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2026 DAILYLAW 30135 (KAR)

TOTAL ENVIRONMENT BUILDING SYSTEMS PRIVATE LIMITED v. STATE OF KARNATAKA

WP/18548/2025 · 2026-07-09

R Nataraj

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:34684 WP No. 18548 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 18548 OF 2025 (LA-KIADB) BETWEEN: TOTAL ENVIRONMENT BUILDING SYSTEMS PRIVATE LIMITED A COMPANY REGISTERED UNDER COMPANIES ACT HAVING ITS OFFICE AT NO.78 IMAGINE CAMPUS, ITPL MAIN ROAD EPIP ZONE, WHITEFIELD BENGALURU - 560 066 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. SURESH CHANDRA BHANDARI. …PETITIONER (BY SRI. G. SRIDHAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA BANGALORE - 560 001. 2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD 14/3, 2ND FLOOR, R.P. BUILDING NRUPATUNGA ROAD BANGALORE - 560 001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34684 WP No. 18548 of 2025 3. SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD MYSORE DIVISION, METAGALLI MYSORE - 570 016. …RESPONDENTS (BY SMT. POOJA M. KOORSE, HCGP FOR R1; SRI. H.L.PRADEEP KUMAR, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER OR WRIT IN THE NATURE OF CERTIORARI QUASHING PRELIMINARY NOTIFICATION ISSUED BY THE RESPONDENT NO.1 UNDER SECTION 28(1) OF THE KARNATAKA INDUSTRIAL DEVELOPMENT ACT, 1966 DATED 02.06.2022 BEARING NO.CI 112 SPQ (E) 2022 ANNEXED AS ANNEXURE-A, PROPOSING ACQUIRE THE PETITIONER'S LANDS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has called in question the legality and validity of the preliminary notification bearing No.CI 112 SPQ(E) 2022 dated 02.06.2022 issued by respondent No.1 under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966, the order bearing No.LAQ(3) CR/114/2022-23 dated 04.08.2022 passed by respondent No.1 under Section 28(3) of the Act and the final - 3 - HC-KAR NC: 2026:KHC:34684 WP No. 18548 of 2025 notification bearing No.CI 112 SPQ(E) dated 06.02.2025 passed by respondent No.1 under Section 28(4) of the Act, insofar as it relates to the land belonging to the petitioner in various survey numbers of Kochanahalli, Varuna, Hobli, Mysuru Taluk, Mysuru, totally measuring 44 Acres 10.5 Guntas. 2. 2. Petitioner claims that it had purchased land in Sy.Nos.96/1, 96/2, 102/2 (old Sy.No.102/3), 102/2 (Old Sy.No.102/4), 103, 104, 105/10 105/5, 105/6 105/3 105/4, 106/4 106/1, 106/2 106/3, 116/3 116/4 130/2, 130/3 131/2 57/1, 58/5 59/3, 59/4, 60/2, 60/3 60/6 60/7 68/1, 68/3 68/4 87/4, 123/3, 123/4 124/3, totally measuring 44 Acres 10.5 Guntas in Kochanahalli Village in terms of various sale deeds between 04.10.2019 to 12.02.2020. Petitioner also contends that prior to such purchase, the land in aforesaid survey numbers was already converted from agricultural to residential use. Petitioner contends that after such purchase, the name of the petitioner was entered in the revenue records and the - 4 - HC-KAR NC: 2026:KHC:34684 WP No. 18548 of 2025 properties were assessed to Municipal Tax. Petitioner further contends that a layout of residential sites was also approved by the Mysore Urban Development Authority, in respect of 20 Acres 25 Guntas. It is claimed that the respondent No.1 had issued a preliminary notification under Section 28(1) of the Act, on 02.06.2022 without mentioning the name of the petitioner. On coming to know of the same, the petitioner appeared before respondent No.3-Special Land Acquisition Officer and filed objections opposing the acquisition. It was also stated in the objections that the petitioner is willing to accept compensation in accordance with law. The respondent No.3 without considering the objection of the petitioner has passed an order dated 04.08.2022 rejecting the application of the petitioner, and following this, respondent No.1 issued a final notification under Section 28(4) of the Act, on 06.02.2025. The petitioner therefore being aggrieved by the preliminary notification, final notification and the order passed by respondent No.3 wherein - 5 - HC-KAR NC: 2026:KHC:34684 WP No. 18548 of 2025 rejecting the objections filed by the petitioner is before this Court. 3. When this petition is listed for 'Preliminary Hearing', a memo is filed by the learned counsel for the petitioner, which is reads as follows: " It is submitted that the Petitioner consents to the acquisition of the Schedule Properties without prejudice to the Petitioner's right to seek enhancement of compensation in accordance with law before the competent forum, subject to the condition that the compensation is paid to the petitioner within a period of 30 days from today. The Petitioner therefore prays that this Hon'ble Court may be pleased to take the same on record and pass such other order(s) as this Hon'ble Court deems fit in the facts and circumstances of the case." 4. In view of the above, there is no need for this Court to consider the relief sought for in the writ petition. It would suffice if a direction is issued to respondent No.3 to consider the case of the petitioner for passing an award in accordance with law. If the petitioner has consented for an award, respondent No.3 shall proceed to pass a - 6 - HC-KAR NC: 2026:KHC:34684 WP No. 18548 of 2025 consent award as per the price determined by the 'Price Advisory Committee'. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of (2) two months from the date of receipt of a copy of this order. 5. The writ petition stands disposed of on the above terms. Sd/- (R. NATARAJ) JUDGE DL List No.: 1 Sl No.: 19