Karnataka High Court
Sri K T Narayanaswamy vs The State Of Karnataka on 4 July, 2025
Author: R Devdas
Bench: R Devdas
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE R. DEVDAS
WRIT PETITION NO.24075/2016 (LA-KIADB)
C/W
WRIT PETITION NO.16103/2018 (LA-KIADB)
WRIT PETITION NO.3611/2024 (LA-KIADB)
WRIT PETITION NO.10656/2023 (LA-KIADB)
WRIT PETITION NO.19996/2023 (LA-KIADB)
WRIT PETITION NO.41019/2016 (LA-KIADB)
WRIT PETITION NO.41020/2016 (LA-KIADB)
WRIT PETITION NO.33549/2017 (LA-KIADB)
WRIT PETITION NO.48379/2018 (LA-KIADB)
WRIT PETITION NO.206/2024 (LA-KIADB)
WRIT PETITION NO.9793/2024 (LA-KIADB)
WRIT PETITION NO.9805/2024 (LA-KIADB)
WRIT PETITION NO.10238/2024 (LA-KIADB)
WRIT PETITION NO.14924/2024 (LA-KIADB)
WRIT PETITION NO.26497/2024 (LA-KIADB)
IN W.P.NO.24075/2016:
BETWEEN:
1. SRI A ABDUL REHMAN KHAN
S/O SRI K A ALEEM KHAN,
AGED 84 YEARS,
PRESENTLY R/AT NO.112 & 113,
6TH CROSS, J P NAGAR II PHASE,
MARENAHALLI, BANGALORE-560 078.
2. SRI NASSAR FIYAZ
S/O SRI ABDUL GAFFAR KHAN,
AGED ABOUT 53 YEARS,
-2-
3. SRI ANSAR FIAZ
S/O ABDUL GAFFAR KHAN,
AGED ABOUT 49 YEARS,
4. SRI KAISER FIAZ
S/O ABDUL GAFFAR KHAN,
AGED ABOUT 47 YEARS,
PETITIONERS NO.2 TO 4 ARE
R/AT NO.290, 9TH CROSS
AKKITHIMMANAHALLI,
SHANTHINAGAR, B G GARDENS,
BANGALORE-560 027.
...PETITIONERS
(BY SRI. S V BHAT, ADVOCATE)
AND:
1. THE GOVERNMENT OF KARNATAKA
DEPARTMENT OF INDUSTRIES & COMMERCE
M S BUILDING, BANGALORE-560 001
REP. BY ITS SECRETARY
2. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,
III FLOOR, KHENI BUILDING,
III CROSS, GANDHINAGAR,
BANGALORE-560 009.
3. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD, NO.14/3,
II FLOOR, RASHTROTHANA PARISHAT BUILDING,
NRUPATHUNGA ROAD,
BANGALORE-560 001
REPRESENTED BY ITS CHAIRMAN
4. NANDI INFRASTRUCTURE CORRIDOR
ENTERPRISES LTD.,
#1, MIDFORD HOUSE, MIDFORD GARDEN,
OFF MAHATMA GANDHI ROAD,
BENGALURU - 560 001.
-3-
5. NANDI ECONOMIC CORRIDOR
ENTERPRISES LTD.,
#1, MIDFORD HOUSE, MIDFORD GARDEN,
OFF MAHATMA GANDHI ROAD,
BENGALURU - 560 001.
(R4 AND R5 CAUSE TITLE IMPLEADED VIDE COURT ORDER
DATED 12.04.2018).
...RESPONDENTS
(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL
SRI. S.A. AHMED & SRI. MALHARA RAO., AAG
DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU
RAO., SPL GOVERNMENT ADVOCATES FOR R1
SRI. H.L.PRADEEP KUMAR., ADVOCATE FOR R2 & R3
SRI. R.V.S. NAIK., SR. COUNSEL FOR
SRI. NITIN PRASAD, ADVOCATE FOR R4 & R5)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTIFICATION DTD 19.12.1998 (ANNEXUER-J) AND
NOTIFICATION DTD 17.10.2008 (ANNEXURE-O) ISSUED BY
THE R-1 UNDER 28(1) AND 28(4) OF THE KARNATAKA
INDUSTRIAL AREA DEVELOPMENT ACT, 1966 RESPECTIVELY
AS HAVING BEEN LAPSED AND ETC.
IN W.P.NO.16103/2018:
BETWEEN:
SRI. P PARTHASARATHY
S/O LATE PACHIAPPAN
AGED ABOUT 58 YEARS,
R/AT NO.1, K.H.B.COLONY,
2ND CROSS, 2ND STAGE,
BENGALURU - 560 079.
...PETITIONER
(BY SRI. H.N. SHAHSIDHARA., SR. COUNSEL FOR
SRI. NATRAJ G KOTRE., ADVOCATE)
-4-
AND
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY,
DEPARTMENT OF INDUSTRIES
AND COMMERCE, M.S. BUILDING,
BENGALURU - 560 001.
2. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD (KIADB)
REP. BY ITS CHAIRMAN
OFFICE OF SECRETARY,
NRUPATHUNGA ROAD,
BENGALURU - 560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER,
KIADB
BANGALORE MYSORE INFRASTRUCTURE
CORRIDOR PROJECT (BMICP)
#3/2, KHENY BUILDING, 1ST CROSS,
GANDHINAGAR, BENGALURU - 560 009.
4. NANDI INFRASTRUCTURE CORRIDOR
ENTERPRISES LTD.,
REP. BY ITS MANAGING DIRECTOR,
SRI ASHOK KHENY
#1, MIDFORD ROAD,
MIDFORD GARDENS, OFF M.G.ROAD,
BENGALURU - 560 001.
5. NANDI ECONOMIC CORRIDOR ENTERPRISES LTD.,
REP. BY ITS MANAGING DIRECTOR,
SRI ASHOK KHENY
#1, MIDFORD ROAD,
MIDFORD GARDENS, OFF M.G.ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL
SRI. S.A. AHMED & SRI. MALHARA RAO., AAG
DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU
-5-
RAO., SPL GOVERNMENT ADVOCATES FOR R1
SRI. P.V.CHANDRASHEKAR., ADVOCATE FOR R2 & R3
SRI. R.V.S. NAIK., SR. COUNSEL FOR
SRI. NITIN PRASAD, ADVOCATE FOR R4
SRI. ADITYA NARAYAN., ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
ACQUISITION PROCEEDING INITIATED BY THE
RESPONDENTS IN RESPECT OF LAND BEARING
SY.NO.154/10 MEASURING 2-00 ACRES (CONVERTED LAND)
SITAUTED AT KENGERI VILLAGE, KENGERI HOBLI,
BENGALURU SOUTH TALUK, BENGALURU DISTRICT IS
LAPSED AN ACCOUNT OF NOT PASSING THE AWARD AND
PAID THE COMPENSATION AMOUNT AND ETC.
