IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF DECEMBER, 2025

BEFORE

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

WRIT PETITION NO.21861 OF 2025 (LA-KIADB)

BETWEEN:

1. ADIBA TABASSUM

W/O LATE SHABBEER PASHA,

AGED ABOUT 57 YEARS,

2. ZOHEB SHABBEER

S/O LATE SHABBEER PASHA,

AGED ABOUT 36 YEARS,

3. UMAR SHABBEER

S/O LATE SHABEER PASHA,

AGED ABOUT 30 YEARS,

ALL THE PETITIONERS RESIDING AT

NO.96/8, AL-AMEENA APARTMENT

1^ST CROSS, SOUTH END ROAD,

BASAVANAGUDI, BANGALORE SOUTH,

BENGALURU-560 046.

Digitally signed by

MAHALAKSHMI B M …PETITIONERS

Location: HIGH

COURT OF

(BY SMT. SADHANA S. DESAI, ADVOCATE)

KARNATAKA

AND:

1. THE STATE OF KARNATAKA

BY ITS PRINCIPAL SECRETARY

DEPARTMENT OF INDUSTRIES AND COMMERCE

(INDUSTRIAL DEVELOPMENT)

M.S. BUILDING, BENGALURU-560001.

2. THE KARNATAKA INDUSTRIAL

AREA DEVELOPMENT BOARD

NO.14/3, RASHTROTHANA PARISHATH,

2^ND FLOOR, NRUPTHUNGA ROAD,

BENGALURU-560001 REPRESENTED BY SPECIAL DEPUTY COMMISSIONER.

3. THE SPECIAL LAND ACQUISITION OFFICER (KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (BMICP)

1^ST FLOOR, MAHARSHI ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560001.

4. M/S. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD., NO.1, FORD GARDENS, OPP. M.G. ROAD, BENGALURU-560 001.

REPRESENTED BY ITS MANAGING DIRECTOR.

(R4 IMPLEADED VIDE COURT ORDER DATED 11.11.2025)

…RESPONDENTS (BY SRI SIDDARTH BABU RAO, SPL. COUNSEL FOR R-1;

SRI GOPAL V. BILALMANE, ADVOCATE FOR R-2 & R-3;

SRI NITIN PRASAD, ADVOCATE FOR R-4)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE PRELIMINARY NOTIFICATION DATED 21/07/1999 BEARING NO.CI:196:SPQ:98 ISSUED BY THE RESPONDENT AUTHORITY PRODUCED AT ANNEXURE A, ONLY AS REGARDS SCHEDULE PROPERTIES ITEMS No. A, B, C AND G ARE CONCERNED AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

The petitioners have approached this Court seeking for the following reliefs:

"a) Issue a writ in the nature of certiorari by quashing the Preliminary Notification dated 21.07.1999 bearing No. CI:196:SPQ 98 issued by the Respondent Authority produced at Annexure A, only as regards Schedule Properties Item Nos. A, B, C and G only are concerned.

b) To declare that the acquisition proceedings not having progressed from the year 1999, is deemed to have lapsed in respect of the lands mentioned in Schedule Property herein i.e., Item Nos. A, B, C and G only from acquisition proceedings.

c) To pass/grant such other order/s or relief/s as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity.”

2. Heard the learned counsel for the petitioners, learned Special Counsel for respondent No.1, Sri. Gopal V Bilalmane, learned counsel for respondent Nos.2 and 3 and Sri. Nithin Prasad, learned counsel for respondent No.4. Perused the material on record.

3. Learned counsel for the petitioners submits that after issuance of Preliminary Notification dated 21.07.1999, notifying the petitioners' land mentioned at schedule item Nos. A, B, C and G of the petition (for short 'schedule properties') under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act'), no Final Notification under Section 28(4) of the KIAD Act has been issued. It is therefore submitted that the acquisition proceedings have lapsed. Reliance is placed on several decisions of this Court wherein similar notifications were quashed, namely:

i) SRI.M.R.R.SETTY Vs. STATE OF KARNATAKA AND OTHERS, WP.Nos.20610-20612/2016 and 21299/2016(LA-KIADB), D.D.04.11.2016 ii) RAKESH BABU GOVINDAREDDY AND OTHERS Vs. STATE OF KARNATAKA AND OTHERS, WP.No.12078/2025 (LA-KIADB), D.D.10.06.2025 iii) M.D.SHIVANNA Vs. STATE OF KARNATAKA AND OTHERS, WP.No.15416/2023 (LA-KIADB), D.D.28.04.2025 iv) C.VALLIAPPA Vs. STATE OF KARNATAKA AND OTHERS, WP.No.58400/2021 (LA-KIADB), D.D.07.06.2021

4. Similarly placed persons had approached this Court in W.P. 234