Sri a Abdul Rehman Khan Vs the Government of Karnataka

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF JULY, 2025

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BEFORE

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THE HON’BLE MR. JUSTICE R. DEVDAS

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WRIT PETITION NO.24075/2016 (LA-KIADB) C/W

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WRIT PETITION NO.16103/2018 (LA-KIADB) WRIT PETITION NO.3611/2024 (LA-KIADB) WRIT PETITION NO.10656/2023 (LA-KIADB) WRIT PETITION NO.19996/2023 (LA-KIADB) WRIT PETITION NO.41019/2016 (LA-KIADB) WRIT PETITION NO.41020/2016 (LA-KIADB) WRIT PETITION NO.33549/2017 (LA-KIADB) WRIT PETITION NO.48379/2018 (LA-KIADB) WRIT PETITION NO.206/2024 (LA-KIADB) WRIT PETITION NO.9793/2024 (LA-KIADB) WRIT PETITION NO.9805/2024 (LA-KIADB) WRIT PETITION NO.10238/2024 (LA-KIADB) WRIT PETITION NO.14924/2024 (LA-KIADB) WRIT PETITION NO.26497/2024 (LA-KIADB)

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IN W.P.NO.24075/2016:

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BETWEEN:

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1 . SRI A ABDUL REHMAN KHAN S/O SRI K A ALEEM KHAN, AGED 84 YEARS, PRESENTLY R/AT NO.112 & 113, 6^TH CROSS, J P NAGAR II PHASE, MARENAHALLI, BANGALORE-560 078.

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2 . SRI NASSAR FIYAZ S/O SRI ABDUL GAFFAR KHAN, AGED ABOUT 53 YEARS,

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-2-

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3 . SRI ANSAR FIAZ S/O ABDUL GAFFAR KHAN, AGED ABOUT 49 YEARS,

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4 . SRI KAISER FIAZ S/O ABDUL GAFFAR KHAN, AGED ABOUT 47 YEARS, PETITIONERS NO.2 TO 4 ARE R/AT NO.290, 9^TH CROSS AKKITHIMMANAHALLI, SHANTHINAGAR, B G GARDENS, BANGALORE-560 027. ...PETITIONERS (BY SRI. S V BHAT, ADVOCATE)

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AND:

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1 . THE GOVERNMENT OF KARNATAKA DEPARTMENT OF INDUSTRIES & COMMERCE M S BUILDING, BANGALORE-560 001 REP. BY ITS SECRETARY

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2 . THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, III FLOOR, KHENI BUILDING, III CROSS, GANDHINAGAR, BANGALORE-560 009.

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3 . THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.14/3, II FLOOR, RASHTROTHANA PARISHAT BUILDING, NRUPATHUNGA ROAD, BANGALORE-560 001 REPRESENTED BY ITS CHAIRMAN

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4 . NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD., #1, MIDFORD HOUSE, MIDFORD GARDEN, OFF MAHATMA GANDHI ROAD, BENGALURU - 560 001.

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-3-

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5 . NANDI ECONOMIC CORRIDOR

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ENTERPRISES LTD.,

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#1, MIDFORD HOUSE, MIDFORD GARDEN, OFF MAHATMA GANDHI ROAD, BENGALURU - 560 001.

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(R4 AND R5 CAUSE TITLE IMPLEADED VIDE COURT ORDER DATED 12.04.2018).

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...RESPONDENTS

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(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL SRI. S.A. AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO., SPL GOVERNMENT ADVOCATES FOR R1 SRI. H.L.PRADEEP KUMAR., ADVOCATE FOR R2 & R3 SRI. R.V.S. NAIK., SR. COUNSEL FOR SRI. NITIN PRASAD, ADVOCATE FOR R4 & R5)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DTD 19.12.1998 (ANNEXUER-J) AND NOTIFICATION DTD 17.10.2008 (ANNEXURE-O) ISSUED BY THE R-1 UNDER 28(1) AND 28(4) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT ACT, 1966 RESPECTIVELY AS HAVING BEEN LAPSED AND ETC.

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IN W.P.NO.16103/2018:

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BETWEEN:

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SRI. P PARTHASARATHY S/O LATE PACHIAPPAN AGED ABOUT 58 YEARS, R/AT NO.1, K.H.B.COLONY, 2^ND CROSS, 2^ND STAGE, BENGALURU - 560 079.

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...PETITIONER (BY SRI. H.N. SHAHSIDHARA., SR. COUNSEL FOR SRI. NATRAJ G KOTRE., ADVOCATE)

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-4-

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AND

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1 . THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, M.S. BUILDING, BENGALURU - 560 001.

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2 . THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KIADB) REP. BY ITS CHAIRMAN OFFICE OF SECRETARY, NRUPATHUNGA ROAD, BENGALURU - 560 001.

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3 . THE SPECIAL LAND ACQUISITION OFFICER, KIADB BANGALORE MYSORE INFRASTRUCTURE CORRIDOR PROJECT (BMICP) #3/2, KHENY BUILDING, 1^ST CROSS, GANDHINAGAR, BENGALURU - 560 009.

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4 . NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD., REP. BY ITS MANAGING DIRECTOR, SRI ASHOK KHENY #1, MIDFORD ROAD, MIDFORD GARDENS, OFF M.G.ROAD, BENGALURU - 560 001.

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5 . NANDI ECONOMIC CORRIDOR ENTERPRISES LTD., REP. BY ITS MANAGING DIRECTOR, SRI ASHOK KHENY #1, MIDFORD ROAD, MIDFORD GARDENS, OFF M.G.ROAD, BENGALURU - 560 001.

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...RESPONDENTS

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(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL SRI. S.A. AHMED & SRI. MALHARA RAO., AAG

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DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU

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-5-

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RAO., SPL GOVERNMENT ADVOCATES FOR R1 SRI. P.V.CHANDRASHEKAR., ADVOCATE FOR R2 & R3 SRI. R.V.S. NAIK., SR. COUNSEL FOR SRI. NITIN PRASAD, ADVOCATE FOR R4 SRI. ADITYA NARAYAN., ADVOCATE FOR R5)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACQUISITION PROCEEDING INITIATED BY THE RESPONDENTS IN RESPECT OF LAND BEARING SY.NO.154/10 MEASURING 2-00 ACRES (CONVERTED LAND) SITAUTED AT KENGERI VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT IS LAPSED AN ACCOUNT OF NOT PASSING THE AWARD AND PAID THE COMPENSATION AMOUNT AND ETC.

