Karnataka High Court
Smt Irene Ravi Raj @ Mary Irene vs State Of Karnataka on 24 April, 2025
Author: R Devdas
Bench: R Devdas
-1-
NC: 2025:KHC:17067
WP No. 11424 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 11424 OF 2022 (LA-KIADB)
BETWEEN:
SMT IRENE RAVI RAJ @ MARY IRENE,
W/O SRI JOSEPH RAVIRAJ,
AGED ABOUT 58 YEARS,
R/AT NO.12, ADITYADEEP, 20TH CROSS
3RD BLOCK, VISWAPRIYA NAGAR,
BEGUR, BOMMANAHALLI
BANGALORE - 560 068.
...PETITIONER
(BY SRI. S.SUBRAMANYA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF COMMERCE AND INDUSTRY,
M S BUILDING,
Digitally signed BANGALORE,
by JUANITA REPRESENTED BY ITS SECRETARY.
THEJESWINI
Location: HIGH
COURT OF 2. KARNATAKA INDUSTRIAL AREA DEVELOPMENT
KARNATAKA BOARD,
NRUPATHUNGA ROAD,
BANGALORE,
REPRESENTED BY ITS
MANAGING DIRECTOR.
3. NANDI INFRASTRUCTURE CORRIDOR
ENTERPRISES LTD.,(NICE)
NO.1, MIDFORD GARDEN ROAD,
CRIAG PARK LAYOUT
ASHOK NAGAR, BENGALURU
-2-
NC: 2025:KHC:17067
WP No. 11424 of 2022
KARNATAKA - 560 001
REPRESENTED BY ITS
MANAGING DIRECTOR/
AUTHORIZED SIGNATORY.
...RESPONDENTS
(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL
SRI. S.A. AHMED & SRI. MALHARA RAO., AAG
DR. RAVINDRA V REDDY & SRI. SIDHARTH BABURAO.,
SPL. GOVERNMENT ADVOCATES FOR R1,
SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2,
SRI. R.V.S. NAIK SENIOR COUNSEL FOR
SRI. NITIN PRASAD, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING.DECLARE
THAT THE SCHEME WITH RESPECT TO THE ACQUISITION
OF LAND BEARING SURVEY NO.26/4 AT ANNEXURE-B OF
KOMMAGHATTA VILLAGE WITHIN WHICH THE PROPERTY
OF THE PETITIONER IS SITUATED IS LAPSED AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
The petitioner is seeking to quash the impugned notification dated 19.12.1998, issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966.
2. Learned Counsel for the petitioner submits that the impugned notification has been subject matter of -3- NC: 2025:KHC:17067 WP No. 11424 of 2022 various litigations and this Court has allowed all the writ petitions and has quashed the impugned notification, insofar as the respective writ petitioners are concerned. Learned Counsel prays for similar orders, having regard to the decision in the case of Sri.C.Valliappa Vs. The State of Karnataka and others, in W.P.No.8400/2021, dated 07.06.2021.
3. Learned Counsel appearing for the respondent- Karnataka Industrial Areas Development Board (KIADB) and learned Counsel appearing for the respondent-Nandi Infrastructure Corridor Enterprises (NICE), do not dispute the submissions made by the learned Counsel for the petitioner. However, the learned Counsel for the respondent-NICE would draw the attention of this Court to another decision in the case of Sri.Natawarlal Jasu Vs. The State of Karnataka and others, in W.P.No.4399/2023, dated 28.07.2023 and prays that similar directions that were issued to the respondent-State -4- NC: 2025:KHC:17067 WP No. 11424 of 2022 Government and liberty granted to the respondent-NICE, may be given.
4. In view of the decisions of the co-ordinate Benches of this Court striking down the impugned notification, the petitioner is also entitled for similar relief.
5. Consequently, the writ petition is allowed. The impugned preliminary notification dated 19.12.1998 issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966, is hereby quashed and set aside, insofar as the petitioner's land is concerned.
6. This order shall not come in the way of acquiring the subject property by issuing notification afresh, in accordance with law. Added, liberty is also reserved to the respondent-NICE to proceed against the other respondents, in accordance with law if there is any grievance against them. All contentions in that regard are kept open.
No order as to costs.
-5-
NC: 2025:KHC:17067 WP No. 11424 of 2022
7. Pending I.As., if any, stand disposed of.
Sd/-
(R DEVDAS) JUDGE DL CT:AG