IN W.P.NO.3611/2024:
BETWEEN:
1. DR. A.R. RAGHU
AGED ABOUT 53 YEARS,
S/O LATE A.N. RADHAKRISHNAN,
R/AT NO.275 RAMAIYENGAR ROAD,
V V PURAM, BANGALORE - 560 004.
2. SMT. RANJANI R
AGED ABOUT 52 YEARS,
W/O DATTA CHIDAMBAR
R/A LVB 601,
HIRANANDHANI UPSCALE,
AKSHAY NAGAR,
BANNERGHATTA ROAD,
BENGALURU - 560 068.
3. SRI RAVI A R
AGED ABOUT 50 YEARS,
S/O LATE A N RADHAKRISHNAN,
R/AT NO.275, RAMAIYENGAR ROAD,
V.V.PURAM, BANGALORE - 560 004.
-6-
4. DR. S. DIVAKAR
AGED ABOUT 62 YEARS,
S/O SREENIVASAN,
R/AT NO.223/B, UPSTAIRS, EQUITAS BANK,
GANDHINAGAR 1ST STREET,
BELLARY - 583 403.
5. DR. ARAVIND PATEL,
S/O M.R. PATEL,
AGED ABOUT 64 YEARS
R/AT ADARSH NURSING HOME
GANDHI NAGAR, BELLARY - 583 103.
6. H RAMESH REDDY
AGED ABOUT 68 YEARS,
S/O LATE H KESHAVA REDDY
NO.9/10, PATEL NAGAR,
BELLARI - 583 101.
...PETITIONERS
(BY SRI. B.S. JEEVAN KUMAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS ADDITIONAL CHIEF
SECRETARY,
PRINCIPAL SECRETARY
COMMERCE AND INDUSTRIES DEPARTMENT &
CHAIRMAN KIADB,
VIKAS SOUDHA
BENGALURU- 560 001.
2. THE CHIEF EXECUTIVE OFFICER,
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
IV AND V FLOORS, KHANIJA BHAVAN,
NO.49, RACECOURSE ROAD,
BANGALORE - 560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER-2
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT
-7-
BOARD (BMICP),
NO.14/3, 1ST FLOOR, MAHARSHI ARVIND BHAVAN
NRUPATHUNGA ROAD,
BENGALURU-560 001.
4. NANDI INFRASTRUCTURE CORRIDOR
ENTERPRISES LTD.,
#1, MIDFORD HOUSE, MIDFORD GARDEN,
OFF M.G.ROAD, BENGALURU - 560 001
REPRESENTED BY ITS G M SRINATH MANGALORE.
5. NANDI ECONOMIC CORRIDOR
ENTERPRISES LTD.,
#1, MIDFORD HOUSE, MIDFORD GARDEN,
OFF M.G. ROAD,
BENGALURU - 560 001
REPRESENTED BY ITS G M
SRI SRINATH MANGALORE.
...RESPONDENTS
(BY PROF. RAVIVARMA KUMAR, SR. COUNSEL
SRI. S.A. AHMED & SRI. MALHARA RAO., AAG
DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU
RAO., SPL GOVERNMENT ADVOCATES FOR R1
SRI. B.B. PATIL., ADVOCATE FOR R2 & R3
SRI. R.V.S. NAIK., SR. COUNSEL FOR
SRI. NITIN PRASAD, ADVOCATE FOR R4 & R5)
THIS W.P. IS FILED UNDER ARTILCES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
AWARD DATED 07.01.2023, PASSED BY R-3 BEARING
NO.LAQ(2)CR/3/1999-2000 (ANNEXURE-J) IN SO FAR AS
PETITIONER LAND CONCERNED AND ETC.
IN W.P.NO.10656/2023:
BETWEEN:
DR. MUNISWAMAPPA KUPPAHALLI,
AGED ABOUT 66 YEARS
S/O LATE NANJUNDAPPA
R/AT NO 414, 5TH MAIN ROAD,
-8-
4TH CROSS, KENGERI UPANAGAR,
BENGALURU - 560 060
ALSO R/AT NO.475, 6TH MAIN 11TH CROSS
NEARING SWIMMING POOL, SADASHIVANAGAR
BENGALURU - 560 080
...PETITIONER
(BY SRI. C.M. NAGABUSHANA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA, BANGALORE-560 001
REPRESENTED BY ITS SECRETARY.
2. KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
NO.49, 4TH AND 5TH FLOOR
EAST WING, KHANIJA BHAVAN
BANGALORE - 560 001
REP. BY ITS CHIEF EXECUTIVE OFFICER.
3. THE SPECIAL LAND ACQUISITION OFFICER (BMICP)
THE KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT
14/2, ARAVINDA BHAVANA
NRUPATHUNGA ROAD
BANGALORE - 560 001.
4. M/S. NANDI INFRASTRUCTURE CORRIDOR
ENTERPRISE
REP. BY ITS MANAGING DIRECTOR
OLFFICE AT NO.1, MIDFORD HOUSE,
MIDFORD GARDEN, OFF M.G. ROAD,
BANGALORE-560 001.
5. NANDI ECONOMIC CORRIDOR ENTERPRISES LIMITED
REP. BY ITS MANAGING DIRECTOR
OFFICE AT NO.1, MIDFORD HOUSE,
MIDFORD GARDEN,
-9-
OFF M.G. ROAD,
BANGALORE-560 001.
REGISTERED UNDER COMPANIES ACT.
...RESPONDENTS
(BY PROF. RAVIVARMA KUMAR, SR. COUNSEL
SRI. S.A. AHMED & SRI. MALHARA RAO, AAG
DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU
RAO., SPL GOVERNMENT ADVOCATES FOR R1
SRI. B.B. PATIL., ADVOCATE FOR R2 & R3
SRI. R.V.S. NAIK., SR. COUNSEL FOR
SRI. NITIN PRASAD, ADVOCATE FOR R4 & R5)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE
AWARD BEARING NO.BMICP/LAQ/SR/17(42)/1998-
99/SR/17(44)/1988-99 AND 355/22-23 DATED 16.11.2022
PASSED BY THE R-3 AT ANNEXURE-J IN SO FAR AS
PETITIONER LAND CONCERN AND ETC.
IN W.P.NO.19996/2023:
BETWEEN:
1 . SRI. M. MAHADEVA
S/O LATE MADAIAH
AGED ABOUT 68 YEARS
NO.127, 9TH CROSS
4TH MAIN ROAD, CHAMARAJPET
BENGALURU-560 018.
2 . SRI M SRINIVAS
S/O LATE MADAIAH
AGED ABOUT 57 YEARS
R/AT NO.14, AGARA VILLAGE
THATAGUNI ROAD
BENGALURU SOUTH-560 082
REP. BY THEIR GPA HOLDER
SMT. PREMA W/O M. MAHADEVA
AGED ABOUT 62 YEARS
-10-
NO.127, 9TH CROSS, 4TH MAIN ROAD
CHAMARAJPET, BENGALURU-560 018.