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IN W.P.NO.3611/2024:

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BETWEEN:

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1 . DR. A.R. RAGHU AGED ABOUT 53 YEARS, S/O LATE A.N. RADHAKRISHNAN, R/AT NO.275 RAMAIYENGAR ROAD, V V PURAM, BANGALORE – 560 004.

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2 . SMT. RANJANI R AGED ABOUT 52 YEARS, W/O DATTA CHIDAMBAR R/A LVB 601, HIRANANDHANI UPSCALE, AKSHAY NAGAR, BANNERGHATTA ROAD, BENGALURU – 560 068.

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3 . SRI RAVI A R AGED ABOUT 50 YEARS, S/O LATE A N RADHAKRISHNAN, R/AT NO.275, RAMAIYENGAR ROAD, V.V.PURAM, BANGALORE - 560 004.

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-6-

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4 . DR. S. DIVAKAR

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AGED ABOUT 62 YEARS, S/O SREENIVASAN, R/AT NO.223/B, UPSTAIRS, EQUITAS BANK, GANDHINAGAR 1^ST STREET, BELLARY – 583 403.

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5 . DR. ARAVIND PATEL, S/O M.R. PATEL, AGED ABOUT 64 YEARS R/AT ADARSH NURSING HOME GANDHI NAGAR, BELLARY – 583 103.

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6 . H RAMESH REDDY AGED ABOUT 68 YEARS, S/O LATE H KESHAVA REDDY NO.9/10, PATEL NAGAR, BELLARI – 583 101.

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...PETITIONERS

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(BY SRI. B.S. JEEVAN KUMAR, ADVOCATE)

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AND:

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1 . STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, PRINCIPAL SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT & CHAIRMAN KIADB, VIKAS SOUDHA BENGALURU- 560 001.

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2 . THE CHIEF EXECUTIVE OFFICER, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD IV AND V FLOORS, KHANIJA BHAVAN, NO.49, RACECOURSE ROAD, BANGALORE – 560 001.

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THE SPECIAL LAND ACQUISITION OFFICER-2 KARNATAKA INDUSTRIAL AREAS DEVELOPMENT

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-7-

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BOARD (BMICP), NO.14/3, 1^ST FLOOR, MAHARSHI ARVIND BHAVAN NRUPATHUNGA ROAD, BENGALURU-560 001.

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4 . NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD., #1, MIDFORD HOUSE, MIDFORD GARDEN, OFF M.G.ROAD, BENGALURU - 560 001 REPRESENTED BY ITS G M SRINATH MANGALORE.

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5 . NANDI ECONOMIC CORRIDOR ENTERPRISES LTD.,

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#1, MIDFORD HOUSE, MIDFORD GARDEN, OFF M.G. ROAD, BENGALURU - 560 001 REPRESENTED BY ITS G M SRI SRINATH MANGALORE.

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...RESPONDENTS

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(BY PROF. RAVIVARMA KUMAR, SR. COUNSEL SRI. S.A. AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO., SPL GOVERNMENT ADVOCATES FOR R1 SRI. B.B. PATIL., ADVOCATE FOR R2 & R3 SRI. R.V.S. NAIK., SR. COUNSEL FOR SRI. NITIN PRASAD, ADVOCATE FOR R4 & R5)

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THIS W.P. IS FILED UNDER ARTILCES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE AWARD DATED 07.01.2023, PASSED BY R-3 BEARING NO.LAQ(2)CR/3/1999-2000 (ANNEXURE-J) IN SO FAR AS PETITIONER LAND CONCERNED AND ETC.

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IN W.P.NO.10656/2023:

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BETWEEN:

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DR. MUNISWAMAPPA KUPPAHALLI, AGED ABOUT 66 YEARS S/O LATE NANJUNDAPPA R/AT NO 414, 5^TH MAIN ROAD,

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-8-

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4^TH CROSS, KENGERI UPANAGAR, BENGALURU – 560 060 ALSO R/AT NO.475, 6^TH MAIN 11^TH CROSS NEARING SWIMMING POOL, SADASHIVANAGAR BENGALURU – 560 080

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...PETITIONER

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(BY SRI. C.M. NAGABUSHANA, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BANGALORE-560 001 REPRESENTED BY ITS SECRETARY.

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2 . KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.49, 4^TH AND 5^TH FLOOR EAST WING, KHANIJA BHAVAN BANGALORE – 560 001

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REP. BY ITS CHIEF EXECUTIVE OFFICER.

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3 . THE SPECIAL LAND ACQUISITION OFFICER (BMICP) THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT 14/2, ARAVINDA BHAVANA NRUPATHUNGA ROAD BANGALORE – 560 001.

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4 . M/S. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE REP. BY ITS MANAGING DIRECTOR OLFFICE AT NO.1, MIDFORD HOUSE, MIDFORD GARDEN, OFF M.G. ROAD, BANGALORE-560 001.

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5 . NANDI ECONOMIC CORRIDOR ENTERPRISES LIMITED REP. BY ITS MANAGING DIRECTOR OFFICE AT NO.1, MIDFORD HOUSE, MIDFORD GARDEN,

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-9-

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OFF M.G. ROAD, BANGALORE-560 001. REGISTERED UNDER COMPANIES ACT.

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…RESPONDENTS

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(BY PROF. RAVIVARMA KUMAR, SR. COUNSEL SRI. S.A. AHMED & SRI. MALHARA RAO, AAG DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO., SPL GOVERNMENT ADVOCATES FOR R1 SRI. B.B. PATIL., ADVOCATE FOR R2 & R3 SRI. R.V.S. NAIK., SR. COUNSEL FOR SRI. NITIN PRASAD, ADVOCATE FOR R4 & R5)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE AWARD BEARING NO.BMICP/LAQ/SR/17(42)/199899/SR/17(44)/1988-99 AND 355/22-23 DATED 16.11.2022 PASSED BY THE R-3 AT ANNEXURE-J IN SO FAR AS PETITIONER LAND CONCERN AND ETC.

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IN W.P.NO.19996/2023:

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BETWEEN:

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1 . SRI. M. MAHADEVA S/O LATE MADAIAH AGED ABOUT 68 YEARS NO.127, 9^TH CROSS 4^TH MAIN ROAD, CHAMARAJPET BENGALURU-560 018.

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2 . SRI M SRINIVAS S/O LATE MADAIAH AGED ABOUT 57 YEARS R/AT NO.14, AGARA VILLAGE THATAGUNI ROAD BENGALURU SOUTH-560 082 REP. BY THEIR GPA HOLDER SMT. PREMA W/O M. MAHADEVA AGED ABOUT 62 YEARS

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-10-

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NO.127, 9^TH CROSS, 4^TH MAIN ROAD CHAMARAJPET, BENGALURU-560 018.

