therein.
4. We see no reason to interfere with the impugned orders and therefore we dispose of these appeals with a direction to the respondent-KIADB to give opportunity of hearing to the petitioners as provided under Sub-section (2) of Section 28 of the
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HC-KAR NC: 2026:KHC:17223-DB WA No. 107 of 2025 C/W WA No. 177 of 2025 WA No. 1295 of 2025
Act. The petitioners are directed to appear before the Special Land Acquisition Officer, KIADB, Bengaluru on 15.04.2026 and after hearing them the Special Land Acquisition Officer shall pass a reasoned order within a period of one month thereafter. Pending IAs in all the writ appeals stand disposed of.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
AKC List No.: 2 Sl No.: 6