...PETITIONERS
(BY SRI. NATARAJU T., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
COMMERCE & INDUSTRIES DEPARTMENT
VIKASA SOUDHA,
BENGALURU-560001.
2. KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
NO.14/3, RASHTROTHANA PARISHAT
BUILDING, NRUPATHUNGA ROAD
BENGALURU-560 001
REP. BY ITS CHIEF EXECUTIVE OFFICER
AND EXECUTIVE MEMBER
3. THE SPECIAL DEPUTY COMMISSIONER
KIADB (BMICP), 1ST FLOOR
MAHARSHI ARVIND BHAVAN
NRUPATHUNGA ROAD
BENGALURU-560 001.
4. THE SPECIAL LAND ACQUISITION OFFICER-1
KIADB (BMICP), 1ST FLOOR
MAHARSHI ARVIND BHAVAN
NRUPATHUNGA ROAD,
BENGALURU-560 001.
5. NANDI INFRASTRUCTURE CORRIDOR
ENTERPRISE LIMITED
NO.1, MIDFORD HOUSE
MIDFORD GARDEN
OPP. MAHATMA GANDHI ROAD
BENGALURU-560 001.
-11-
6. THE TAHSILDAR
BANGALORE SOUTH TALUK
KANDAYA BHAVAN, K.G. ROAD
BENGALURU-560 009.
...RESPONDENTS
(BY PROF. RAVIVARMA KUMAR, SR. COUNSEL
SRI. S.A. AHMED & SRI. MALHARA RAO., AAG
DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU
RAO., SPL GOVERNMENT ADVOCATES FOR R1 & R6
SRI. B.B.PATIL., ADVCOATE FOR R2 TO R4
SRI. R.V.S. NAIK., SR. COUNSEL FOR
SRI. NITIN PRASAD, ADVOCATE FOR R5 & R6)
THIS W.P. IS FILED UNDER ARTILCES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD
NO.LAQ.SR./16(2B, 8)/1998-99, 16(9)/1998-99, 16(21, 22,
4B, 23)/1998-99/380/22-23 DATED 23.11.2022 VIDE
ANNEXURE-N IN RESPECT OF PETITIONERS' LANDS BEARING
SY NO.147/1, 147/2, 147/4, 147/5, 147/6, 147/8, 147/9,
147/10 SITUATED AT KENGERI VILLAGE THEREAFTER
BABUSA PALYA NOW KNOWN AS BASAVESHWARANAGARA,
PASSED BY THE R4 AND ETC.
IN W.P. No.41019/2016:
BETWEEN:
SRI D KRISHNAPPA
S/O LATE G.H. DODDAIAH
AGED ABOUT 66 YEARS,
R/AT NO.13/1,
ATTIMARAMMA TEMPLE STREET,
COTTONPET, BANGLAORE-53.
...PETITIONER
(BY SRI. G.BALAKRISHNA SHASTRY., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
-12-
DEPARTMENT OF REVENUE
VIDHANA SOUDHA,
BANGALORE-560 001.
2. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL
AREA DEVELOPMENT BOARD,
NO.22, KHERU BUILDING,
GANDHINAGAR,
BANGALORE-560 009.
3. NANDI INFRASTRUCTURE CORRIDOR
ENTERPRISES LIMITED,
NO.1, MIDFORD HOUSE,
MIDFORD GARDEN,
OFF: M.G. ROAD,
BANGALORE-560 001.
...RESPONDENTS
(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL
SRI. S.A. AHMED & SRI. MALHARA RAO., AAG
DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU
RAO., SPL GOVERNMENT ADVOCATES FOR R1
SRI. P.V.CHANDRASHEKAR., ADVOCATE FOR R2
SRI. R.V.S. NAIK., SR. COUNSEL FOR
SRI. NITIN PRASAD, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTIFICATIONS DTD. 19.12.1998 AND 12.3.2003 IN SO FAR
AS ACQUISITION PERTAINS TO SCHEDULED LAND, ISSUED
BY R-2 VIDE ANNEXURES-B & J AND ETC.
IN W.P. No.41020/2016:
BETWEEN:
SRI D. KRISHNAPPA
S/O LATE G.H. DODDAIAH
AGED ABOUT 66 YEARS,
RESIDING AT NO.13/1,
-13-
ATTIMARAMMA TEMPLE STREET,
COTTONPET, BANGALORE-560 053.
...PETITIONER
(BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
VIDHANA SOUDHA,
BANGALORE-560 001.
2. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA DEVELOPMENT,
BOARD, NO.22, KHERU BUILDING,
GANDHINAGAR,
BANGALORE-560 009.
3. SRI NANDI INFRASTRUCTURE CORRIDOR
ENTERPRISES LIMITED,
NO.1, MIDFORD HOUSE,
MIDFORD GARDEN,
OFF: M.G. ROAD,
BANGALORE-560 001.
...RESPONDENTS
(BY PROF. RAVIVARMA KUMAR, SENIOR COUNSEL
SRI. S.A. AHMED & SRI. MALHARA RAO, AAG
DR. RAVINDRA V., REDDY AND SRI. SIDDHARTH BABU
RAO SPECIAL GOVERNMENT ADVOCATE FOR R1;
SRI. P.V. CHANDRASHEKAR., ADVOCATE FOR R2;
SRI. R.V.S. NAIK SENIOR COUNSEL FOR
SRI. NITIN PRASAD., ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH /
DENOTIFYING THE NOTIFICATION DATED 19.12.1998 VIDE
ANNEXURE-B, AND NOTIFICATION DATED 12.03.2003 VIDE
ANNEXURE-D, BOTH ISSUED BY THE R-2 THROUGH SPECIAL
GAZETTE NOTIFICATION AND ETC.
-14-
IN W.P. No.33549/2017:
BETWEEN:
SRI. V. BALAKRISHNA
S/O VENKATAPPA
AGED ABOUT 57 YEARS
R/AT NO.47, DEEPIKA FARM
BERATENA AGRAHARA VILLAGE,
BEGUR HOBLI,
BANGALORE SOUTH TALUK - 560 068.
...PETITIONER
(BY SRI. S. KALYAN BASAVARAJ., ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF INDUSTRIES AND COMMERCE,
VIKASA SOUDHA, BANGALORE - 560 001
BY ITS PRINCIPAL SECRETARY.
2. KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
A GOVT.OF KARNATAKA UNDERTAKING
III & IV FLOOR,
KHANIJA BHAVAN,
RACE COURSE ROAD,
BANGALORE-560 001
BY ITS MANAGING DIRECTOR.
3. NANDI INFRASTRUCTURE CORRIDOR
ENTERPRISES LIMITED,
NO.1, MIDFORD HOUSE,
MIDFORD GARDEN,
OFF:M.G.ROAD,
BANGALORE-560 001
BY ITS MANAGING DIRECTOR.