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...PETITIONERS

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(BY SRI. NATARAJU T., ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY COMMERCE & INDUSTRIES DEPARTMENT VIKASA SOUDHA, BENGALURU-560001.

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2 . KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD NO.14/3, RASHTROTHANA PARISHAT BUILDING, NRUPATHUNGA ROAD BENGALURU-560 001 REP. BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER

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3 . THE SPECIAL DEPUTY COMMISSIONER KIADB (BMICP), 1^ST FLOOR MAHARSHI ARVIND BHAVAN NRUPATHUNGA ROAD BENGALURU-560 001.

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4 . THE SPECIAL LAND ACQUISITION OFFICER-1 KIADB (BMICP), 1^ST FLOOR MAHARSHI ARVIND BHAVAN NRUPATHUNGA ROAD, BENGALURU-560 001.

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5 . NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LIMITED NO.1, MIDFORD HOUSE MIDFORD GARDEN OPP. MAHATMA GANDHI ROAD BENGALURU-560 001.

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-11-

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6 . THE TAHSILDAR BANGALORE SOUTH TALUK KANDAYA BHAVAN, K.G. ROAD BENGALURU-560 009.

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…RESPONDENTS

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(BY PROF. RAVIVARMA KUMAR, SR. COUNSEL SRI. S.A. AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO., SPL GOVERNMENT ADVOCATES FOR R1 & R6 SRI. B.B.PATIL., ADVCOATE FOR R2 TO R4 SRI. R.V.S. NAIK., SR. COUNSEL FOR SRI. NITIN PRASAD, ADVOCATE FOR R5 & R6)

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THIS W.P. IS FILED UNDER ARTILCES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD NO.LAQ.SR./16(2B, 8)/1998-99, 16(9)/1998-99, 16(21, 22, 4B, 23)/1998-99/380/22-23 DATED 23.11.2022 VIDE ANNEXURE-N IN RESPECT OF PETITIONERS’ LANDS BEARING SY NO.147/1, 147/2, 147/4, 147/5, 147/6, 147/8, 147/9, 147/10 SITUATED AT KENGERI VILLAGE THEREAFTER BABUSA PALYA NOW KNOWN AS BASAVESHWARANAGARA, PASSED BY THE R4 AND ETC.

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IN W.P. No.41019/2016:

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BETWEEN:

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SRI D KRISHNAPPA S/O LATE G.H. DODDAIAH AGED ABOUT 66 YEARS, R/AT NO.13/1, ATTIMARAMMA TEMPLE STREET, COTTONPET, BANGLAORE-53.

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...PETITIONER (BY SRI. G.BALAKRISHNA SHASTRY., ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY

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-12-

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DEPARTMENT OF REVENUE VIDHANA SOUDHA, BANGALORE-560 001.

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2 . THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, NO.22, KHERU BUILDING, GANDHINAGAR, BANGALORE-560 009.

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3 . NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED, NO.1, MIDFORD HOUSE, MIDFORD GARDEN, OFF: M.G. ROAD, BANGALORE-560 001.

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...RESPONDENTS

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(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL SRI. S.A. AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO., SPL GOVERNMENT ADVOCATES FOR R1 SRI. P.V.CHANDRASHEKAR., ADVOCATE FOR R2 SRI. R.V.S. NAIK., SR. COUNSEL FOR SRI. NITIN PRASAD, ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATIONS DTD. 19.12.1998 AND 12.3.2003 IN SO FAR AS ACQUISITION PERTAINS TO SCHEDULED LAND, ISSUED BY R-2 VIDE ANNEXURES-B & J AND ETC.

¶120

IN W.P. No.41020/2016:

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BETWEEN:

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SRI D. KRISHNAPPA S/O LATE G.H. DODDAIAH AGED ABOUT 66 YEARS, RESIDING AT NO.13/1,

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-13-

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ATTIMARAMMA TEMPLE STREET, COTTONPET, BANGALORE-560 053.

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...PETITIONER

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(BY SRI. G. BALAKRISHNA SHASTRY, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA, BANGALORE-560 001.

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2 . THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT, BOARD, NO.22, KHERU BUILDING, GANDHINAGAR, BANGALORE-560 009.

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3 . SRI NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED, NO.1, MIDFORD HOUSE, MIDFORD GARDEN, OFF: M.G. ROAD, BANGALORE-560 001.

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…RESPONDENTS

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(BY PROF. RAVIVARMA KUMAR, SENIOR COUNSEL SRI. S.A. AHMED & SRI. MALHARA RAO, AAG DR. RAVINDRA V., REDDY AND SRI. SIDDHARTH BABU RAO SPECIAL GOVERNMENT ADVOCATE FOR R1; SRI. P.V. CHANDRASHEKAR., ADVOCATE FOR R2; SRI. R.V.S. NAIK SENIOR COUNSEL FOR SRI. NITIN PRASAD., ADVOCATE FOR R3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / DENOTIFYING THE NOTIFICATION DATED 19.12.1998 VIDE ANNEXURE-B, AND NOTIFICATION DATED 12.03.2003 VIDE ANNEXURE-D, BOTH ISSUED BY THE R-2 THROUGH SPECIAL GAZETTE NOTIFICATION AND ETC.

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-14-

¶135

IN W.P. No.33549/2017:

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BETWEEN:

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SRI. V. BALAKRISHNA S/O VENKATAPPA AGED ABOUT 57 YEARS R/AT NO.47, DEEPIKA FARM BERATENA AGRAHARA VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK – 560 068. ...PETITIONER

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(BY SRI. S. KALYAN BASAVARAJ., ADVOCATE)

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AND:

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1 . STATE OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE, VIKASA SOUDHA, BANGALORE – 560 001 BY ITS PRINCIPAL SECRETARY. 2 . KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD A GOVT.OF KARNATAKA UNDERTAKING III & IV FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560 001 BY ITS MANAGING DIRECTOR. 3 . NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LIMITED, NO.1, MIDFORD HOUSE, MIDFORD GARDEN, OFF:M.G.ROAD, BANGALORE-560 001 BY ITS MANAGING DIRECTOR.

