Karnataka High Court
WRIT PETITION 3169 of 2025 on 3 November 2006
Digitally signedby SUMA B NLocation: HIGHCOURT OFKARNATAKA
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25[TH] DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
-WRIT PETITION NO. 3169 OF 2025 (LAKIADB)
BETWEEN:
SHRI R RAVI S/O LATE RAMKRISHNAPPA, AGE 53 YEARS, RESIDING AT NO.E-79, NEAR HANUMANTHA TEMPLE, BILISHIVALE, DR. SHIVARAMKARANTH NAGAR POST, BENGALURU-560 077.
NEAR HANUMANTHA TEMPLE, BILISHIVALE,
…PETITIONER
(BY SRI. IRISHAD AHMED B M, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY, COMMERCE AND INDUSTRIES DEPARTMENT (INDUSTRIAL DEVELOPMENT), VIKASA SOUDHA, BENGALURU- 560 001.
2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND MEMBER, EAST WING, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER-2, KARNATAKA INDUSTRIAL AREA KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD (BMICP),
NO.39, SHANTHI GRUHA,
BHARAT SCOUTS AND GUIDES BUILDING, 4[TH] FLOOR, PALACE ROAD, 4[TH] FLOOR, PALACE ROAD, BENGALURU-560 001.
…RESPONDENTS
(BY SMT.B.SUKANYA BALIGA, AGA FOR R1;
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SRI.GOPAL V. BILALMANE, ADVOCATE FOR R2 & R3)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED PRELIMINARY NOTIFICATION BEARING NO.CI/422/ SPQ / 2005, DATED 03.11.2006, ISSUED BY 1ST RESPONDENT, VIDE ANNEXURE-A, IN SO FAR AS THE PETITIONER'S LAND IN SY.NO.156, MEASURING ONE ACRE AND FIVE GUNTAS SITUATE AT BANDIKODIGENAHALLI VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK AND NOW YELAHANKA TALUK IS CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
Learned counsel for the petitioner taking this Court through the orders passed by the Co-ordinate Bench of this Court and also the order passed by the Division Bench of this Court and the Apex Court produced at Annexures-F series submits the issue involved in this matter pertains to the preliminary notification dated 03.11.2006 and final notification dated 07.05.2007, issued by the respondent-KIADB seeking to acquire lands, including the land belonging to the petitioner bearing Sy.No.156, which notifications have been held/declared to have lapsed, for the respondent-authority not passing the award till day.
2. Learned counsel for respondent-KIADB does dispute the aforesaid factual aspect of the matter and also the orders passed by the Co-ordinate Bench of this Court and the Division Bench of this Court in respect of the very same notification.
3. Heard and perused the records.
4. The Co-Ordinate Bench of this Court by order dated 01.04.2021 in W.P.No.10583/2016 quashed the preliminary notification dated 03.11.2006 and the final notification dated 07.05.2007, insofar as the schedule property of the petitioner therein. The Division Bench of this Court by order dated 17.03.2022 in W.A.No.1268/2021 dismissed the appeal confirming the order passed by the learned Single Judge.
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5. In view of the orders passed by the Co-ordinate Bench of this Court in WP.No.10583/2016 and the Division Bench of this Court in W.A.No.1268/2021, holding the very same preliminary notification dated 03.11.2006 and the final notification dated 07.05.2007 in respect of Sy.No.40/360 situated at Bandikodigehalli Villagen Jala Hobli, Bangalore North Taluk measuring an extent of 2 acres, to be inoperative, having been abandoned, the acquisition relating to land belonging to the petitioner bearing Sy.No.156, measuring 1 acre 5 guntas situated at Bandikodigehalli Village, Jala Hobli, Bengaluru North Taluka and now Yelahanka Taluka, requires to be declared as abandoned.
Hence, the following:
ORDER
1. Petition is allowed.
NC: 2025:KHC:8356WP No. 3169 of 2025
2. The impugned acquisition proceedings pursuant to Preliminary Notification dated 03.11.2006 at Annexure-A and final notification dated 07.05.2007 at Annexure-B are hereby quashed insofar as the property of the petitioner is concerned.
Sd/- (M.G.S. KAMAL) JUDGE
ASN List No.: 1 Sl No.: 35
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