...RESPONDENTS
-15-
(BY PROF. RAVIVARMA KUMAR, SENIOR COUNSEL
SRI. S.A. AHMED & SRI. MALHARA RAO, AAG
DR. RAVINDRA V., REDDY AND SRI. SIDDHARTH BABU
RAO SPECIAL GOVERNMENT ADVOCATE FOR R1;
SRI. B.B. PATIL., ADVOCATE FOR R2;
SRI. R.V.S. NAIK SENIOR COUNSEL FOR
SRI. NITIN PRASAD, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
ACQUISITION PROCEEDINGS UNDER PRELIMINARY
NOTIFICATION DATED 19.12.1998 AND FINAL
NOTIFICATION DTD 8.4.2003 [ANNEXURE-A1] ISSUED BY
THE R-1 IN RESPECT OF THE LAND BEARING SY NO.47 TO
AN EXTENT OF 26 GUTNAS INCLUDING KARAB IN BERATENA
AGRAHARA VILLAGE, BEGURU HOBLI, BANGALORE SOUTH
TALUK, WHICH IS IN POSSESSION AND ENJOYMENT OF THE
PETITIONER, HAVE LAPSED UNDER SEC.24[2] OF THE RIGHT
TO FAIR COMPENSATION AND TRANSPARENCY,
REHABILITATION AND RESETTLEMENT ACT, 2013 AND ETC.
IN W.P. No.48379/2018:
BETWEEN:
B VENKATARAMA REDDY
S/O LATE BALAPPA REDDY,
AGED ABOUT 57 YEARS
R/AT NO.469, 9TH MAIN,
HAL II STAGE, BANGALORE-560 075.
...PETITIONER
(BY SRI. T.N. VISHWANATHA & SRI. T.N. RAMESH,
ADVOCATES)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF COMMERCE AND INDUSTRIES,
VIKASA SOUDHA, BENGALURU-560 001
REP. BY ITS PRINCIPAL SECRETARY.
-16-
2. SPECIAL DEPUTY COMMISSIONER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD (BMICP)
NO.14/3, 2ND FLOOR, R.P.BUILDINGS,
NRUPATHUNGA ROAD,
BENGALURU-560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER-1
KIADB (BMICP), 1ST FLOOR,
MAHARSHI ARVIND BHAVAN,
NRUPATHUNGA ROAD,
BANGALORE-560 001.
4. M/S NANDI ECONOMIC CORRIDOR
ENTERPRISES LTD
NO.1, MIDFOR HOUSE, MIDFORD GARDEN,
OFF MAHATMA GANDHI ROAD
BENGALURU - 560 001
REP. BY ITS AUTHORISED SIGNATORY
MR SRINATH MANGALORE.
5. M/S NANDI INFRASTRUCTURE
CORRIDOR ENTERPRISES LTD
NO.1, MIDFORD HOUSE
MIDFORD GARDEN
OFF M G ROAD, BENGALURU - 560 001
REP. BY ITS AUTHORIZED SIGNATORY
MR. SRINATH BANGALORE.
(R-4 AND R-5 CAUSE TITLE AMENDED VIDE COURT
ORDER DATED 20.01.2023)
...RESPONDENTS
(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL
SRI. S.A. AHMED & SRI. MALHARA RAO., AAG
DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU
RAO., SPL GOVERNMENT ADVOCATES FOR R1
SRI. ASHOK N NAYAK, ADVOCATE FOR R2 & R3
SRI. S.B.MATHAPATI, ADVOCATE FOR R5
SRI. R.V.S. NAIK., SR. COUNSEL FOR
SRI. NITIN PRASAD, ADVOCATE FOR R4)
-17-
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE
DATED 17.10.2016 (ANNEXURE-M) PURPORTED TO HAVE
BEEN ISSUED BY THE R-3 UNDER SECTION 9 AND 10 OF
THE LAND ACQUISITION ACT, 1894 AND ETC.
IN W.P. No.206/2024:
BETWEEN:
SRI SUBRATA GHOSH
S/O SUBHAS CHANDRA GHOSH
AGED ABOUT 52 YEARS
R/O A-22 PATTERNS
GOOD EARTH MALHAR
KUMBALGODU KAMBIPURA
BENGALURU - 560 074.
...PETITIONER
(BY SRI. OMKARESHA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
VIDHANA SOUDHA, M S BUILDING
DR AMBEDKAR ROAD
BENGALURU - 560 001.
2. THE STATE OF KARNATAKA
REP. BY THE SECRETARY TO
INDUSTRIES AND COMMERCE DEPARTMENT
VIDHANA SOUDHA, M S BUILDING
DR AMBEDKAR ROAD
BENGALURU - 560 001.
3. THE KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
REP. BY ITS EXECUTIVE MEMBER
BMICP, KHANIJA BHAVAN
BENGALURU - 560 009.
-18-
4. THE SPECIAL DEPUTY COMMISSIONER
(LAND ACQUISITION)
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
BMICP 14/3, 1ST FLOOR
ARAVIND BHAVAN, NRUPATHUNGA ROAD
BENGALURU - 560 001.
5. THE SPECIAL LAND ACQUISITION
OFFICER -1 (BMICP)
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD, 14/3, 1ST FLOOR
ARAVIND BHAVAN, NRUPATHUNGA ROAD
BENGALURU - 560 001.
6. M/S NANDI INFRASTRUCTURE
CORRIDOR ENTERPRISES LTD
REP. BY ITS MANAGING DIRECTOR
NO.1, MIDFORD GARDEN
OFF M G ROAD, BENGALURU - 560 001
REG. UNDER COMPANIES ACT.
7. M/S NANDI ECONOMIC CORRIDOR
ENTERPRISES LTD
REP. BY ITS MANAGING DIRECTOR
NO.1, MIDFORD GARDEN, OFF M G ROAD
BENGALURU - 560 001
REG. UNDER COMPANIES ACT.
8. BANGALORE-MYSORE INFRASTRUCTURE
CORRIDOR AREA PLANNING
AUTHORITY (BMICAPA)
NO.2, ANJANEYA BUILDING
5 LOOP ROAD, RACE COURSE ROAD
GANDHI NAGAR, BENGALURU - 560 009
REP. BY MEMBER SECRETARY.
...RESPONDENTS
(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL
SRI. S.A. AHMED & SRI. MALHARA RAO., AAG
DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU
-19-
RAO., SPL. GOVERNMENT ADVOCATES FOR R1 & R2
SRI. H.L. PRADEEP KUMAR., ADVOCATE FOR R3 TO R5
SRI. R.V.S. NAIK., SR. COUNSEL FOR
SRI. NITIN PRASAD, ADVOCATE FOR R6 & R7
SRI. YOGESH D NAIK., ADVOCATE FOR R8)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
COSNTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED PRELIMINARY NOTIFICATION PASSED UNDER
SECTION 28(1) OF THE KIAD ACT, 1966, BEARING
NO.CI:196:SPQ:98, DATED 19/12/1998 WHICH IS
GAZETTED ON 19/12/1998 AT ANNEXURE-G PASSED BY THE
R2 AND ETC.