¶141

…RESPONDENTS

¶142

-15-

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(BY PROF. RAVIVARMA KUMAR, SENIOR COUNSEL SRI. S.A. AHMED & SRI. MALHARA RAO, AAG DR. RAVINDRA V., REDDY AND SRI. SIDDHARTH BABU RAO SPECIAL GOVERNMENT ADVOCATE FOR R1; SRI. B.B. PATIL., ADVOCATE FOR R2; SRI. R.V.S. NAIK SENIOR COUNSEL FOR SRI. NITIN PRASAD, ADVOCATE FOR R3)

¶144

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT ACQUISITION PROCEEDINGS UNDER PRELIMINARY NOTIFICATION DATED 19.12.1998 AND FINAL NOTIFICATION DTD 8.4.2003 [ANNEXURE-A1] ISSUED BY THE R-1 IN RESPECT OF THE LAND BEARING SY NO.47 TO AN EXTENT OF 26 GUTNAS INCLUDING KARAB IN BERATENA AGRAHARA VILLAGE, BEGURU HOBLI, BANGALORE SOUTH TALUK, WHICH IS IN POSSESSION AND ENJOYMENT OF THE PETITIONER, HAVE LAPSED UNDER SEC.24[2] OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY, REHABILITATION AND RESETTLEMENT ACT, 2013 AND ETC.

¶145

IN W.P. No.48379/2018:

¶146

BETWEEN:

¶147

B VENKATARAMA REDDY S/O LATE BALAPPA REDDY, AGED ABOUT 57 YEARS R/AT NO.469, 9^TH MAIN, HAL II STAGE, BANGALORE-560 075.

¶148

...PETITIONER

¶149

(BY SRI. T.N. VISHWANATHA & SRI. T.N. RAMESH, ADVOCATES)

¶150

AND:

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

¶152

-16-

¶153

2 . SPECIAL DEPUTY COMMISSIONER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (BMICP) NO.14/3, 2^ND FLOOR, R.P.BUILDINGS, NRUPATHUNGA ROAD, BENGALURU-560 001.

¶154

3 . THE SPECIAL LAND ACQUISITION OFFICER-1 KIADB (BMICP), 1^ST FLOOR, MAHARSHI ARVIND BHAVAN, NRUPATHUNGA ROAD, BANGALORE-560 001.

¶155

4 . M/S NANDI ECONOMIC CORRIDOR ENTERPRISES LTD NO.1, MIDFOR HOUSE, MIDFORD GARDEN, OFF MAHATMA GANDHI ROAD BENGALURU – 560 001 REP. BY ITS AUTHORISED SIGNATORY MR SRINATH MANGALORE.

¶156

5 . M/S NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD NO.1, MIDFORD HOUSE MIDFORD GARDEN OFF M G ROAD, BENGALURU – 560 001 REP. BY ITS AUTHORIZED SIGNATORY MR. SRINATH BANGALORE. (R-4 AND R-5 CAUSE TITLE AMENDED VIDE COURT ORDER DATED 20.01.2023)

¶157

…RESPONDENTS

¶158

(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL SRI. S.A. AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO., SPL GOVERNMENT ADVOCATES FOR R1 SRI. ASHOK N NAYAK, ADVOCATE FOR R2 & R3 SRI. S.B.MATHAPATI, ADVOCATE FOR R5 SRI. R.V.S. NAIK., SR. COUNSEL FOR

¶159

SRI. NITIN PRASAD, ADVOCATE FOR R4)

¶160

-17-

¶161

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 17.10.2016 (ANNEXURE-M) PURPORTED TO HAVE BEEN ISSUED BY THE R-3 UNDER SECTION 9 AND 10 OF THE LAND ACQUISITION ACT, 1894 AND ETC.

¶162

IN W.P. No.206/2024:

¶163

BETWEEN:

¶164

SRI SUBRATA GHOSH S/O SUBHAS CHANDRA GHOSH AGED ABOUT 52 YEARS R/O A-22 PATTERNS GOOD EARTH MALHAR KUMBALGODU KAMBIPURA BENGALURU – 560 074.

¶165

...PETITIONER

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(BY SRI. OMKARESHA, ADVOCATE)

¶167

AND:

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1 . THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA, M S BUILDING DR AMBEDKAR ROAD BENGALURU – 560 001.

¶169

2 . THE STATE OF KARNATAKA REP. BY THE SECRETARY TO INDUSTRIES AND COMMERCE DEPARTMENT VIDHANA SOUDHA, M S BUILDING DR AMBEDKAR ROAD BENGALURU – 560 001.

¶170

3 . THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS EXECUTIVE MEMBER BMICP, KHANIJA BHAVAN BENGALURU – 560 009.

¶171

-18-

¶172

4 . THE SPECIAL DEPUTY COMMISSIONER (LAND ACQUISITION) KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD BMICP 14/3, 1^ST FLOOR ARAVIND BHAVAN, NRUPATHUNGA ROAD BENGALURU - 560 001.

¶173

5 . THE SPECIAL LAND ACQUISITION OFFICER -1 (BMICP) KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, 14/3, 1^ST FLOOR ARAVIND BHAVAN, NRUPATHUNGA ROAD BENGALURU – 560 001.

¶174

6 . M/S NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD REP. BY ITS MANAGING DIRECTOR NO.1, MIDFORD GARDEN OFF M G ROAD, BENGALURU – 560 001 REG. UNDER COMPANIES ACT.

¶175

7 . M/S NANDI ECONOMIC CORRIDOR

¶176

ENTERPRISES LTD REP. BY ITS MANAGING DIRECTOR NO.1, MIDFORD GARDEN, OFF M G ROAD BENGALURU – 560 001 REG. UNDER COMPANIES ACT.

¶177

8 . BANGALORE-MYSORE INFRASTRUCTURE

¶178

CORRIDOR AREA PLANNING AUTHORITY (BMICAPA) NO.2, ANJANEYA BUILDING 5 LOOP ROAD, RACE COURSE ROAD GANDHI NAGAR, BENGALURU – 560 009 REP. BY MEMBER SECRETARY.

¶179

…RESPONDENTS (BY PROF. RAVIVARMA KUMAR., SR. COUNSEL SRI. S.A. AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU

¶180

-19-

¶181

RAO., SPL. GOVERNMENT ADVOCATES FOR R1 & R2 SRI. H.L. PRADEEP KUMAR., ADVOCATE FOR R3 TO R5 SRI. R.V.S. NAIK., SR. COUNSEL FOR

¶182

SRI. NITIN PRASAD, ADVOCATE FOR R6 & R7

¶183

SRI. YOGESH D NAIK., ADVOCATE FOR R8)

¶184

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE COSNTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED PRELIMINARY NOTIFICATION PASSED UNDER SECTION 28(1) OF THE KIAD ACT, 1966, BEARING NO.CI:196:SPQ:98, DATED 19/12/1998 WHICH IS GAZETTED ON 19/12/1998 AT ANNEXURE-G PASSED BY THE R2 AND ETC.

