Karnataka High Court
WA/1070/2026 of SRI KARUNAKR SHETTY Vs THE STATE OF KARNATAKA on 20 July 2026
CNR: KAHC010244252026 NC: 2026:KHC:37049-DB WA No. 1070 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH 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. 1070 OF 2026 (LA-KIADB) BETWEEN: SRI. KARUNAKR
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH 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. 1070 OF 2026 (LA-KIADB)
BETWEEN:
SRI. KARUNAKR SHETTY,
S/O LATE MARAPPA NAIK,
AGED ABOUT 82 YEARS,
RYND19/133, TAROLI HOUSE,
KUKKATTE POST, MOGARU,
DAKSHINA KANNADA - 574 144.
…APPELLANT
(BY SRI. ARUNA SHYAM, SENIOR COUNSEL FOR
SRI. SUYOG HERELE E., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
KARNATAKA DEPARTMENT OF
COMMERCE AND INDUSTRIES,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
VIKAS SOUDHA, BENGALURU - 560 001.
2.
THE KARNATAKA STATE INDUSTRIAL
AREA DEVELOPMENT BOARD,
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER
HAVING ITS REGISTERED
OFFICE AT 4TH AND 5TH FLOOR,
EAST WING KHANIJA BHAVANA,
RACE COURSE ROAD, BENGALURU - 560 001.
3.
THE SPECIAL LAND
ACQUISITION OFFICER,
KARNATAKA STATE INDUSTRIAL
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
AREA DEVELOPMENT BOARD,
BYKAMPADI, MANGALURU,
DAKSHINA KANNADA - 575 011.
4.
THE DEPUTY COMMISSIONER,
AND PRESIDENT, PRICE FIXATION
ADVISORY COMMITTEE, MANGALURU,
DAKSHINA KANNADA DISTRICT - 575 011.
…RESPONDENTS
(BY SRI. BASAVARAJ V. SABARAD, SR. ADVOCATE FOR
SRI. H.L. PRADEEP KUMAR, ADVOCATE FOR C/R3 & R2, SRI. RAVINDRANATH, AGA FOR R1 & R4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW
THIS WRIT APPEAL AND SET ASIDE THE FINAL ORDER
DATED:21ST FEBRUARY 2026 PASSED BY THE LEARNED SINGLE
JUDGE IN THE WRIT PETITION NO.34072/2024 AND ETC., THIS APPEAL, 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
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
Heard Sri. Aruna Shyam, learned Senior counsel for Sri.Suyog Herele.E, learned counsel appearing for the appellant; Sri.Basavaraj V.Sabarad, learned Senior counsel for Sri.H.L.Pradeep Kumar, learned counsel appearing for Cavetor respondent Nos.2 and 3 and
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Sri. B.Ravindranatha, learned Additional Government Advocate for respondent Nos.1 to 4.
2. The present intra Court appeal has been filed impugning the judgment and order dated 21.12.2026 passed by the writ Court in WP.No.34072/2024 filed by the appellant challenging the Preliminary and Final Notification issued under Sections 28(4) and 28(1) of Karnataka Industrial Areas Development Act, 1966 (herein after referred to as 'KIAD Act') dated 19.08.2006 and 08.01.2010 respectively. The petitioner has filed the writ petition in the year 2024, after delay of more than 14 years in challenging the Preliminary and Final Notification. The learned Single Judge placing reliance on the judgment of the Co-ordinate Division Bench in respect of an adjacent land has dismissed the writ petition on the ground of inordinate delay and laches.
3. We have gone through the impugned judgment and order passed by the learned Single Judge. The
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compensation was determined in the year 2010 for the land of the petitioner at Rs.10.50 lakshs per acre.
4. It appears that the petitioner had put up some construction before the Final Notification could be issued and that portion of the land was dropped from the acquisition proceedings.
5. Mr.Basavaraj, learned Senior counsel appearing for KIADB submitted that the award was passed on 17.05.2010, but the sum so determined was deposited on 20.03.2023.
6. Considering the fact that the petitioner never challenged the land acquisition proceedings and he approached the Court only in the year 2024 and the land had already vested with the Government/KIADB, but considering the fact that the amount of compensation determined in the award was not deposited on time, we postponed it for determination of the compensation to the
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date on which the awarded sum was deposited before the Civil Court i.e., on 30.03.2023.
7. In view of the judgment passed by the Supreme Court in BERNARD FRANCIS JOSEPH VAZ AND OTHERS Vs. GOVERNMENT OF KARNATAKA AND OTHERS reported in (2025) SCC Online SC 20. Let the compensation so directed above to determined and paid to the petitioner within a period of six weeks from today. Accordingly, the appeal is partly allowed. In view of disposal of the Writ Appeal, pending interlocutory applications if any, stand disposed of. Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE PK List No.: 2 Sl No.: 3 ct-vn