Sri Bhupendra Kumar Pokhama Vs State of Karnataka — Company and Corporate | Karnataka HC (2025)

Sri Bhupendra Kumar Pokhama Vs State of Karnataka — Company and Corporate | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; impugned preliminary notification dated 03.07.1999 (Annexure-A) quashed and set aside insofar as the petitioner's land is concerned; respondents at liberty to initiate fresh proceedings by issuing notification afresh in accordance with law if so advised; respondent No.5-NICE reserved liberty to proceed against other respondents if any grievance subsists, in accordance with law; all contentions kept open; no order as to costs.

Issue for consideration

Whether the preliminary notification dated 03.07.1999 (Annexure-A) issued by respondent No.1 under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 for the Bengaluru-Mysuru Infrastructure Corridor Project should be quashed insofar as the petitioner's land (Sy. No.183/2, Belavadi Village) is concerned. +1 more

Court's answer

The impugned preliminary notification dated 03.07.1999 (Annexure-A) issued by respondent No.1 under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 is quashed and set aside insofar as the petitioner's land is concerned.

Ratio / Principle

In view of the decisions of the co-ordinate Bench of this Court in Sri C. Valliappa, Sri Natawarlal Jasu and S. Akbar striking down the impugned preliminary notification, the petitioner herein is also entitled to similar relief.

Key takeaways

The respondents are at liberty to initiate fresh proceedings by issuing the notification afresh, in accordance with law, if so advised; respondent No.5-NICE is reserved liberty to proceed against the other respondents if any grievance subsists, in accordance with law; all contentions in that regard are kept open.obiter¶57

Detailed headnote1 paragraphs

Land acquisition - KIADB Act, 1966, S.28(1) - Preliminary Notification No. CI 196 SPQ 98 dated 03.07.1999 (Gazette Part-III No. 762, Annexure-A) for the Bengaluru-Mysuru Infrastructure Corridor Project challenged qua petitioner's land Sy. No.183/2 (old Sy. No.183) admeasuring 3 acre 17 guntas including 14 guntas of A kharab and 13 guntas of B kharab at Belavadi Village, Kasaba Hobli, Srirangapatna Taluk, Mandya District (Sl. No.41 in the preliminary notification) - Petitioner relied on orders of co-ordinate Benches in Sri C. Valliappa (W.P.No.8400/2021, dd 07.06.2021), Sri Natawarlal Jasu (W.P.No.4399/2023, dd 28.07.2023) and S. Akbar (W.P.No.7845/2025, dd 24.04.2025), wherein the same notification was struck down qua the respective petitioners' lands, and sought relief in terms of W.P.No.5424/2025 (dd 24.04.2025) - Respondent No.5-NICE did not dispute the submission - Held, the petitioner is entitled to similar relief; the impugned preliminary notification dated 03.07.1999 is quashed and set aside insofar as the petitioner's land is concerned - Respondents at liberty to issue notification afresh in accordance with law, if so advised; NICE reserved liberty against other respondents; all contentions kept open; no order as to costs.

1 - NC: 2025:KHC:53574 WP No. 37471 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 37471 OF 2025 (LA-KIADB)

BETWEEN:

SRI BHUPENDRA KUMAR POKHAMA S/O ROSHAN LAL POKHAMA, AGED ABOUT 51 YEARS, NO.27,2ND CROSS, CHAMUNDIVIHAR LAYOUT, NAZARBAD, MYSURU-570 010.

…PETITIONER

(BY SRI. LINGARAJU K.R..,ADVOCATE)

AND:

Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

STATE OF KARNATAKA REP., BY ITS UNDER SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, M.S BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001.

THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BORD, REP., BY ITS CHIEF EXECUTIVE OFFICER, NO.49, 4^TH AND 5^TH FLOOR, KHANIJA BHAVAN, RACE COURCE ROAD, BENGALURU - 560 001.

THE SPECIAL LAND ACQUISITION OFFICER, KARNATAKA INDUSTRIAL AREA DEVELOPMENT BORD (BMICP.,) NO. 2083/2, 1^ST CROSS, SUBASH NAGARA, MANDYA -571 401.

2 - NC: 2025:KHC:53574 WP No. 37471 of 2025

HC-KAR

THE BENGALURU MYSURU INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY, REP., BY ITS MEMBER SECRETARY, NO. 5, 2^ND FLOOR, LOOP LANE RACE COURSE ROAD, BENGALURU 560 009.