IN W.P. No.9793/2024:
BETWEEN:
SRI B N LAKSHMINARAYANA
S/O LATE C G NARAYANASWAMY
AGED ABOUT 52 YEARS,
R/O NO.228, 5TH 'C' MAIN,
REMCO LAYOUT, VIJAYANAGARA,
BENGALURU-560 040.
...PETITIONER
(BY SRI. OMKARESHA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA, M.S. BUILDING,
DR AMBEDKAR ROAD,
BENGALURU-560 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY THE SECRETARY TO
INDUSTRIES AND COMMERCE DEPARTMENT,
VIDHANA SOUDHA,
M.S. BUILDING,
-20-
DR AMBEDKAR ROAD,
BENGALURU-560 001.
3. THE KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD
REP. BY ITS EXECUTIVE MEMBER
BMICP, KANIJA BHAVAN,
BENGALURU-560 009.
4. THE SPECIAL DEPUTY COMMISSIONER
(LAND ACQUISITION)
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
BMICP, 14/3, 1ST FLOOR,
ARAVIND BHAVAN , NRUPATHUNGA ROAD
BENGALURU - 560 001.
5. THE SPECIAL LAND ACQUISITION
OFFICER-1 (BMICP)
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
14/3, 1ST FLOOR, ARAVIND BHAVAN
NRUPATHUNGA ROAD
BENGALURU - 560 001.
6. M/S NANDI INFRASTRUCTURE
CORRIDOR ENTERPRISES LTD.,
REP. BY ITS MANAGING DIRECTOR
NO.1, MIDFORD GARDEN, OFF M.G ROAD
BENGALURU - 560 001
(REGISTERED UNDER COMPANIES ACT).
7. M/S NANDI ECONOMIC CORRIDOR
ENTERPRISES LTD.,
REP. BY ITS MANAGING DIRECTOR
NO.1, MIDFORD GARDEN, OFF M.G ROAD
BENGALURU - 560 001.
(REGISTERED UNDER COMPANIES ACT).
-21-
8. BANGALORE-MYSORE INFRASTRUCTURE
CORRIDOR AREA PLANNING AUTHORITY
(BMICAPA)
REPRESENTED BY ITS CHAIRMAN
NO.2, ANJANEYA BUILDING,
5 LOOP ROAD, RACE COURSE ROAD
GANDHI NAGAR, BENGALURU - 560 009.
...RESPONDENTS
(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL
SRI. S.A. AHMED & SRI. MALHARA RAO., AAG
DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU
RAO., SPL GOVERNMENT ADVOCATES FOR R1 & R2
SRI. P.V.CHANDRASHEKAR., ADVOCATE FOR R3 TO R5
SRI. R.V.S. NAIK., SR. COUNSEL FOR
SRI. NITIN PRASAD., ADVOCATE FOR R6 & R7
SRI. YOGESH D NAIK., ADVOCATE FOR R8)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED PRELIMINARY NOTIFICATION PASSED UNDER
SECTION 28(1) OF THE KIAD ACT, 1966, BEARING
NO.CI.196.SPQ.98, DTD 19.12.1998 WHICH IS GAZETTED
ON 19.12.1998 AT ANNEXURE-E PASSED BY THE R2 AND
ETC.
IN W.P. No.9805/2024:
BETWEEN:
SRI B PARASHURAMAPPA
S/O LATE BASAPPA,
AGED ABOUT 71 YEARS,
R/O 54/3, MUNISWAMAPPA GARDEN
APORVA ROAD, 6TH CROSS, 6TH MAIN
CHAMARAJPET, BENGALURU-560 018.
...PETITIONER
(BY SRI. OMKARESHA, ADVOCATE)
-22-
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA, M.S. BUILDING,
DR. AMBEDKAR ROAD,
BENGALURU-560 001.
2. THE STATE OF KARNATAKA
REP. BY THE SECRETARY TO
INDUSTRIES AND COMMERCE DEPARTMENT
VIDHANA SOUDHA, M.S. BUILDING,
DR. AMBEDKAR ROAD,
BENGLAURU-560 001.
3. THE KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
REP. BY ITS EXECUTIVE MEMBER
BMICP, KANIJA BHAVAN
BENGALURU-560 009.
4. THE SPECIAL DEPUTY COMMISSIONER
(LAND ACQUISITION)
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
BMICP, 14/3, 1ST FLOOR
ARAVIND BHAVAN,
NRUPATHUNGA ROAD,
BENGALURU-560 001.
5. THE SPECIAL LAND ACQUISITION
OFFICER -1 (BMICP)
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
14/3, 1ST FLOOR, ARAVIND BHAVAN,
NRUPATHUNGA ROAD,
BENGALURU-560 001.
6. M/S NANDI INFRASTRUCTURE CORRIDOR
ENTERPRISES LTD.,
-23-
REP. BY ITS MANAGING DIRECTOR,
NO.1, MIDFORD GARDEN, OFF MG ROAD,
BENGALURU-560 001
(REGISTERED UNDER THE COMPANIES ACT)
7. M/S NANDI ECONOMIC CORRIDOR
ENTERPRISES LTD.,
REP. BY ITS MANAGING DIRECTOR,
NO.1, MIDFORD GARDEN
OFF M.G. ROAD,
BENGALURU-560 001
(REG. UNDER THE COMPANIES ACT)
8. BANGALORE-MYSORE INFRASTRUCTURE
CORRIDOR AREA PLANNING
AUTHORITY (BMICAPA)
REPRESENTED BY ITS CHAIRMAN
NO.2, ANJANEYA BUILDING,
5 LOOP ROAD, RACE COURSE ROAD,
GANDHI NAGAR,
BENGALURU-560 009.
...RESPONDENTS
(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL
SRI. S.A. AHMED & SRI. MALHARA RAO., AAG
DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU
RAO., SPL GOVERNMENT ADVOCATES FOR R1 & R5
SRI. R.V.S. NAIK., SR. COUNSEL FOR
SRI. NITIN PRASAD, ADVOCATE FOR R6 & R7
SRI. P.V. CHANDRASHEKAR., ADV., FOR R3 TO R5
SRI. YOGESH D NAIK., ADVCOATE FOR R8)
THIS W.P. IS FILED UNDER ARTILCES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED PRELIMINARY NOTIFICATION PASSED UNDER
SECTION 28(1) OF THE KIAD ACT, 1966, BEARING NO.
CI:196:SPQ:98, DATED 19/12/1998 WHICH IS GAZETTED
ON 19/12/1998 AT ANNEXURE-L PASSED BY THE R2 AND
ETC.
