IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.503 OF 2023 (GM-KIADB)

BETWEEN:

M/S. P.M. INFRASTRUCTURE PVT. LTD.

A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 REPRESENTED BY ITS DIRECTOR MR. M. BABANNA No.129, 7^TH MAIN V BLOCK, JAYANAGAR BENGALURU-560 041 ...APPELLANT (BY SRI. RAJESWARA P.N., ADVOCATE)

AND:

1 . STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT VIKASA SOUDHA BENGALURU-560 001

2 . THE COMMISSIONER FOR INDUSTRIAL DEVELOPMENT AND DIRECTOR OF INDUSTRIES AND COMMERCE

2^ND FLOOR, SOUTH WING KHANIJA BHAVANA RACE COURSE ROAD BENGALURU-560 001

3 . KARNATAKA UDYOG MITRA REPRESENTED BY ITS MANAGING DIRECTOR

3^RD FLOOR KHANIJA BHAVAN (SOUTH WING)

No.49, RACE COURSE ROAD BENGALURU-560 001

4 . KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER No.5, FOURTH FLOOR KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560 001 ...RESPONDENTS (BY SMT. PRAMODHINI KISHAN, AGA FOR R1 & R2;

SMT. RUPA V. RON, ADVOCATE FOR R3;

SRI. B.B. PATIL, ADVOCATE FOR C/R4;

SRI. AJAY J.N, ADVOCATE FOR IMPLEADING APPLICANT ON I.A.No.2/2024)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 16.03.2023 IN W.P.No.11510/2020 (GM-KIADB), PASSED BY THE LEARNED SINGLE JUDGE.

THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 19.01.2026 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, ANU SIVARAMAN J., PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

CAV JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This writ appeal is preferred challenging the order dated 16.03.2023 passed by the learned Single Judge in Writ Petition No.11510/2020 (GM-KIADB).

2. We have heard Shri Rajeswara P.N, learned counsel appearing for the appellant, Smt. Pramodhini Kishan, learned Additional Government Advocate appearing for respondents No.1 and 2, Smt. Rupa V. Ron, learned counsel appearing for respondent No.3 and Shri. B.B. Patil, learned counsel appearing for caveator/respondent No.4. Shri. Ajay J.N, learned counsel appearing for the impleading applicant in I.A.No.2/2024.

3. The brief facts of the case are as follows:-

The appellant applied for project clearance on

17.04.2010. As the project cost exceeded Rs.100 Crores, it was considered by the State High Level Clearance Committee ('SHLCC' for short). In the meeting dated

24.05.2010, the SHLCC cleared the appellant's project and directed the Karnataka Industrial Areas Development Board ('KIADB' for short) to acquire and allot 163 acres of land as a Single Unit Complex ('SUC' for short). The Government issued an order dated 02.06.2010 directing KIADB to acquire and allot SUC 163 acres of land in Sy.No.125 of Chikkahullur Village. In the 23^rd SHLCC held on 19.06.2010, the survey number was corrected and a corrigendum dated 16.07.2010 rectified the land description as Sy.No.25 of Chikkahullur Village, a Government land, to be allotted to the appellant as SUC.

By Government order dated 26.03.2015, 167 acres of land in Sy.No.25 of Chikkahullur Village were transferred to KIADB for allotment to the appellant as SUC, subject to KIADB remitting payment of land value at prevailing market guidelines. By letter dated 16.04.2015, the Deputy Commissioner directed KIADB to remit Rs.65 lakhs per acre for 109 acres and Rs.45 lakhs per acre for 58 acres. The transfer was completed on 08.05.2015 as evidenced by the Tahasildar's letter. Though the project was cleared on 24.05.2010, land came into the possession of the KIADB only on 08.05.2015. KIADB's allotment file recorded that no demand had been raised earlier as the land had not been transferred by the Government to the KIADB.

Despite this, KIADB neither issued a demand notice nor allotted the land, instead raising a technical objection th