¶185

IN W.P. No.9793/2024:

¶186

BETWEEN:

¶187

SRI B N LAKSHMINARAYANA S/O LATE C G NARAYANASWAMY AGED ABOUT 52 YEARS, R/O NO.228, 5^TH ‘C’ MAIN, REMCO LAYOUT, VIJAYANAGARA, BENGALURU-560 040.

¶188

...PETITIONER

¶189

(BY SRI. OMKARESHA, ADVOCATE)

¶190

AND:

¶191

1 . THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, M.S. BUILDING, DR AMBEDKAR ROAD, BENGALURU-560 001.

¶192

2 . THE STATE OF KARNATAKA REPRESENTED BY THE SECRETARY TO INDUSTRIES AND COMMERCE DEPARTMENT, VIDHANA SOUDHA, M.S. BUILDING,

¶193

-20-

¶194

DR AMBEDKAR ROAD, BENGALURU-560 001.

¶195

3 . THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS EXECUTIVE MEMBER BMICP, KANIJA BHAVAN, BENGALURU-560 009.

¶196

4 . THE SPECIAL DEPUTY COMMISSIONER (LAND ACQUISITION) KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD BMICP, 14/3, 1^ST FLOOR, ARAVIND BHAVAN , NRUPATHUNGA ROAD BENGALURU - 560 001.

¶197

5 . THE SPECIAL LAND ACQUISITION OFFICER-1 (BMICP) KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, 14/3, 1^ST FLOOR, ARAVIND BHAVAN NRUPATHUNGA ROAD BENGALURU - 560 001.

¶198

6 . M/S NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD., REP. BY ITS MANAGING DIRECTOR NO.1, MIDFORD GARDEN, OFF M.G ROAD BENGALURU - 560 001 (REGISTERED UNDER COMPANIES ACT).

¶199

7 . M/S NANDI ECONOMIC CORRIDOR ENTERPRISES LTD., REP. BY ITS MANAGING DIRECTOR NO.1, MIDFORD GARDEN, OFF M.G ROAD BENGALURU - 560 001. (REGISTERED UNDER COMPANIES ACT).

¶200

-21-

¶201

8 . BANGALORE-MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY (BMICAPA) REPRESENTED BY ITS CHAIRMAN NO.2, ANJANEYA BUILDING, 5 LOOP ROAD, RACE COURSE ROAD GANDHI NAGAR, BENGALURU - 560 009.

¶202

…RESPONDENTS

¶203

(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL SRI. S.A. AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO., SPL GOVERNMENT ADVOCATES FOR R1 & R2 SRI. P.V.CHANDRASHEKAR., ADVOCATE FOR R3 TO R5 SRI. R.V.S. NAIK., SR. COUNSEL FOR SRI. NITIN PRASAD., ADVOCATE FOR R6 & R7 SRI. YOGESH D NAIK., ADVOCATE FOR R8)

¶204

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED PRELIMINARY NOTIFICATION PASSED UNDER SECTION 28(1) OF THE KIAD ACT, 1966, BEARING NO.CI.196.SPQ.98, DTD 19.12.1998 WHICH IS GAZETTED ON 19.12.1998 AT ANNEXURE-E PASSED BY THE R2 AND ETC.

¶205

IN W.P. No.9805/2024:

¶206

BETWEEN:

¶207

SRI B PARASHURAMAPPA S/O LATE BASAPPA, AGED ABOUT 71 YEARS, R/O 54/3, MUNISWAMAPPA GARDEN APORVA ROAD, 6^TH CROSS, 6^TH MAIN CHAMARAJPET, BENGALURU-560 018.

¶208

...PETITIONER (BY SRI. OMKARESHA, ADVOCATE)

¶209

-22-

¶210

AND:

¶211

1 . THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560 001.

¶212

2 . THE STATE OF KARNATAKA REP. BY THE SECRETARY TO INDUSTRIES AND COMMERCE DEPARTMENT VIDHANA SOUDHA, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGLAURU-560 001.

¶213

3 . THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS EXECUTIVE MEMBER BMICP, KANIJA BHAVAN BENGALURU-560 009.

¶214

4 . THE SPECIAL DEPUTY COMMISSIONER (LAND ACQUISITION) KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, BMICP, 14/3, 1^ST FLOOR ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001.

¶215

5 . THE SPECIAL LAND ACQUISITION OFFICER -1 (BMICP) KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD 14/3, 1^ST FLOOR, ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001.

¶216

6 . M/S NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD.,

¶217

-23-

¶218

REP. BY ITS MANAGING DIRECTOR, NO.1, MIDFORD GARDEN, OFF MG ROAD, BENGALURU-560 001 (REGISTERED UNDER THE COMPANIES ACT)

¶219

7 . M/S NANDI ECONOMIC CORRIDOR ENTERPRISES LTD., REP. BY ITS MANAGING DIRECTOR, NO.1, MIDFORD GARDEN OFF M.G. ROAD, BENGALURU-560 001 (REG. UNDER THE COMPANIES ACT)

¶220

8 . BANGALORE-MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY (BMICAPA) REPRESENTED BY ITS CHAIRMAN NO.2, ANJANEYA BUILDING, 5 LOOP ROAD, RACE COURSE ROAD, GANDHI NAGAR, BENGALURU-560 009.

¶221

…RESPONDENTS

¶222

(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL SRI. S.A. AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO., SPL GOVERNMENT ADVOCATES FOR R1 & R5 SRI. R.V.S. NAIK., SR. COUNSEL FOR SRI. NITIN PRASAD, ADVOCATE FOR R6 & R7 SRI. P.V. CHANDRASHEKAR., ADV., FOR R3 TO R5 SRI. YOGESH D NAIK., ADVCOATE FOR R8)

¶223

THIS W.P. IS FILED UNDER ARTILCES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED PRELIMINARY NOTIFICATION PASSED UNDER SECTION 28(1) OF THE KIAD ACT, 1966, BEARING NO. CI:196:SPQ:98, DATED 19/12/1998 WHICH IS GAZETTED ON 19/12/1998 AT ANNEXURE-L PASSED BY THE R2 AND ETC.

