IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT PETITION NO.15906 OF 2024 (LA-KIADB)

BETWEEN:

1. SMT. N. ANUSUYA

W/O LATE N. NARASIMHAIAH,

AGED ABOUT 73 YEARS, RESIDING AT NO.869/A, 17^TH G MAIN, 5^TH BLOCK,

RAJAJINAGAR,

BENGALURU-560 010.

2. SRI N. DEVAKUMAR

S/O LATE N. NARASIMHAIAH,

AGED ABOUT 52 YEARS , RESIDING AT NO.869/A, 17^TH G MAIN, 5^TH BLOCK,

RAJAJINAGAR,

BENGALURU-560 010.

3. SRI N. GIRISH

Digitally signed by

S/O LATE N. NARASIMHAIAH,

MAHALAKSHMI B M

AGED ABOUT 46 YEARS,

Location: HIGH

COURT OF RESIDING AT NO.869/A, KARNATAKA 17^TH G MAIN, 5^TH BLOCK,

RAJAJINAGAR,

BENGALURU-560 010.

…PETITIONERS

(BY SRI RAVIKUMARA B.R., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,

DEPARTMENT OF REVENUE,

VIDHANA SOUDHA, BENGALURU-560001 REP. BY ITS CHIEF SECRETARY.

2. SECRETARY TO GOVERNMENT, COMMERCE AND INDUSTRIES DEPARTMENT, GOVERNMENT OF KARNATAKA ROOM NO.135, 1^ST FLOOR, VIKAS SOUDHA, BANGALORE-560 001.

3. THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, TUMKUR-572101.

4. THE ADDITIONAL DEPUTY COMMISSIONER AND EXECUTIVE OFFICER REHABILITATION AND RESETTLEMENT, TUMKUR DISTRICT, TUMKUR-572 101.

5. THE SPECIAL LAND ACQUISITION OFFICER AND ASSISTANT COMMISSIONER, KIADB TUMKUR DISTRICT, TUMKUR-572 103.

…RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1 TO R-4;

SRI B.B.PATIL, ADVOCATE FOR R-5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 24/04/2010 VIDE NO.CI/232/SPQ/2010 AS PER ANNEXURE-A ISSUED BY RESPONDENT NO.2 AND THE FINAL NOTIFICATION DATED 19/08/2010 VIDE NO.CI/407/SPQ/2010 AS PER ANNEXURE-B ISSUED BY RESPONDENT NO.2 INSOFAR AS THE PETITIONERS ARE CONCERNED AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’

GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

The petitioners have approached this Court assailing the acquisition proceedings initiated under the provisions of Karnataka Industrial Areas Development Act, 1966 (for short ‘KIAD Act’), in respect of their lands situated at Mudhigere Kavalu Village, Kasaba Hobli, Sira Taluk, Tumakuru District. They seek to quash the preliminary notification dated 24.04.2010 and final notification dated 19.08.2010, contending that despite the lapse of more than 14 years, no award has been passed, possession has not been taken and no steps whatsoever has been undertaken to complete the acquisition.

Brief facts

2. The petitioners claim to be the absolute owners of the lands bearing Survey Nos. 122, 123, 126 and 127 acquired under registered sale deeds of 2000-2001. The preliminary notification dated 24.04.2010 was issued under Section 28 (1) of the KIAD Act proposing acquisition of 2,051.24 acres including the petitioners land. The final notification dated 19.08.2010 under Section 28(4) of the KIAD Act came to be issued including the petitioners’ land. According to the petitioners no award has been passed even after a lapse of 14 years, no possession has been taken and no development of the notified industrial area has been taken place. It is contended that only a notice was issued in the year 2024 calling upon for fixing compensation, which demonstrates complete abandonment and non-compliance with the statutory mandate.

3. Learned counsel appearing for the petitioners submits that the proceedings have lapsed only due to inordinate delay of 14 years without passing an award or taking possession. It is further submitted that power of eminent domain must be exercised within a reasonable time, failing which the acquisition becomes arbitrary.

Reliance is placed on the following decisions :

(i) H.N.Shivanna and Others vs State of Karnataka and Others, WA 3189-3201/2010 c/w 3202-06/2010, DD 20.11.2012 (H.N.Shivanna)

(ii) Chaluve Gowda @ Chikkonu vs State of Karnataka and Others, WP 39411/2012 DD 18.1.2014 (Chaluve Gowda)

(iii) Vidyasagar M vs State of Karnataka and Others, WP 201576 of 2015 DD 27.02.2015 (Vidyasagar)

(iv) S