Karnataka High Court
WA/308/2024 of STATE OF KARNATAKA Vs Sri H A Suhail on 28 July 2026
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
HC-KAR
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
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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)
HC-KAR
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
HC-KAR
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
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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
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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
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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
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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