- 1 - HC-KAR CNR: KAHC010120702024 NC: 2026:KHC:39348-DB WA No. 308 of 2024 C/W WA No. 405 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 308 OF 2024 (LA-KIADB) C/W WRIT APPEAL NO. 405 OF 2024 (LA-KIADB) IN WA No. 308/2024 BETWEEN: 1. STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE 56001 REPRESENTED BY ITS SECRETARY 2. STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORK (BMICP) VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE 56001 REPRESENTED BY ITS SECRETARY 3. THE PROJECT CO-ORDINATOR BMICP(PWD) 3rd FLOOR, VIKASA SOUDHA, DR. AMBEDKAR BANGALORE 560 001 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010120702024 NC: 2026:KHC:39348-DB WA No. 308 of 2024 C/W WA No. 405 of 2024 4. THE DEPUTY COMMISSIONER RAMANGARA RAMANAGARA TALUK RAMANAGARA DISTRICT 562 109 …APPELLANTS (BY SRI. S.A.AHMED, AAG AND SRI. MALLAHA RAO.K, AAG FOR APPELLANT) AND: 1. Sri H A SUHAIL S/O H INUS SAHEB, AGED ABOUT 37 YEARS, RESIDING AT SILVER WAVES, ROYAL APARTMENT NO.FF20, 4th FLOOR, 8th MAIN ROAD, KENGERI, KENGERI SATELLITE TOWN BANGALORE 560 060 2. THE SPECIAL DEPUTY COMMISSIONER KIADB (BMICP) 1st FLOOR, ARAVIND BHAVANA, NRUPATHUNGA ROAD, BANGALORE 560001 3. THE BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY, NO.5 2nd FLOOR LOOPLANE, RACE COURSE BANGALORE 560009 4. THE SPECIAL LAND ACQUISITION OFFICER KIADB (BMICP) Ist FLOOR, MAHARSHI ARAVINDA BHAVANA, NRUPATHUNGA ROAD, BANGALORE 560 001 …RESPONDENTS (BY SRI. NAGARAJAPPA A., ADVOCATE FOR R1; SRI. ASHOK.N.NAYAK, ADVOCATE FOR R2 & R4; SRI. YOGESH D.NAIK, ADVOCATE FOR R3) - 3 - HC-KAR CNR: KAHC010120702024 NC: 2026:KHC:39348-DB WA No. 308 of 2024 C/W WA No. 405 of 2024 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 31.08.2023 PASSED BY LEARNED SINGLE JUDGE IN WP No. 18313/2022 (LA-KIADB) AND CONSEQUENTLY DISMISS THE WRIT PETITION FILED BY THE RESPONDENT HEREIN AND PASS ANY OTHER ORDER OR DIRECTION ON THE FACTS AND CIRCUMSTANCES OF THE ABOVE APPEAL IN THE INTEREST OF JUSTICE. IN WA NO. 405/2024 BETWEEN: 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BENGALURU - 560001 REPRESENTED BY ITS SECRETARY ...APPELLANT (BY SRI. S.A.AHMED, AAG AND SRI. MALLAHA RAO.K, AAG) AND: 1. SMT LAKSHMAMMA W/O LATE HOMBAIAH ALIAS HOMBAHANUMAIAH AGED ABOUT 62 YEARS R/AT VAJARAHALLI VILLAGE BIDADI HOBLI, RAMANAGARA TALUK AND DISTRICT - 562117 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD EAST WING , MAHARSHI ARAVINDA BHAVAN, EAST WING, RACE COURSE ROAD BENGALURU - 560001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER - 4 - HC-KAR CNR: KAHC010120702024 NC: 2026:KHC:39348-DB WA No. 308 of 2024 C/W WA No. 405 of 2024 3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO 14/3 MAHARSHI ARAVINDA BHAVANA NRUPATHUNGA ROAD BENGALURU - 560001 REP BY ITS SPECIAL LAND ACQUISITION OFFICER ...RESPONDENTS (BY SRI. NAGARAJAPPA.A, ADVOCATE FOR R1; SRI. ASHOK.N.NAYAK, ADVOCATE FOR R2 & R3) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO TAKE NOTE OF THE ABOVE SAID FACTS AND SET ASIDE THE ORDER DATED 01/07/2020 PASSED IN WP NO.8070/2020, ETC. THESE APPEALS, COMING ON FOR HEARING, 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) Writ Appeal No.308/2024 has been filed impugning the judgment and order dated 31.08.2023 passed by the writ Court in W.P.No.18313/2022 (LA-KIADB) instituted by respondent No.1 herein. 2. Writ Appeal No.405/2024 has been filed impugning the judgment and order dated 01.07.2020 passed by the writ Court - 5 - HC-KAR CNR: KAHC010120702024 NC: 2026:KHC:39348-DB WA No. 308 of 2024 C/W WA No. 405 of 2024 in W.P.No.8070/2022 (LA-KIADB) instituted by respondent No.1 herein. 3. The parties are referred to as per their ranking before the writ Court for the sake of convenience. 4. The preliminary notification under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 came to be issued on 21.07.1999 acquiring large acres of land including the lands of the petitioners in Sy.No.29/1 (Old Sy.No.29) Katha No.76A measuring 1 acre 7 guntas situated at Vajarahalli Village, Bidadi Hobli, Ramanagara Taluk and District, respectively. Till date no final notification has been issued in respect of the lands in question. Thus, it is apparent that the State has abandoned the land acquisition proceedings so far as the petitioners' lands are concerned. 5. The petitioner however, in the mean time, after the preliminary notification has alienated the property in favour of the third person, but the fact remains that no final notification has been issued till date. Even otherwise, the preliminary notification issued was quashed vide judgment and order dated - 6 - HC-KAR CNR: KAHC010120702024 NC: 2026:KHC:39348-DB WA No. 308 of 2024 C/W WA No. 405 of 2024 10.04.2014 in W.P.No.11839/2014 and the said judgment of the learned Single Judge has been affirmed by the Division Bench in W.A.No.2402/2014. 6. Be that as it may, we are of the view that once the State has not completed the acquisition proceedings as contemplated under the provision of the KIAD Act in the past 27 years, at this stage, there is no question of allowing the State to go ahead with the proceedings and complete the land acquisition proceedings. Even otherwise, it is stated that the State does not want this land for the public purpose, as no final notification has been issued and neither compensation award has been passed nor compensation has not been paid. 7. We are of the view, that comments of the writ Court in respect of the direction to the Chief Secretary to take action against the Deputy Commissioner, who passed the order dated 26.07.2022, whereby the petitioners' applications for conversion of the lands was rejected on the ground that the lands stood acquired is not necessary. This may be an error on the part of the Deputy Commissioner, but no action is required - 7 - HC-KAR CNR: KAHC010120702024 NC: 2026:KHC:39348-DB WA No. 308 of 2024 C/W WA No. 405 of 2024 to be taken against him. We therefore, delete paragraph No.8 from the impugned judgment and order dated 31.08.2023 passed by the writ Court in W.P.No.18313/2022 (LA-KIADB) With this observation, these appeals stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE NG CT:SN List No.: 1 Sl No.: 46