Landowner sought denotification of lands acquired for KIADB and exemption of remaining property. The court held that after final notification under Section 28(4) of the KIAD Act the land vests in the Government under Section 28(5), leaving no right to denotification, and acquisition for public purpose is a plenary power of the State.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:23322 WP No. 5370 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.5370 OF 2023 (LA-KIADB)
BETWEEN:
S/O LATE MUNIYAPPA AGED ABOUT 44 YEARS RESIDING AT HARALURU VILLAGE BETTAKOTE POST CHANNARAYAPATTANA HOBLI DEVANAHALLI TALUK-562 114 BENGALURU RURAL DISTRICT.
…PETITIONER
(BY SRI ANANDA H.C., ADVOCATE)
AND:
Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka
NC: 2024:KHC:23322 WP No. 5370 of 2023
…RESPONDENTS
(BY SRI P.V. CHANDRASHEKAR, ADVOCATE FOR R.2 & R.3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO DE-NOTIFY THE SCHEDULE-A PROPERTIES FROM THEIR ACQUISITION PROCEEDINGS AND TO ISSUE NO OBJECTION CERTIFICATE IN RESPECT OF THE SCHEDULE-A PROPERTY VIDE NOTIFICATION DATED 15.11.2018, ISSUED UNDER SECTION 28(4) OF THE K.I.A.D. ACT, 1966, NO.CI 230 SPQ 2018, BENGALURU, WHICH IS AT ANNEXURE-A, ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
acquired for the purpose of the Karnataka Industrial Areas Development Board ('KIADB' for short). Hence, he has
filed the instant writ petition with the following prayers:
"Wherefore the petitioner humbly begs to prays that this Hon'ble Court may kindly be pleased to;
NC: 2024:KHC:23322 WP No. 5370 of 2023
a) Direct the respondents to de-notify the schedule - A properties from their acquisition proceedings and to issue No Objection Certificate in respect of the schedule-A property vide Notification dated 15.11.2018, issued under Section 28(4) of the K.I.A.D.B Act-1966, No: CI 230 SPQ 2018, Bengaluru, which is at ANNEXURE-A
b) Direct the respondents to not to acquire the schedule - B of the petition schedule property and to issue No Objection Certificate in respect of the schedule - B property of the petition schedule property as per Annexures D, E, F, dated 23.10.2019 and 24.10.2019, in the interest of justice and equity.
c) Pass order of consequential relief or any other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity."
challenged the acquisition of his lands on any viable grounds. On the contrary, he has given a representation to the KIADB to denotify his lands. By an order dated 08.08.2022 passed in W.P.No.3182/2022, this Court has directed the KIADB to consider the request of the petitioner. As the petitioner does not have a right to claim denotification of his lands, the KIADB has rejected the
NC: 2024:KHC:23322 WP No. 5370 of 2023
request of the petitioner. Aggrieved by the same, the present writ petition is filed.
NC: 2024:KHC:23322 WP No. 5370 of 2023
being devoid of merits is hereby dismissed.
Sd/JUDGE
hkh.
2 issues framed by the court
Whether the court can direct denotification of land after final notification under Section 28(4) KIAD Act when the land has vested in the Government.
Whether the petitioner can seek that remaining property be exempted from acquisition.
3 provisions across 2 enactments
Narasimhaiah
State of Karnataka
Karnataka Industrial Areas Development Board
Special Land Acquisition Officer, KIADB
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