-24-
IN W.P. No.10238/2024:
BETWEEN:
1 . SMT ASHA RANI P
W/O S PRASANNA KUMAR
AGED ABOUT 42 YEARS,
2 . SMT. VEENA S S
W/O DR. SATHYANARAYANA
AGED ABOUT 48 YEARS,
BOTH ARE R/AT NO.206, 1ST CROSS
ARALAPPA LAYOUT
RAMAMURTHYNAGAR
BENGALURU-560 016.
...PETITIONERS
(BY SRI. OMKARESHA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA, M.S. BUILDING,
DR. AMBEDKAR ROAD,
BENGALURU-560 001.
2. THE STATE OF KARNATAKA
REP. BY THE SECRETARY TO INDUSTRIES
AND COMMERCE DEPARTMENT,
VIDHANA SOUDHA, M.S. BUILDING,
DR. AMBEDKAR ROAD,
BENGALURU-560 001.
3. THE KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD
REP. BY ITS EXECUTIVE MEMBER
BMICP, KHANIJA BHAVAN
BENGALURU 560 009.
-25-
4. THE SPECIAL DEPUTY COMMISSIONER
(LAND ACQUISITION )
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
BMICP, 14/3, 1ST FLOOR,
ARAVIND BHAVAN, NRUPATHUNGA ROAD,
BENGALURU-560 001.
5. THE SPECIAL LAND ACQUISITION
OFFICER -1 (BMICP)
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
14/3, 1ST FLOOR, ARAVIND BHAVAN
NRUPATHUNGA ROAD,
BENGALURU-560 001.
6. M/S NANDI INFRASTRUCTURE
CORRIDOR ENTERPRISES LTD.
REP. BY ITS MANAGING DIRECTOR,
NO.1, MIDFORD GARDEN, OFF MG ROAD,
BENGALURU-560 001
(REGISTERED UNDER COMPANIES ACT)
7. M/S NANDI ECONOMIC CORRIDOR
ENTERPRISES LTD. ,
REP. BY ITS MANAGING DIRECTOR,
NO.1, MID FORD GARDEN, OFF MG ROAD,
BENGALURU-560 001
(REGISTERED UNDER COMPANIES ACT)
8. BANGALORE MYSORE INFRASTRUCTURE
CORRIDOR AREA PLANNING
AUTHORITY (BMICAPA)
REP. BY ITS CHAIRMAN
NO.2 ANJANEYA BUILDING,
5 LOOP ROAD, RACE COURSE ROAD,
GANDHI NAGAR,
BENGALURU-560 009.
...RESPONDENTS
(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL
-26-
SRI. S.A. AHMED & SRI. MALHARA RAO., AAG
DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU
RAO., SPL GOVERNMENT ADVOCATES FOR R1 & R2
SRI. R.V.S. NAIK., SR. COUNSEL FOR
SRI. NITIN PRASAD, ADVOCATE FOR R6 & R7
SRI. YOGESH D NAIK., ADVOCATE FOR R8
SRI. B.B. PATIL, ADVOCATE FOR R3 TO R5)
THIS W.P. IS FILED UNDER ARTILCES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED PRELIMINARY NOTIFICATION PASSED UNDER
SECTION 28(1) OF THE KIAD ACT, 1966 BEARING NO.
CI:196:SPQ:98 DTD 19.12.1998 WHICH IS GAZETTED ON
19.12.1998 AT ANNX-H PASSED BY THE R-2 AND ETC.
IN W.P. No.14924/2024:
BETWEEN:
1. SRI K KANNAN
S/O. KUPPUSWAMY,
AGED ABOUT 72 YEARS,
2. SMT. K. LAKSHMI
W/O. KANNAN,
AGED ABOUT 69 YEARS,
BOTH ARE R/AT NO.19,
2ND E MAIN, RAMAIAH LAYOUT,
KACHARAKANAHALLI,
BENGALURU-560 084.
...PETITIONERS
(BY SRI. OMKARESHA, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA, M.S. BUILDING,
DR. AMBEDKAR ROAD,
BENGALURU-560 001.
-27-
2. THE STATE OF KARNATAKA
REP. BY THE SECRETARY TO
INDUSTRIES AND COMMERCE DEPARTMENT,
VIDHANA SOUDHA,
M.S. BUILDING,
DR. AMBEDKAR ROAD,
BENGALURU-560 001.
3. THE KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD
REP. BY ITS EXECUTIVE MEMBER
BMICP, KANIJA BHAVAN,
BENGALURU-560 009.
4. THE SPECIAL DEPUTY COMMISSIONER
(LAND ACQUISITION)
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
BMICP, 14/3, 1ST FLOOR,
ARAVIND BHAVAN, NRUPATHUNGA ROAD,
BENGALURU-560 001.
5. THE SPECIAL LAND ACQUISITION
OFFICER-1 (BMICP)
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
14/3, 1ST FLOOR, ARAVIND BHAVAN,
NRUPATHUNGA ROAD,
BENGALURU-560 001.
6. M/S. NANDI INFRASTRUCTURE
CORRIDOR ENTERPRISES LTD.,
REP. BY ITS MANAGING DIRECTOR,
NO. 1, MIDFORD GARDEN,
OFF. M. G. ROAD, BENGALURU-560 001.
(REGISTERED UNDER COMPANIES ACT)
7. M/S. NANDI ECONOMIC CORRIDOR
ENTERPRISES LTD.,
-28-
REP. BY ITS MANAGING DIRECTOR,
NO. 1, MIDFORD GARDEN,
OFF. M. G. ROAD,
BENGALURU-560 001,
(REGISTERED UNDER COMPANIES ACT)
8. BANGALORE-MYSORE INFRASTRUCTURE
CORRIDOR AREA PLANNING AUTHORITY
(BMICAPA)
REPRESENTED BY ITS CHAIRMAN,
NO.2, ANJANEYA BUILDING,
5 LOOP ROAD,
RACE COURSE ROAD,
GANDHI NAGAR,
BENGALURU-560 009.
...RESPONDENTS
(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL
SRI. S.A. AHMED & SRI. MALHARA RAO., AAG
DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU
RAO., SPL GOVERNMENT ADVOCATES FOR R1 & R2
SRI. C. RAMAKRISHNA., ADVOCATE FOR R3 TO R5
SRI. R.V.S. NAIK., SR. COUNSEL FOR
SRI. NITIN PRASAD, ADVOCATE FOR R6 & R7
SRI. YOGESH D NAIK, ADVOCATE FOR R8)
THIS W.P. IS FILED UNDER ARTILCES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED PRELIMINARY NOTIFICATION PASSED UNDER
SECTION 28(1) OF THE KIAD ACT, 1966, BEARING
NO.CI:196:SPQ:98, DATED 19.12.1998 WHICH IS GAZETTED
ON 19.12.1998 AT ANNEXURE-F PASSED BY THE
RESPONDENT NO.2 IN SO FAR AS THE PETITIONER
PROPERTY IS CONCERNED AND ETC.