¶224

-24-

¶225

IN W.P. No.10238/2024:

¶226

BETWEEN:

¶227

1 . SMT ASHA RANI P W/O S PRASANNA KUMAR AGED ABOUT 42 YEARS,

¶228

2 . SMT. VEENA S S W/O DR. SATHYANARAYANA AGED ABOUT 48 YEARS,

¶229

BOTH ARE R/AT NO.206, 1^ST CROSS ARALAPPA LAYOUT RAMAMURTHYNAGAR BENGALURU-560 016.

¶230

...PETITIONERS

¶231

(BY SRI. OMKARESHA, ADVOCATE)

¶232

AND:

¶233

1 . THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560 001.

¶234

2 . THE STATE OF KARNATAKA REP. BY THE SECRETARY TO INDUSTRIES AND COMMERCE DEPARTMENT, VIDHANA SOUDHA, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560 001.

¶235

3 . THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS EXECUTIVE MEMBER BMICP, KHANIJA BHAVAN BENGALURU 560 009.

¶236

-25-

¶237

4 . THE SPECIAL DEPUTY COMMISSIONER

¶238

(LAND ACQUISITION ) KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, BMICP, 14/3, 1^ST FLOOR, ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001.

¶239

5 . THE SPECIAL LAND ACQUISITION OFFICER -1 (BMICP) KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD 14/3, 1^ST FLOOR, ARAVIND BHAVAN NRUPATHUNGA ROAD, BENGALURU-560 001.

¶240

6 . M/S NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD. REP. BY ITS MANAGING DIRECTOR, NO.1, MIDFORD GARDEN, OFF MG ROAD, BENGALURU-560 001 (REGISTERED UNDER COMPANIES ACT)

¶241

7 . M/S NANDI ECONOMIC CORRIDOR ENTERPRISES LTD. , REP. BY ITS MANAGING DIRECTOR, NO.1, MID FORD GARDEN, OFF MG ROAD, BENGALURU-560 001 (REGISTERED UNDER COMPANIES ACT)

¶242

8 . BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY (BMICAPA) REP. BY ITS CHAIRMAN NO.2 ANJANEYA BUILDING, 5 LOOP ROAD, RACE COURSE ROAD, GANDHI NAGAR, BENGALURU-560 009.

¶243

…RESPONDENTS

¶244

(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL

¶245

-26-

¶246

SRI. S.A. AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO., SPL GOVERNMENT ADVOCATES FOR R1 & R2 SRI. R.V.S. NAIK., SR. COUNSEL FOR SRI. NITIN PRASAD, ADVOCATE FOR R6 & R7 SRI. YOGESH D NAIK., ADVOCATE FOR R8 SRI. B.B. PATIL, ADVOCATE FOR R3 TO R5)

¶247

THIS W.P. IS FILED UNDER ARTILCES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED PRELIMINARY NOTIFICATION PASSED UNDER SECTION 28(1) OF THE KIAD ACT, 1966 BEARING NO. CI:196:SPQ:98 DTD 19.12.1998 WHICH IS GAZETTED ON 19.12.1998 AT ANNX-H PASSED BY THE R-2 AND ETC.

¶248

IN W.P. No.14924/2024:

¶249

BETWEEN:

¶250

SRI K KANNAN S/O. KUPPUSWAMY, AGED ABOUT 72 YEARS,

¶251

SMT. K. LAKSHMI W/O. KANNAN,

¶252

AGED ABOUT 69 YEARS,

¶253

BOTH ARE R/AT NO.19, 2^ND E MAIN, RAMAIAH LAYOUT, KACHARAKANAHALLI, BENGALURU-560 084.

¶254

...PETITIONERS

¶255

(BY SRI. OMKARESHA, ADVOCATE)

¶256

AND

¶257

1 . THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560 001.

¶258

-27-

¶259

2 . THE STATE OF KARNATAKA REP. BY THE SECRETARY TO INDUSTRIES AND COMMERCE DEPARTMENT, VIDHANA SOUDHA, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560 001.

¶260

3 . THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REP. BY ITS EXECUTIVE MEMBER BMICP, KANIJA BHAVAN, BENGALURU-560 009.

¶261

4 . THE SPECIAL DEPUTY COMMISSIONER (LAND ACQUISITION) KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, BMICP, 14/3, 1^ST FLOOR, ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001.

¶262

5 . THE SPECIAL LAND ACQUISITION OFFICER-1 (BMICP) KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, 14/3, 1^ST FLOOR, ARAVIND BHAVAN, NRUPATHUNGA ROAD, BENGALURU-560 001.

¶263

6 . M/S. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD., REP. BY ITS MANAGING DIRECTOR, NO. 1, MIDFORD GARDEN, OFF. M. G. ROAD, BENGALURU-560 001. (REGISTERED UNDER COMPANIES ACT)

¶264

7 . M/S. NANDI ECONOMIC CORRIDOR ENTERPRISES LTD.,

¶265

-28-

¶266

REP. BY ITS MANAGING DIRECTOR, NO. 1, MIDFORD GARDEN, OFF. M. G. ROAD, BENGALURU-560 001, (REGISTERED UNDER COMPANIES ACT)

¶267

8 . BANGALORE-MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY (BMICAPA) REPRESENTED BY ITS CHAIRMAN, NO.2, ANJANEYA BUILDING, 5 LOOP ROAD, RACE COURSE ROAD, GANDHI NAGAR, BENGALURU-560 009.

¶268

...RESPONDENTS

¶269

(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL SRI. S.A. AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO., SPL GOVERNMENT ADVOCATES FOR R1 & R2 SRI. C. RAMAKRISHNA., ADVOCATE FOR R3 TO R5 SRI. R.V.S. NAIK., SR. COUNSEL FOR SRI. NITIN PRASAD, ADVOCATE FOR R6 & R7 SRI. YOGESH D NAIK, ADVOCATE FOR R8)

¶270

THIS W.P. IS FILED UNDER ARTILCES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED PRELIMINARY NOTIFICATION PASSED UNDER SECTION 28(1) OF THE KIAD ACT, 1966, BEARING NO.CI:196:SPQ:98, DATED 19.12.1998 WHICH IS GAZETTED ON 19.12.1998 AT ANNEXURE-F PASSED BY THE RESPONDENT NO.2 IN SO FAR AS THE PETITIONER PROPERTY IS CONCERNED AND ETC.

