IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR WRIT PETITION No.23585/2018 (LA KIADB) BETWEEN SRI S LAKSHMANEGOWDA S/O LATE J.M.SETTAPPA AGED ABOUT 61 YEARS, R/A NO.212, 13TH MAIN, 9TH CROSS, D GROUP HOUSING LAYOUT, SREEGANDADA KAVAL, BENGALURU-560091. ... PETITIONER (BY SRI RAVINDRA PRASAD B, ADV.) AND 1. THE STATE OF KARNATAKA DEPT. OF COMMERCE AND INDUSTRIES, VIKASASOUDHA, BENGALURU-560001 REPRESENTED BY ITS SECRETARY.
2. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD (KIADB) AT: NO.49, 4TH & 5TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.
3. THE SPECIAL LAND ACQUISITION OFFICER KIADB, (BMICAPA) NO.14/3, 2ND FLOOR, RASTROTHAN PARISHATH BUILDING, NRUPATHUNGA ROAD, BENGALURU-560001.
4. THE CHIEF ENGINEER PWD, (BMICAPA), K.R.CIRCLE, BENGALURU-560001.
5. BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY (BMICAPA) NO.5, 2ND FLOOR, LOOPLANE RACE COURSE ROAD, BENGALURU-560009 REP. BY ITS MEMBER SECRETARY.
6. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED, NO.1, MIDFORD GARDEN, OFF M.G.ROAD, BENGALURU-560001 REP. BY ITS MANAGING DIRECTOR.
7. THE DEPUTY COMMISSIONER, BANGALORE DISTRICT, K.G.ROAD, BANGALORE-560009. ... RESPONDENTS (BY SRI S.CHANDRASHEKARIAH, HCGP FOR R1,R4 & R7, SMT. SRUTI CHAGANTI, ADV. FOR R1, SRI B.B.PATIL, ADV. FOR R2 & R3, SRI YOGESH D.NAIK, ADV. FOR R5, SRI VIDUR NAIR, ADV. FOR SRI T SURYANARAYANA, ADV. FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DTD:02.06.1999 PASSED BY THE R-1 VIDE ANNEXURE-B, IN SO FOR AS THE PETITIONER LAND MEASURING 08 GUNTAS IS CONCERNED ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned High Court Govt. Pleader accepts notice on behalf of the 4th respondent.
2. In that view of the matter service is completed.
3. Heard the learned counsel for the petitioner and the learned counsel for the respondents and the learned HCGP. The relief sought for by the petitioner in the instant writ petition has been answered in the positive by this court in several similar matters, more particularly, in W.P. No.38480/2014 and W.P. No.38937/2014 dated 13.07.2016 and W.P. Nos.20610-20612/2016 disposed off by this court by order dated 04.11.2016. The order passed in the first noted writ petition has been carried in appeal and the Hon’ble Division Bench by order dated 22.03.2018 has been pleased to reject the appeal preferred by the KIADB and SLAO. Thus by the order dated 22.03.2018 rendered in W.A. No.800/2017 and connected writ appeals the Division Bench has been pleased to affirm the orders of the learned single judge. The Division Bench while rejecting the appeals has relied on the orders passed by the co-ordinate Bench in W.A. No.2402/2014 dated 12.04.2016 which was called in question before the Hon’ble Apex Court in S.L.A. No.14117/2016 and the same also came to be affirmed by the Hon’ble Apex Court. In that view of the matter, the instant petitioner who is also similarly placed is entitled for similar relief. The petitioner places reliance on order of this court while disposing off writ petition Nos.20610-20612/2016 & W.P. No.21299/2016 wherein it was pleased to hold as follows:-
“ORDER The 1st respondent issued a preliminary notification under Section 28(1) of the Karnataka Industries Areas Development Act, 1966 (for short ‘the Act’) for acquisition of the lands described in the first paragraph of the writ petitions for industrial purpose vide notification dated 29.1.2003 at Annexure-H. However, no final notification has been issued in furtherance of the preliminary notification. Therefore, the petitioners have filed these writ petitions for quashing the aforesaid notification.
2. I have heard the learned counsel for the parties.
3. Admittedly, the final notification has not been issued despite passage of 13 years. This Court in an identical case in relation to the same project in W.P.No.38480/2014 & W.P.No.38937/2014 disposed of on 13.7.2016 – between Dr.N.Lakshmipathi Babu /vs./ Government of Karnataka and others has quashed the preliminary notification on the ground that it has lapsed. A Division Bench of this Court in W.A.No.2402/2014 disposed of 12.4.2016 – between The Karnataka Industrial Areas Development Board and another /vs./Smt. Anitha Purnesh and another has upheld the order of the learned Single Judge quashing the preliminary notification.
4. The point in issue is squarely covered by the aforesaid decisions of this Court. Therefore, writ petitions are allowed. The preliminary notification at Annexure-H in so far as the petitioners lands are concerned is hereby quashed.
5. In view of the disposal of the main matter as above IA No.3/2016 is dismissed. No costs.”
In that view of the matter, issue being squarely covered by the aforesaid decisions of this court, the writ petition is allowed. The preliminary notification at Annexure-B in so far as it relates to the petitioner’s land detailed at item No.2 stands quashed.
In view of the above order, cost made easy.
Sd/- JUDGE Chs* CT-HR