-29-
IN W.P. No.26497/2024:
BETWEEN:
1. SRI K T NARAYANASWAMY
SON OF LATE THOUTAREDDY,
AGED ABOUT 64 YEARS,
R/A NO.28/116, 4TH CROSS,
6TH MAIN, CAUVERY NAGAR MAIN ROAD,
BSK III STAGE,
BENGALURU - 560 085.
2. SMT. SUGUNA,
WIFE OF K.T. NARAYANASWAMY,
AGED ABOUT 60 YEARS,
R/A NO. 28/116, 4TH CROSS,
6TH MAIN, CAUVERY NAGAR MAIN ROAD,
BSK III STAGE,
BENGALURU - 560 085.
3. SMT. K.M. SHASHIKALA,
WIFE OF LATE SHIVARAM,
AGED ABOUT 65 YEARS,
R/A NO.185, 7TH CROSS ROAD,
BAPUJI LAYOUT, VIJAYANAGAR,
BENGALURU-560 040.
4. SRI. JAYARAM
SON OF LATE PAPAIAH,
AGED ABOUT 42 YEARS,
R/A GATTIGERE VILLAGE,
HALAGEVADERAHALLI DAKHALE,
KENGERI HOBLI,
BENGALURU SOUTH TALUK- 560 088.
...PETITIONERS
(BY SRI. T.N. VISWANATHA, ADVOCATE)
-30-
AND:
1. THE STATE OF KARNATAKA
REPTD. BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA, M.S. BUILDING,
DR. AMBEDKAR ROAD,
BENGALURU-560 001.
2. THE SECRETARY,
INDUSTRIES AND COMMERCE DEPT.
VIDHANA SOUDHA, M.S. BUILDING,
DR. AMBEDKAR ROAD,
BENGALURU - 560 001.
3. THE KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
REPTD. BY ITS EXECUTIVE MEMBER,
KHANIJA BHAVAN,
BENGALURU - 560 009.
4. THE SPECIAL DEPUTY COMMISSIONER-1
(LAND ACQUISITION),
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD, BMICP, ]
14/3, 1ST FLOOR, ARAVIND BHAVAN,
NRUPATHUNGA ROAD
BENGALURU - 560 001.
5. THE SPECIAL LAND ACQUISITION OFFICER (BMICP)
KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
14/3, 1ST FLOOR, ARAVIND BHAVAN,
NRUPATHUNGA ROAD
BENGALURU - 560 001.
6. M/S NANDI INFRASTRUCTURE
CORRIDOR ENTERPRISES LTD.,
REPTD. BY ITS MANAGING DIRECTOR,
NO.1, MID-FORD GARDEN,
-31-
OFF M.G. ROAD,
BENGALURU - 560 001.
7. M/S NANDI ECONOMIC CORRIDOR
ENTERPRISES LTD.,
REPTD. BY ITS MANAGING DIRECTOR,
NO.1, MID-FORD GARDEN,
OFF M.G. ROAD,
BENGALURU - 560 001.
8. SADANA SAMITHI
REP. BY ITS PRINCIPAL SECRETARY
PUBLIC WORKS DEPARTMENT
(BMICP), VIKASA SOUDHA
DR B.R. AMBEDKAR ROAD
BENGALURU-560 001
..RESPONDENTS
(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL
SRI. S.A. AHMED & SRI. MALHARA RAO., AAG
DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU
RAO., SPL GOVERNMENT ADV., FOR R1, R2 & R8
SRI. R.V.S. NAIK., SR. COUNSEL FOR
SRI. NITIN PRASAD, ADVOCATE FOR R6 & R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 READ WITH UNDER ARTICLE 14 OF THE CONSTITUTION
OF INDIA PRAYING TO QUASH THE IMPUGNED AWARD
DATED 02/08/2024 PASSED IN LAQ.SR/5(34/2002-03) ON
THE FILE OF THE R5 VIDE ANNEXURE-AJ IN SO FAR AS
PETITIONERS PROPERTIES SCHEDULE PROPERTIES AND
ETC.
THESE WRIT PETITIONS ARE HAVING BEEN HEARD
AND RESERVED ON 28.04.2025 AND 02.05.2025 AND
COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY,
R.DEVDAS. J., MADE THE FOLLOWING:
-32-
CORAM: HON'BLE MR JUSTICE R DEVDAS
CAV COMMON ORDER
(PER: HON'BLE MR JUSTICE R DEVDAS)
In these batch of writ petitions the petitioners,
whose lands have been acquired for the purpose of
formation of the Infrastructure Corridor Project
connecting Bangalore-Mysore Infrastructure Corridor
Project (BMICP) have made various prayers such as to
quash the acquisition notifications issued under Sections
28(1) and 28(4) of the Karnataka Industrial Area
Development Act, and to set aside the awards passed by
the Special Land Acquisition Officer (SLAO); to issue
directions to the respondent authorities to either complete
the land acquisition proceedings in accordance with the
provisions of the KIAD Act and pay compensation
immediately; in the alternative, direction to withdraw the
lands from the acquisition proceedings; to declare that
the land acquisition proceedings in accordance with
-33-
Section 24 of the Land Acquisition, Rehabilitation &
Resettlement Act, 2013 have lapsed, etc. Therefore, all
these writ petitions are heard together and disposed of by
this common order.
2. However, at the outset the learned counsels
appearing for the writ petitioners, led by learned Senior
Counsel Sri H.N. Shashidhara have submitted that it
would suffice if this Court were to issue directions to the
respondent-SLAO to pass a fresh award taking the market
value prevailing as on 22.04.2019, as was directed by the
Hon'ble Apex Court in the case of Bernard Francis
Joseph Vaz & Others Vs. Government of Karnataka
& Others1. It is contended that the said case too arises
from the impugned acquisition notifications and though an
award was passed by the SLAO on 22.04.2019 shifting/
postponing the date of the preliminary notification to the
year 2011 and by considering the guideline rates
prevailing in the year 2011, the Hon'ble Apex Court
1
(2025) SCC Online SC 20
-34-
directed the SLAO to pass a fresh award taking the
market value prevailing as on 22.04.2019 and also
directed that the appellants therein shall be entitled to all
statutory benefits as are available to them in law. The
learned counsels would therefore contend that since the
writ petitioners are similarly situated as that of the
appellants before the Apex Court, similar directions may
be issued to the respondent-SLAO to pass a fresh award
accordingly.
3. Per contra, learned Senior Counsels Sri.D.L.N.
Rao and Sri.R.V.S.Naik, along with learned counsel
Sri.Nitin Prasad, appearing for the respondent-NICE and
NECE contended that the said decision of the Hon'ble
Apex Court has been rendered in exercise of Article 142 of
the Constitution of India and therefore this Court cannot
issue such directions. Moreover, it is contended that the
appellants in the case of Bernard Francis (supra) had
raised a challenge to the award dated 22.04.2019 before
this Court and it is on the basis of such prayer made by
-35-
the appellants therein, that the Hon'ble Apex Court found
it necessary to invoke the extraordinary powers conferred
on the Apex Court under Article 142 of the Constitution of
India and issued such directions. However, none of the
writ petitioners raised a challenge to the award passed by
the SLAO and therefore they are not entitled for such a
relief at the hands of this Court.
