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2026 Supreme(Online)(Kar) 20962
THE HIGH COURT OF KARNATAKA
S Sunil Dutt Yadav, J
Ramaswamy – Appellant
Versus
State Of Karnataka – Respondent
WP No. 22477 of 2025|WP No. 23049 of 2025|WP No. 23069 of 2025|WP No. 23326 of 2025|WP No. 23716 of 2025|WP No. 26977 of 2025|WP No. 27051 of 2025|WP No. 27123 of 2025|WP No. 27143 of 2025|WP No. 27163 of 2025|WP No. 27189 of 2025|WP No. 27590 of 2025
Important Points
Subject
Land Law - Land Acquisition
Act Referred
Headnote
Facts of the case:
The petitioners, who are landowners, challenged the preliminary and final notifications issued for the acquisition of their properties under the provisions of the State Industrial Areas Development Act. The petitioners contended that the acquisition process was flawed, specifically citing procedural lapses during the consideration of their objections. The challenge was based on parity with earlier proceedings before the Court where similar notifications were set aside.
Findings of Court:
The Court observed that in light of prior judicial pronouncements upheld by a Division Bench, the notifications issued under Section 28(4) and the orders passed under Section 28(3) were unsustainable. The Court mandated a fresh consideration of the objections by the acquiring authority, allowing petitioners to submit additional materials and requiring the authority to pass reasoned orders pursuant to principles of natural justice within a fixed timeline.
Issues: Whether the notifications issued under Section 28(4) of the Act were legally valid given the defects in the procedure followed under Section 28(3) for considering landowner objections.
Ratio Decidendi: Where the process of considering objections under Section 28(3) of the Act is found to be deficient, the consequential acquisition notifications under Section 28(4) must be quashed to maintain transparency and fairness, and the matter must be remanded for a fresh, reasoned determination after providing the landowners a fair opportunity to be heard.
Result: Petitions allowed; acquisition notifications and underlying orders set aside with directions for fresh proceedings.
For the Appellants/Petitioners: Mahesh M., B Ramesh
For the Respondents: Harish A.S., Vasantha, B.B. Patil, H.L. Pradeep Kumar, Sharanadeep
| Table of Content |
|---|
| 1. petitions seeking quashing of land acquisition notifications on principles of parity. (Para 1 , 2 , 3 , 4) |
| 2. reliance on precedents and appellate modifications for remand directions. (Para 5 , 6) |
| 3. remand of proceedings to slao for de novo consideration under section 28(3) of the kiad act. (Para 7 , 8) |
WRIT PETITION NO. 22477 OF 2025 (LA-KIADB)
C/W
WRIT PETITION NO. 23049 OF 2025 (LA-KIADB)
WRIT PETITION NO. 23069 OF 2025 (LA-KIADB)
WRIT PETITION NO. 23326 OF 2025 (LA-KIADB)
WRIT PETITION NO. 23716 OF 2025 (LA-KIADB)
WRIT PETITION NO. 26977 OF 2025 (LA-KIADB)
WRIT PETITION NO. 27051 OF 2025 (LA-KIADB)
WRIT PETITION NO. 27123 OF 2025 (LA-KIADB)
WRIT PETITION NO. 27143 OF 2025 (LA-KIADB)
WRIT PETITION NO. 27163 OF 2025 (LA-KIADB)
WRIT PETITION NO. 27189 OF 2025 (LA-KIADB)
WRIT PETITION NO. 27590 OF 2025 (LA-KIADB)
IN W.P. No. 22477/2025
BETWEEN:
1. SRI RAMASWAMY
S/O. LATE VENKATASWAMY,
AGED ABOUT 40 YEARS,
AT NO. 1125/12, 1ST FLOOR,
SERVICE ROAD, HAMPINAGAR,
VIJAYANAGAR 2ND STAGE,
BENGALURU-560 104.
