IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 43 OF 2014 (LA-KIADB)

BETWEEN:

1. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS CHIEF EXECUTIVE MEMBER NO.143, 1ST FLOOR NRUPATHUNGA ROAD BANGALORE 560001

2. SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, KINI BUILDING GANDHINAGAR, BANGALORE 560009 …APPELLANTS D igitally (BY SRI. BASAVARAJ.V.SABARAD, SENIOR ADVOCATE FOR signed by VASANTHA SRI. H.L.PRADEEP KUMAR, ADVOCATE)

KUMARY B K AND:

Location:

HIGH COURT OF 1. SRI G BYRAPPA KARNATAKA S/O LATE GUMMAIAH AGED 68 YEARS R/A SHANMANGALA VILLAGE BIDADI HOBLI RAMANAGARAM DISTRICT BANGALORE 562109

2. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE 560001

3. DEPARTMENT OF INDUSTRIES AND COMMERCE STATE OF KARNATAKA BY ITS SECRETARY VIKASA SOUDHA BANGALORE 560001

4. KARNATAKA UDYOGA MITRA KHANIJA BHAVAN RACE COURSE ROAD BANGALORE 560001 …RESPONDENTS (BY SRI. M.N.SUDEV HEGDE, AGA FOR R2-R4;

SRI. M SHIVAPRAKASH., ADVOCATE FOR R1)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE SINGLE JUDGE DATED 07.11.2013 IN W.P.No.17610- 17611/2011 (LA-KIADB) AND DISMISS THE WRIT PETITION WITH COSTS THROUGHOUT.

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present intra Court appeal has been filed impugning the judgment and order dated 07.11.2013 passed by the learned Single Judge in W.P.Nos.17610- 17611/2011 (LA-KIADB) filed by the 1^st respondent herein.

2. The parties are referred to as per their ranking before the writ Court, for the sake of convenience.

3. The State Government had issued notifications under Section 3(1) and 1(3) of the Karnataka Industrial Areas Development Act, 1966 (for brevity referred to as 'the Act') declaring certain lands at Shanamangala Village Bidadi Hobli as Industrial Area. The Preliminary Notification came to be issued on 31.08.1998 under Section 28(1) of the Act including the land in Sy.No.32 measuring 6 Acres 25 guntas. The Final Notification came to be issued on 31.08.2004 under Section 28(4) of the Act acquiring 442.23 1/2 acres of lands including the land bearing Sy.No.32. A number of writ petitions came to be filed by the land owners challenging the land acquisition proceedings including W.P.No.7044/2008 filed by the petitioner. The writ Court dismissed the writ petitions including W.P.No.7044/2008 vide judgment and order dated 05.08.2010. The writ appeal No.3256/2010 including the writ appeal filed by the petitioner against the judgment and order dated 05.08.2010 in W.P.No.7044/2008, came to be dismissed by the Division Bench on 25.11.2022. Aggrieved by the decision of the Division Bench in writ appeals, the land owners including the petitioner, had filed SLP No.2177/2023 before the Supreme Court and the Supreme Court vide judgment and order dated 27.03.2023 has not interfered with the impugned order dated 25.11.2022 passed in Writ Appeal No.3256/2010 (LA-KIADB) C/w Others, however, granted liberty to the petitioners/land owners to stage their claims for higher compensation in respect of the plants stated to be standing on their lands. The petitioner was also granted liberty to represent the Competent Authority for release of his land, claiming parity with the adjoining land where it has been stated that now a tourist resort has been set up.

4. While writ appeals filed by the petitioner and other appellants were pending before the Division Bench in respect of the land in Sy.No.32 situated at Sanamangala Village, Ramanagara District, the petitioner filed W.P.Nos.17610-17611/2011 stating that the Department of Industries and Commerce, Government of Karnataka had issued notification dated 03.03.2007, wherein it