4. Heard the learned Senior Counsel
Sri.H.N.Shashidhara and learned Counsels Sri.B.Ramesh,
Sri.T.N.Vishwanatha, Sri. S.V.Bhat, Sri.
C.M.Nagabhushana, Sri. G.Balakrishna Shastry and Sri.
Omkaresha for the petitioners, learned Senior Counsels
Sri.D.L.N Rao, Sri.R.V.S.Naik, Sri. Prabhuling K Navadgi,
Prof.Ravivarma Kumar, Sri.S.A.Ahmed, learned Additional
Advocate General, Sri.Mallaharao K., learned Additional
Advocate General, Sri.Siddarth Babu Rao, Sri.Ravindra V
Reddy, Special Counsels, and learned Counsels
Sri.P.V.Chandrashekar, Sri C.Ramakrishna, Sri.Murugesh
V.Charati, Sri.B.B.Patil, Sri.Nitin Prasad, Sri H.L.Pradeep
-36-
Kumar, Sri.K.Krishna, Sri.Yogesh D. Naik and Sri.Ashok
N. Nayak, appearing for the respondent-NICE, NECE,
KIADB, BMICPA and perused the petition papers.
5. Having regard to the narrow compass within
which the issue to be considered lies, it would be relevant
to notice the observations of the Apex Court in the case of
Ram Chand And Others Vs. Union of India And
Others2 which was culled out in the judgment in
Bernard Francis (supra) as under:
" 16. On behalf of the respondents, it was pointed
out that the petitioners have approached this Court
only after making of the awards, or when awards
were to be made, having waited for more than
fourteen years, without invoking the jurisdiction of
the High Court under Article 226 or of this Court
under Article 32. It is true that this Court has
taken note of delay on the part of the petitioners
concerned in invoking the jurisdiction of the High
Court or of this Court for quashing the land
acquisition proceedings on the ground that the
proceedings for acquisition of the lands in question
have remained pending for more than a decade, in
the cases of Aflatoon v. Lt. Governor of
Delhi [(1975) 4 SCC 285] and Ramjas
Foundation v. Union of India [1993 Supp (2)
SCC 20 : AIR 1993 SC 852]. According to us,
the question of delay in invoking the writ
jurisdiction of the High Court under Article 226 or
2
1994 SCC (1) 44
-37-
of this Court under Article 32, has to be considered
along with the inaction on the part of the
authorities, who had to perform their statutory
duties. Can the statutory authority take a plea that
although it has not performed its duty within a
reasonable time, but it is of no consequence
because the person, who has been wronged or
deprived of his right, has also not invoked the
jurisdiction of the High Court or of this Court for a
suitable writ or direction to grant the relief
considered appropriate in the circumstances? The
authorities are enjoined by the statute concerned
to perform their duties within a reasonable time,
and as such they are answerable to the Court why
such duties have not been performed by them,
which has caused injury to claimants. By not
questioning, the validity of the acquisition
proceedings for a long time since the declarations
were made under Section 6, the relief of quashing
the acquisition proceedings has become
inappropriate, because in the meantime, the lands
notified have been developed and put to public
use. The lands are being utilised to provide shelter
to thousands and to implement the scheme of a
planned city, which is a must in the present set-
up. The outweighing public interest has to be given
due weight. That is why this Court has been
resisting attempts on the part of the landholders,
seeking quashing of the acquisition proceedings on
ground of delay in completion of such proceedings.
But, can the respondents be not directed to
compensate the petitioners, who were small
cultivators holding lands within the ceiling limit in
and around Delhi, for the injury caused to them,
not by the provisions of the Act, but because of the
non-exercise of the power by the authorities under
the Act within a reasonable time? "
-38-
6. Moreover, it is well settled by now, that in the
matter of determination and award of compensation for
acquisition of lands, similarly situated persons are
required to be compensated similarly. There cannot be
discrimination in the matter of determination and award
of compensation. It is also necessary to notice that in the
Land Acquisition Act, 1894, care is taken to ensure
determination of compensation and award in a fair and
just manner and that there shall not be discrimination.
Section 28A of the Act, 1894 is put in place to ensure re-
determination of the amount of compensation on the
basis of a subsequent award passed by the Court. The
egalitarian concept of ensuring fair and just compensation
has left its imprint throughout the statute.
7. Coming to the contention of the respondents that
the Hon'ble Apex Court has exercised its powers under
Article 142 of the Constitution of India and therefore such
directions cannot be issued by this Court, it is relevant to
-39-
notice paragraph No.52 of the judgment which reads as
follows:
"52. No doubt that as already observed by us
hereinabove, we do not find any error in the
approach adopted by the learned Single Judge
of the High Court in holding that the SLAO could
not have shifted the date and it could have
been done only by this Court in exercise of
powers under Article 32/142 of the Constitution
of India or by the High Court under Article
226 of the Constitution of India. However, the
learned Single Judge of the High Court instead
of relegating the appellants to again go through
the rigors of determination by SLAO, ought to
have exercised powers under Article 226 of the
Constitution to do complete justice. Even the
Division Bench of the High Court on a hyper
technical ground has non-suited the
appellants."
8. It is therefore clear that the Apex Court expected
the learned Single Judge and the Hon'ble Division Bench
of this Court to have exercised powers under Article 226
of the Constitution to do complete justice. Therefore, the
contention of the respondents in this regard is required to
be rejected and is accordingly rejected.
9. The Hon'ble Apex Court, in paragraphs No.54 to
56 of the judgment in Bernard Francis (supra) has
-40-
eloquently captured the reasons for issuing such direction
to the SLAO to pass a fresh award taking the market
value prevailing as on 22.04.2019. It is held that if the
compensation to be awarded at the market value as of
the year 2003 is permitted, it would amount to permitting
a travesty of justice and making the constitutional
provisions under Article 300A a mockery.
10. For the reasons stated hereinabove, this Court
proceeds to pass the following order:
ORDER
(i) The Special Land Acquisition Officer shall
pass a fresh award taking the market
value prevailing as on 22.04.2019, in
respect of the lands belonging to the writ
petitioners, within a period of three
months from the date of receipt of a copy
of this order, after hearing the parties.
(ii) The writ petitioners shall be entitled to all
statutory benefits as are available to them
in law.
(iii) The rights of the parties to challenge the
award in reference, if they are aggrieved
by it, shall remain open.
Ordered accordingly.
11. With these observations, the writ petitions are
disposed of.
12. Pending Interlocutory Application(s), if any,
stand(s) disposed of.
Sd/-
(R DEVDAS)
JUDGE
Bvv/JT
CT: SM