REPRESENTED BY HIS GPA HOLDER,
SRI. K. N. SURENDRA.
... PETITIONER
(BY SRI. MAHESH M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF COMMERCE AND INDUSTRIES,
VIDHANA SOUDHA,
BENGALURU-560 001.
2. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER,
OFFICE AT NO. 49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU-560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER - 2
THE KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD (KIADB),
NO. 39, 4TH FLOOR, SHANTI GRUHA,
BHARATH SCOUTS AND GUIDES BUILDING,
PALACE ROAD,
BENGALURU-560 001.
... RESPONDENTS
(BY SRI. HARISH A.S., AGA FOR R1;
SRI VASANTHA, ADVOCATE FOR R2 AND R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT TO SET ASIDE THE IMPUGNED LAND ACQUISITION NOTIFICATION ISSUED BY THE RESPONDENT NO.1 BEARING NO.CI 58 SPQ2024 DATED 02.12.2024, ISSUED UNDER SECTION 28(4) OF KIAD ACT 1966 AT ANNEXURE-A IN RESPECT OF SY NO.33 MEASURING 0-30 GUNTAS OF S.MEDAHALLI VILLAGE, SARJAPURA-1 HOBLI, ANEKAL TALUK, BENGALURU DISTRICT IN RESPECT OF THIS PETITIONER AND ETC.
IN W.P. NO. 23049/2025
BETWEEN:
1. SRI VENKATESH C
S/O LATE VENKATAMMA AND
LATE CHIKKAPAPAIAH,
AGED ABOUT 51 YEARS,
AT NO.1125/12, 1ST FLOOR,
SERVICE ROAD, HAMPINAGAR,.
VIJAYANAGAR 2ND STAGE,
BENGALURU-560 104
REPRESENTED BY HIS GPA HOLDER,
SRI K N SURENDRA,
S/O NAGU.
... PETITIONER
(BY SRI. MAHESH M., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF COMMERCE AND INDUSTRIES,
VIDHANA SOUDHA,
BENGALURU-560 001.
2. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER,
OFFICE AT NO. 49, 4TH AND 5TH FLOOR,
EAST WING, KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU-560 001.
3. THE SPECIAL LAND ACQUISITION OFFICER - 2
THE KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD (KIADB),
NO. 39, 4TH FLOOR, SHANTI GRUHA,
BHARATH SCOUTS AND GUIDES BUILDING,
PALACE ROAD, BENGALURU-560 001.
... RESPONDENTS
(BY SRI. HARISH A.S., AGA FOR R1;
SRI VASANTHA, ADVOCATE FOR R2 AND R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT TO SET ASIDE THE IMPUGNED LAND ACQUISITION NOTIFICATION ISSUED BY THE RESPONDENT NO.1 BEARING NO.CI 58 SPQ2024 DATED 02.12.2024, ISSUED UNDER SECTION 28(4) OF KIAD ACT 1966 AT ANNEXURE-A IN RESPECT OF SY NO.33 (OLD SY.NO.33/P2) MEASURING 0-30 GUNTAS OF S.MEDAHALLI VILLAGE, SARJAPURA-1 HOBLI, ANEKAL TALUK, BENGALURU DISTRICT IN RESPECT OF THIS PETITIONER AND ETC.
IN W.P. NO. 23069/2025
BETWEEN:
1. SRI M YALLAPPA
S/O SRI.MUNIYAPPA,
AGE ABOUT 66 YEARS,
RESIDING AT NO.TYVAKANAHALLI,
BIDARAGUPPE, ANEKAL TALUK,
BENGALURU-562 107
REPRESENTED BY ITS GPA HOLDER
SRI.K.N.SURENDRA
S/O NAGU,
49 YEARS
AT NO.1125/12, 1ST FLOOR,
SERVICE ROAD, HAMPINAGAR,
VIJAYANAGAR 2ND STAGE,
BENGALURU - 560 104
... PETITIO