¶271

-29-

¶272

IN W.P. No.26497/2024:

¶273

BETWEEN:

¶274

1 . SRI K T NARAYANASWAMY SON OF LATE THOUTAREDDY, AGED ABOUT 64 YEARS, R/A NO.28/116, 4^TH CROSS, 6^TH MAIN, CAUVERY NAGAR MAIN ROAD, BSK III STAGE, BENGALURU - 560 085.

¶275

2 . SMT. SUGUNA, WIFE OF K.T. NARAYANASWAMY, AGED ABOUT 60 YEARS, R/A NO. 28/116, 4^TH CROSS, 6^TH MAIN, CAUVERY NAGAR MAIN ROAD, BSK III STAGE, BENGALURU - 560 085.

¶276

3 . SMT. K.M. SHASHIKALA, WIFE OF LATE SHIVARAM, AGED ABOUT 65 YEARS, R/A NO.185, 7^TH CROSS ROAD, BAPUJI LAYOUT, VIJAYANAGAR, BENGALURU-560 040.

¶277

4 . SRI. JAYARAM SON OF LATE PAPAIAH, AGED ABOUT 42 YEARS, R/A GATTIGERE VILLAGE, HALAGEVADERAHALLI DAKHALE, KENGERI HOBLI, BENGALURU SOUTH TALUK- 560 088.

¶278

...PETITIONERS

¶279

(BY SRI. T.N. VISWANATHA, ADVOCATE)

¶280

-30-

¶281

AND:

¶282

1 . THE STATE OF KARNATAKA REPTD. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560 001.

¶283

2 . THE SECRETARY, INDUSTRIES AND COMMERCE DEPT. VIDHANA SOUDHA, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU - 560 001.

¶284

3 . THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD REPTD. BY ITS EXECUTIVE MEMBER, KHANIJA BHAVAN, BENGALURU - 560 009.

¶285

4 . THE SPECIAL DEPUTY COMMISSIONER-1 (LAND ACQUISITION), KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, BMICP, ] 14/3, 1^ST FLOOR, ARAVIND BHAVAN, NRUPATHUNGA ROAD BENGALURU - 560 001.

¶286

5 . THE SPECIAL LAND ACQUISITION OFFICER (BMICP) KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, 14/3, 1^ST FLOOR, ARAVIND BHAVAN, NRUPATHUNGA ROAD BENGALURU - 560 001.

¶287

6 . M/S NANDI INFRASTRUCTURE CORRIDOR ENTERPRISES LTD., REPTD. BY ITS MANAGING DIRECTOR, NO.1, MID-FORD GARDEN,

¶288

-31-

¶289

OFF M.G. ROAD, BENGALURU - 560 001.

¶290

7 . M/S NANDI ECONOMIC CORRIDOR ENTERPRISES LTD., REPTD. BY ITS MANAGING DIRECTOR, NO.1, MID-FORD GARDEN, OFF M.G. ROAD, BENGALURU - 560 001.

¶291

8 . SADANA SAMITHI REP. BY ITS PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT (BMICP), VIKASA SOUDHA DR B.R. AMBEDKAR ROAD BENGALURU-560 001

¶292

..RESPONDENTS

¶293

(BY PROF. RAVIVARMA KUMAR., SR. COUNSEL SRI. S.A. AHMED & SRI. MALHARA RAO., AAG DR. RAVINDRA V REDDY & SRI. SIDDHARTH BABU RAO., SPL GOVERNMENT ADV., FOR R1, R2 & R8 SRI. R.V.S. NAIK., SR. COUNSEL FOR SRI. NITIN PRASAD, ADVOCATE FOR R6 & R7)

¶294

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 READ WITH UNDER ARTICLE 14 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED AWARD DATED 02/08/2024 PASSED IN LAQ.SR/5(34/2002-03) ON THE FILE OF THE R5 VIDE ANNEXURE-AJ IN SO FAR AS PETITIONERS PROPERTIES SCHEDULE PROPERTIES AND ETC.

¶295

THESE WRIT PETITIONS ARE HAVING BEEN HEARD AND RESERVED ON 28.04.2025 AND 02.05.2025 AND COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY, R.DEVDAS. J. , MADE THE FOLLOWING:

¶296

-32-

¶297

CORAM: HON'BLE MR JUSTICE R DEVDAS

¶298

CAV COMMON ORDER

¶299

(PER: HON'BLE MR JUSTICE R DEVDAS)

¶300

In these batch of writ petitions the petitioners, whose lands have been acquired for the purpose of formation of the Infrastructure Corridor Project connecting Bangalore-Mysore Infrastructure Corridor Project (BMICP) have made various prayers such as to quash the acquisition notifications issued under Sections 28(1) and 28(4) of the Karnataka Industrial Area Development Act, and to set aside the awards passed by the Special Land Acquisition Officer (SLAO); to issue directions to the respondent authorities to either complete the land acquisition proceedings in accordance with the provisions of the KIAD Act and pay compensation immediately; in the alternative, direction to withdraw the lands from the acquisition proceedings; to declare that the land acquisition proceedings in accordance with

¶301

-33-

¶302

Section 24 of the Land Acquisition, Rehabilitation & Resettlement Act, 2013 have lapsed, etc. Therefore, all these writ petitions are heard together and disposed of by this common order.

¶303

However, at the outset the learned counsels appearing for the writ petitioners, led by learned Senior Counsel Sri H.N. Shashidhara have submitted that it would suffice if this Court were to issue directions to the respondent-SLAO to pass a fresh award taking the market value prevailing as on 22.04.2019, as was directed by the

¶304

Hon’ble Apex Court in the case of Bernard Francis Joseph Vaz & Others Vs. Government of Karnataka & Others¹ . It is contended that the said case too arises from the impugned acquisition notifications and though an award was passed by the SLAO on 22.04.2019 shifting/ postponing the date of the preliminary notification to the year 2011 and by considering the guideline rates prevailing in the year 2011, the Hon’ble Apex Court

¶305

1 (2025) SCC Online SC 20

¶306

-34-

¶307

directed the SLAO to pass a fresh award taking the market value prevailing as on 22.04.2019 and also directed that the appellants therein shall be entitled to all statutory benefits as are available to them in law. The learned counsels would therefore contend that since the writ petitioners are similarly situated as that of the appellants before the Apex Court, similar directions may be issued to the respondent-SLAO to pass a fresh award accordingly.

