- 1 - HC-KAR NC: 2026:KHC-D:742 WP No. 102312 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.102312 OF 2025 (LA-KIADB) BETWEEN: 1. SATYANARAYAN MEKA S/O. SURYANARAYAN AGED ABOUT 54 YEARS, OCC: AGRICULTURE. 2. HANUMANTAPPA ETTINAMANI S/O. SHIVAPPA AGED ABOUT 54 YEARS, OCC: AGRICULTURE, BOTH ARE R/O. DANDAGIHALLI TQ: RANEBENNUR, DIST: HAVERI-581115. …PETITIONERS (BY SRI. SHIVASAI M.PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY UNDER SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRY (KAI.A), VIDHANA SOUDHA, BENGALURU-560001. 2. THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, PLOT NO.CA(1-B), GROUND FLOOR, KARUR INDUSTRIAL AREA, P.B.ROAD, TQ. AND DIST: DAVANGERE-577006. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.05 11:01:10 +0530 - 2 - HC-KAR NC: 2026:KHC-D:742 WP No. 102312 of 2025 3. THE EXECUTIVE MEMBER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 49, 4TH AND 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACECOURSE ROAD, BENGALURU-560001. 4. THE SPECIAL DEPUTY COMMISSIONER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO. 49, 4TH AND 5TH FLOOR, EAST WING, KHANIJA BHAVAN, RACECOURSE ROAD, BENGALURU-560001. 5. THE DEPUTY COMMISSIONER DISTRICT HAVERI, HAVERI-581 110. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 AND R5; SRI. SHASHANK S.HEGDE, ADVOCATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE FINAL NOTIFICATION ISSUED SEC. 28(4) KIAD ACT AT COLUMN NO. 9 OF SL.NO. 40 MENTIONED AS AGRICULTURAL LAND BY MODIFYING AS NON- AGRICULTURAL LAND IN RESPECT OF ACQUIRED LAND OF THE PETITIONERS ISSUED BY THE RESPONDENT NO.1 VIDE NO. CI 10 SPQ(E) 2023 DATED 30-11-2024 IS ENCLOSED AND MARKED AS ANNEXURE-E; ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE ENDORSEMENT ISSUED BY THE RESPONDENT NO.2 AUTHORITY DATED 05-03-2025, VIDE NO. KIADB/BHUSWA/(DAA)/ SHI.SHI.RA.RAILWAY/PHASE-2/DANDAGIHALLI-6/2022-23/1060 IS ENCLOSED AND MARKED AS ANNEXURE-H AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:742 WP No. 102312 of 2025 ORAL ORDER The petitioners have called in question the endorsement dated 05.03.2025 issued by the respondent No.2, whereby the request of the petitioners for re- determining of compensation by treating the acquired land as non-agricultural/commercial land came to be rejected, and seeking a consequential direction to the respondent/ authorities to determine compensation in accordance with law. Brief Facts: 2. The petitioners are owners of land bearing Survey No.62/2+3/A situated at Dandagihalli Village, Ranebennur Taluk of Haveri District. The petitioners had applied for conversion of the said land from agriculture to non-agriculture/commercial use for the purpose of establishing a hotel. The said application was processed and conversion order was granted on 31.03.2023, followed by issuance of statutory forms. - 4 - HC-KAR NC: 2026:KHC-D:742 WP No. 102312 of 2025 3. Subsequently, the State issued a preliminary notification under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 ("KIAD Act” for short) for acquisition of lands for the Shimoga-Shikaripura- Ranebennur railway project, followed by a final notification under Section 28(4) of the KIAD Act dated 30.11.2024, acquiring the land to an extent of 1 acre 19 quntas of the petitioner's land, while doing so, the land was described as agricultural. 4. Thereafter, respondent No.2 issued notice under Section 29(2) of the KIAD Act determining compensation by treating the land as agricultural. The petitioners submitted a representation seeking re-determination of compensation by treating the land as non-agricultural/commercial land, placing reliance on the Joint Measurement Committee (“JMC”) report dated 30.04.2024. The said request came to be rejected by the impugned endorsement dated 05.03.2025, giving rise to the present writ petition. - 5 - HC-KAR NC: 2026:KHC-D:742 WP No. 102312 of 2025 5. Learned counsel for the petitioners contends that the land stood converted for non agricultural/commercial use prior to finalisation of acquisition proceedings. The JMC report dated 30.04.2024, prepared after joint inspection, reflects the factual nature and status of the land. The respondent No.2 mechanically rejected the request by stating that there is no provision to modify the final notification, without examining the impact of the JMC report or the statutory mandate under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“the Act 2013” for short) and the impugned endorsement suffers from non- application of mind and violates the principles of fairness in determination of compensation. 6. Per contra, the learned counsel appearing for respondent No.2 submits that the nature of land was determined on basis of the revenue records as on the date of the preliminary notification and the conversion order was issued subsequent to the initiation of acquisition - 6 - HC-KAR NC: 2026:KHC-D:742 WP No. 102312 of 2025 proceedings, hence cannot be considered. It is contended that the final notification cannot be modified and the compensation was rightly determined by treating the land as agricultural. 7. The point that arises for consideration is: “Whether the impugned endorsement dated 05.03.2025 issued by respondent No.2, rejecting the petitioner's request for re-determination of compensation is sustainable in law?” 8. Upon careful consideration of the pleadings and submission this Court finds that the controversy in the present writ petition is narrowly confined to the legality of the endorsement dated 05.03.2025 and the manner of determination of compensation. 9. It is not in dispute that, the JMC inspection was conducted and JMC report dated 30.04.2024 was prepared by the competent authorities. The said report is a material document reflecting the factual status and the nature of the acquired land. The impugned endorsement in the present writ petition, however proceeds on a blanket premise that - 7 - HC-KAR NC: 2026:KHC-D:742 WP No. 102312 of 2025 once the final notification is issued, no modification is permissible and on that ground alone rejects the petitioner's request. 10. The respondents/authorities have failed to examine the relevance and effect of the JMC report, particularly in context of determining fair compensation as contemplated under the Act 2013. The determination of compensation is not a mechanical exercise confined only to the description in the notification, but must be in consonance with the actual nature, condition and potentiality of the land supported by contemporaneous material. 11. The impugned endorsement does not disclose any independent application to the JMC report nor does it record reason as to why compensation cannot be determined treating the land as a non agricultural / commercial, despite the material placed by the petitioners. Such an approach defeats the object of the Act 2013, which - 8 - HC-KAR NC: 2026:KHC-D:742 WP No. 102312 of 2025 mandates a just, fair and a transparent determination of compensation and hence the impugned endorsement is unsustainable in law and necessary direction to the respondents/authorities is warranted to re-determine the compensation in accordance with law. 12. Accordingly this Court pass the following: ORDER i. The writ petition is allowed in part. ii. The impugned endorsement issued by respondent No.2 (Annexure-H) dated 05.03.2025 is hereby quashed. iii. The respondents/authorities are directed to re- determine the compensation as per the JMC report by treating the land as a non-agricultural / commercial land in accordance with the provisions of the Act 2013. iv. Such determination shall be completed within 6 months from the date of the certified copy of this order. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 74