THE HIGH COURT OF KARNATAKA
Anu Sivaraman, Vijaykumar A. Patil, JJ
Karnataka Industrial Areas Development Board – Appellant
Versus
State of Karnataka – Respondent
WRIT APPEAL NO.1382 OF 2023|CIVIL CONTEMPT PETITION NO.169 OF 2024
| Table of Content |
|---|
| 1. summary of acquisition history and the challenge raised against the single judge order. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments concerning the applicability of the 2013 act versus the kiad act. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. the principle that kiad act is a self-contained code and the non-applicability of the 2013 act. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
IN W.A.NO.1382/2023:
BETWEEN:
1 . KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD III AND IV FLOORS
KHANIJA BHAVAN RACE COURSE ROAD
BENGALURU - 560 001 REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER
2 . THE SPECIAL DEPUTY COMMISSIONER KIADB
III AND IV FLOORS KHANIJA BHAVAN, RACE COURSE ROAD
BENGALURU - 560 001
3 . THE SPECIAL LAND ACQUSITION OFFICER -II
III AND IV FLOORS KIADB KHANIJA BHAVAN
RACE COURSE ROAD BENGALURU - 560 001
...APPELLANTS (BY SRI. K.SHASHI KIRAN SHETTY, SR. ADV. FOR
SRI. P.V.CHANDRASHEKAR, ADV.)
AND:
1 . STATE OF KARNATAKA REPRESENTED BY ITS
PRINCIPAL SECRETARY COMMERCE
AND INDUSTRIES DEPARTMENT VIKASA SOUDHA
BENGALURU - 560 001
2 . SRI M. V. GURUPRASAD S/O M. B. VITTAL RAO
AGED ABOUT 68 YEARS R/AT NO.690/K
14TH MAIN J.P. NAGAR, II PHASE
BENGALURU - 560 078
3 . SMT. NANDINI M. GURUPRASAD @ NANDINI G. MANKALE
AGED ABOUT 57 YEARS R/AT NO.690/K
14TH MAIN J.P. NAGAR, II PHASE
BENGALURU - 560 078 ...RESPONDENTS
(BY SMT. SAVITHRAMMA, AGA FOR R1;
SRI. ROHAN VEERANNA TIGADI, ADV. FOR R2 & R3)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 10.02.2023 IN WPs No.61426-427/2016 (LA-KIADB), PASSED BY THE LEARNED SINGLE JUDGE.
IN CCC NO.169/2024:
BETWEEN:
1 . SRI M. V. GURUPRASAD S/O M. B. VITTAL RAO
AGED ABOUT 62 YEARS RESIDING AT 690/K, 14TH
MAIN J.P.NAGAR 2ND PHASE BANGALORE-560 078
2 . SMT. NANDINI M. GURUPRASAD @ NANDINI G. MANKALE
AGED ABOUT 57 YEARS RESIDING AT 690/K, 14TH
MAIN J.P.NAGAR 2ND PHASE BANGALORE-560 078
...COMPLAINANTS
(BY SRI. ROHAN VEERANNA TIGADI, ADV.)
AND:
1 . DR. S. SELVAKUMAR PRINCIPAL SECRETARY
COMMERCE AND INDUSTRIES DEPARTMENT VIKASA SOUDHA,
BANGALORE-560 001
2 . DR. MAHESH M.
CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
III AND IV FLOORS KHANIJA BHAVAN
RACE COURSE ROAD BANGALORE-560 001
3 . SRI DAYANAND BHANDARI SPECIAL DEPUTY COMMISSIONER
KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD III AND IV FLOORS, KHANIJA BHAVAN
RACE COURSE ROAD BENGALURU-560 001
4 . SRI TEJAS KUMAR SPECIAL LAND ACQUISITION OFFICER-II
BANGALORE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
III AND IV FLOORS KHANIJA BHAVAN
RACE COURSE ROAD BANGALORE-560 001
...ACCUSED
(BY SMT. SAVITHRAMMA, AGA FOR A1;
SRI. K.SHASHI KIRAN SHETTY, SR. ADV. FOR SRI. P.V.CHANDRASHEKAR, ADV. FOR ACCUSED 2 TO 4)
THIS CCC IS FILED UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTIONS 11 AND 12 OF THE Contempt of Court Act, 1971 , PRAYING TO INITIATE CONTEMPT PROCEEDINGS AND PUNISH THE ACCUSED PERSONS FOR BLATANT AND WILFUL DISOBEDIENCE OF THE JUDGMENT AND ORDER DATE 10.02.2023 (ANNEXURE-A) PASSED BY THIS
COURT IN W.P.NO.61426/2016.
THESE WRIT PETITION AND CCC HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 01.04.2026 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)
1. This Writ Appeal is filed challenging the Order dated 10.02.2023 passed by the learned Single Judge in Writ Petition No.61426/2016 (LA-KIADB). The Contempt of Court case is filed alleging willful disobedience of the same Order.
2. We have heard Shri. K. Shashi Kiran Shetty, learned senior counsel as instructed by Shri. P.V. Chandrashekar, learned advocate appearing for the appellants in the Writ Appeal and for accused No. 2 to 4 in the Contempt of Court case; Smt. Savithramma, learned Additional Government Advocate appearing for respondent No.1 in the Writ Appeal and for proforma respondent No.1 in the Contempt of Court case;
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