M/S, NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LTD., REP., BY THE MANAGING DIRECTOR, NO. 1, FORD GARDENS, OPP., MG., ROAD, BENGALURU - 560 001. REGISTERED UNDERCOMPANIES ACT-1956

…RESPONDENTS

(BY SRI. RAVINDRA V REDDY.,SPECIAL COUNSEL FOR R1; SRI. B.S.KARTHIKEYAN.,ADVOCATE FOR R2 AND R3; SRI. YOGESH D NAIK.,ADVOCATE FOR R4; SRI. NITHIN PRASAD.,ADVOCATE FOR R5)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OR ORDER IN THE NATURE OF CERTIORARI QUASHING THE PRELIMINARY NOTIFICATION BEARING NO. CI 196 SPQ 98 DATED 03/07/1999 ISSUED BY THE RESPONDENT NO.1 PUBLISHED IN THE GAZETTE NOTIFICATION PART -III NO. 762, VIDE ANNEXURE - A, PUBLISHED UNDER SECTION 28(1) OF THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD ACT., 1966 FOR FORMATION OF BENGALURU MYSURU INFRASTRUCTURE CORRIDOR PROJECT IN RESPECT OFTHE PETITIONER LANDBEARING SY, NO.183/2 (OLD SY., NO.183) MEASURING 3 ACRE 17 GUNTAS INCLUDING 14 GUNTA OF A KHARABAND 13 GUNTAS OF B KHARAB SITUATED AT BELAVADI VILLAGE, KASABA HOBLI, SRIRANGAPATNA TALUK MANDYA DISTRICT. (SL. NO. 41IN THE PRELIMINARY NOTIFICATION) IN TERMS OF ORDERS IN WRIT PETITION NO.5424/2025(LA-KIADB) DATED 24/04/2025 VIDE ANNEXURE - G AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

3 -

NC: 2025:KHC:53574 WP No. 37471 of 2025

HC-KAR

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

Sri. Ravindra V. Reddy, learned Special counsel

accepts notice for respondent No.1.

Sri. B.S.Karthikeyan, learned counsel is directed

to accept notice for respondent Nos.2 and 3.

Sri. Yogesh D. Naik, learned counsel is directed

to accept notice for respondent No.4.

Sri. Nithin Prasad, learned counsel is directed to accept notice for respondent No.5.

The petitioner has approached this Court seeking to quash the impugned preliminary notification dated 03.07.1999 (Annexure-A) issued by respondent No.1 under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966.

Learned counsel for the petitioner submits that the impugned preliminary notification had been subject

4 - NC: 2025:KHC:53574 WP No. 37471 of 2025

HC-KAR

matter of various litigations, and in each of those cases, this Court has set aside impugned notification insofar as the lands of respective petitioners were concerned. Reliance is placed on the orders passed in the cases of Sri

C. Valliappa Vs. The State of Karnataka and Others¹ (Sri C. Valliappa) , Sri Natawarlal Jasu Vs. The State of Karnataka and Others² (Sri Natawarlal Jasu) and S. Akbar Vs. The State of Karnataka and Others³ (S. Akbar).

Learned counsel for respondent No.5-Nandi Infrastructure Corridor Enterprises (NICE) do not dispute the submission advanced by the learned counsel for the petitioner.

The submission is taken on record.

In view of the decisions of the Co-ordinate

Bench of this Court in Sri C. Valliappa, Sri Natawarlal Jasu and S. Akbar striking down the impugned

1 W.P.No.8400/2021 D.D 07.06.2021

2 W.P.No.4399/2023 D.D 28.07.2023

3 W.P.No.7845/2025 D.D 24.04.2025

5 - NC: 2025:KHC:53574 WP No. 37471 of 2025

HC-KAR

preliminary notification, the petitioner herein is also entitled to similar relief.

Consequently, the following:

ORDER

i. Writ Petition is allowed.

ii. The impugned preliminary notification dated 03.07.1999 (Annexure-A) issued by respondent No.1 under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 is hereby quashed and set aside , insofar as the petitioner’s land is concerned.

iii. Needless to observe that the respondents are

at liberty to initiate fresh proceedings by issuing notification afresh, in accordance with law, if so advised.

iv. It is further clarified that the respondent No.5-NICE is reserved liberty to proceed

6 - NC: 2025:KHC:53574 WP No. 37471 of 2025

HC-KAR

against the other respondents, if any

grievance subsists, in accordance with law.

v. All contentions in that regard are kept open.

vi. No order as to costs.

Sd/-

_____________________ JUSTICE K.S. HEMALEKHA

PHM List No.: 1 Sl No.: 27