¶308

Per contra, learned Senior Counsels Sri.D.L.N. Rao and Sri.R.V.S.Naik, along with learned counsel Sri.Nitin Prasad, appearing for the respondent-NICE and NECE contended that the said decision of the Hon’ble Apex Court has been rendered in exercise of Article 142 of the Constitution of India and therefore this Court cannot issue such directions. Moreover, it is contended that the appellants in the case of Bernard Francis ( supra ) had raised a challenge to the award dated 22.04.2019 before this Court and it is on the basis of such prayer made by

¶309

-35-

¶310

the appellants therein, that the Hon’ble Apex Court found it necessary to invoke the extraordinary powers conferred on the Apex Court under Article 142 of the Constitution of India and issued such directions. However, none of the writ petitioners raised a challenge to the award passed by the SLAO and therefore they are not entitled for such a relief at the hands of this Court.

¶311

Heard the learned Senior Counsel

¶312

Sri.H.N.Shashidhara and learned Counsels Sri.B.Ramesh, Sri.T.N.Vishwanatha, Sri. S.V.Bhat, Sri.

¶313

C.M.Nagabhushana, Sri. G.Balakrishna Shastry and Sri. Omkaresha for the petitioners, learned Senior Counsels Sri.D.L.N Rao, Sri.R.V.S.Naik, Sri. Prabhuling K Navadgi, Prof.Ravivarma Kumar, Sri.S.A.Ahmed, learned Additional Advocate General, Sri.Mallaharao K., learned Additional Advocate General, Sri.Siddarth Babu Rao, Sri.Ravindra V Reddy, Special Counsels, and learned Counsels Sri.P.V.Chandrashekar, Sri C.Ramakrishna, Sri.Murugesh V.Charati, Sri.B.B.Patil, Sri.Nitin Prasad, Sri H.L.Pradeep

¶314

-36-

¶315

Kumar, Sri.K.Krishna, Sri.Yogesh D. Naik and Sri.Ashok N. Nayak, appearing for the respondent-NICE, NECE,

¶316

KIADB, BMICPA and perused the petition papers.

¶317

Having regard to the narrow compass within which the issue to be considered lies, it would be relevant to notice the observations of the Apex Court in the case of

¶318

Ram Chand And Others Vs. Union of India And Others² which was culled out in the judgment in Bernard Francis (supra) as under:

¶319

“ 16. On behalf of the respondents, it was pointed out that the petitioners have approached this Court only after making of the awards, or when awards were to be made, having waited for more than fourteen years, without invoking the jurisdiction of the High Court under Article 226 or of this Court under Article 32. It is true that this Court has taken note of delay on the part of the petitioners concerned in invoking the jurisdiction of the High Court or of this Court for quashing the land acquisition proceedings on the ground that the proceedings for acquisition of the lands in question have remained pending for more than a decade, in the cases of Aflatoon v. Lt. Governor of Delhi [(1975) 4 SCC 285] and Ramjas Foundation v. Union of India [1993 Supp (2) SCC 20 : AIR 1993 SC 852] . According to us, the question of delay in invoking the writ jurisdiction of the High Court under Article 226 or

¶320

2 1994 SCC (1) 44

¶321

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of this Court under Article 32, has to be considered along with the inaction on the part of the authorities, who had to perform their statutory duties. Can the statutory authority take a plea that although it has not performed its duty within a reasonable time, but it is of no consequence because the person, who has been wronged or deprived of his right, has also not invoked the jurisdiction of the High Court or of this Court for a suitable writ or direction to grant the relief considered appropriate in the circumstances? The authorities are enjoined by the statute concerned to perform their duties within a reasonable time, and as such they are answerable to the Court why such duties have not been performed by them, which has caused injury to claimants. By not questioning, the validity of the acquisition proceedings for a long time since the declarations were made under Section 6, the relief of quashing the acquisition proceedings has become inappropriate, because in the meantime, the lands notified have been developed and put to public use. The lands are being utilised to provide shelter to thousands and to implement the scheme of a planned city, which is a must in the present setup. The outweighing public interest has to be given due weight. That is why this Court has been resisting attempts on the part of the landholders, seeking quashing of the acquisition proceedings on ground of delay in completion of such proceedings. But, can the respondents be not directed to compensate the petitioners, who were small cultivators holding lands within the ceiling limit in and around Delhi, for the injury caused to them, not by the provisions of the Act, but because of the non-exercise of the power by the authorities under the Act within a reasonable time? ”

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Moreover, it is well settled by now, that in the

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matter of determination and award of compensation for acquisition of lands, similarly situated persons are required to be compensated similarly. There cannot be discrimination in the matter of determination and award of compensation. It is also necessary to notice that in the Land Acquisition Act, 1894, care is taken to ensure determination of compensation and award in a fair and just manner and that there shall not be discrimination. Section 28A of the Act, 1894 is put in place to ensure redetermination of the amount of compensation on the basis of a subsequent award passed by the Court. The egalitarian concept of ensuring fair and just compensation has left its imprint throughout the statute.

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Coming to the contention of the respondents that

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the Hon’ble Apex Court has exercised its powers under Article 142 of the Constitution of India and therefore such directions cannot be issued by this Court, it is relevant to

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notice paragraph No.52 of the judgment which reads as follows:

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“52. No doubt that as already observed by us hereinabove, we do not find any error in the approach adopted by the learned Single Judge of the High Court in holding that the SLAO could not have shifted the date and it could have been done only by this Court in exercise of powers under Article 32/142 of the Constitution of India or by the High Court under Article 226 of the Constitution of India. However, the learned Single Judge of the High Court instead of relegating the appellants to again go through the rigors of determination by SLAO, ought to have exercised powers under Article 226 of the Constitution to do complete justice. Even the Division Bench of the High Court on a hyper technical ground has non-suited the appellants.”

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It is therefore clear that the Apex Court expected

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the learned Single Judge and the Hon’ble Division Bench of this Court to have exercised powers under Article 226 of the Constitution to do complete justice. Therefore, the contention of the respondents in this regard is required to be rejected and is accordingly rejected.

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The Hon’ble Apex Court, in paragraphs No.54 to

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56 of the judgment in Bernard Francis (supra) has

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eloquently captured the reasons for issuing such direction to the SLAO to pass a fresh award taking the market value prevailing as on 22.04.2019. It is held that if the compensation to be awarded at the market value as of the year 2003 is permitted, it would amount to permitting a travesty of justice and making the constitutional provisions under Article 300A a mockery.

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For the reasons stated hereinabove, this Court proceeds to pass the following order:

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ORDER

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(i) The Special Land Acquisition Officer shall pass a fresh award taking the market value prevailing as on 22.04.2019, in respect of the lands belonging to the writ petitioners, within a period of three months from the date of receipt of a copy of this order, after hearing the parties.

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