Karnataka Industrial Area Development Board Vs Sri G Nanjappa

Digitally signed by SRI G NANJAPPA REKHA R S/O LATE GOPALAPPA, Location: AGED ABOUT 70 YEARS, High Court R/AT NALAPPANAHALLI VILLAGE, of CHANNARAYAPATNA HOBLI, Karnataka DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562 101.

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…RESPONDENT

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.41961/2019 DATED 08.02.2024.

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HC-KAR

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THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present intra Court appeal has been filed impugning the Order dated 08.02.2024 passed by the Writ Court in W.P.No.41961/2019, whereby the Final Notification issued under Section 28(4) of the Karnataka Industrial Area Development Act, 1966 (for short 'the KIAD Act') dated 15.11.2018 Gazetted on 13.12.2018 in so far as petitioner's land is concerned has been quashed on the ground that the petitioner, the land loser was not afforded adequate opportunity as provided under Section 28(3) of the KIAD Act.

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The parties are referred to as per their ranking before the learned Single Judge.

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HC-KAR

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The petitioner's land was part of 70 Acres of land which was proposed to be allotted in favor of M/s.Ather Energy Private Limited. Mr.Shashikiran Shetty., learned Senior counsel appearing for the appellant - Karnataka Industrial Area Development Board (for short 'the KIADB'), submits that allotment did not take place in favor of the said Company, and even approval has been withdrawn vide order dated 14.03.2024, produced as Annexure-R6 of the Affidavit dated 16.03.2026 filed by the CEO of the KIADB.

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This Court vide order dated 02.03.2026, directed the CEO of the KIADB to furnish entire details of M/s.Ather Energy Private Limited and therefore, we passed the following order:

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" ORAL ORDER

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We direct the learned counsel for the appellant - KIADB to place on record the application submitted by M/s.ATHER Energy Private Limited who made an application to the Single Window Clearance Committee for allotment of 70 Acres of land.

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We direct the KIADB to furnish entire details on following aspects of the said company and the

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HC-KAR

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application made by the said company for allotment of

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huge chunk of land of 70 Acres to it by the KIADB.

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(i) The date of incorporation of the said company.

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(ii) The business of the said company before the application.

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(iii) The details of Directors of the company at the time of incorporation and at the time of the application.

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(iv) The paid-up capital of the company.

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(v) The share capital of the company.

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(vi) The company returns for the last five years prior to the date of application.

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(vii) The entire copy of the application which was made by the said company for allotment of the land in its favor.

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The aforesaid information must be placed on record by the CEO of the KIADB by filing his personal affidavit before the next date of posting, failing which, he shall remain present before this Court.

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Post this appeal on 17.03.2026."

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In compliance of the said order, an affidavit

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came to be filed dated 16.03.2026 before this Court. However, in the said affidavit filed by the CEO, Dr.Mahesh.M, the desired information was not submitted and documents were not produced. We found that the

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HC-KAR

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affidavit dated 16.03.2026 was lacking in details as directed by this Court vide order dated 02.03.2026. We, vide order dated 17.03.2026 directed Dr.Mahesh.M, CEO to appear before this Court in person and explain his conduct in not furnishing the information on affidavit as ordered by this Court vide order dated 02.03.2026.

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In compliance of the order dated 17.03.2026, Dr.Mahesh.M, CEO of the KIADB is present before the Court. He has also filed further affidavit dated 18.03.2026 furnishing the details as desired vide order dated 02.03.2026. He has also tendered his unconditional apology for not complying with the order dated 02.03.2026 in its entirety. We accept the unconditional apology of Dr.Mahesh.M, CEO of the KIADB.

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The Writ Court has only quashed the Notification dated 15.11.2018 issued under Section 28(4) of the KIAD Act, Gazetted on 13.12.2018, so far as the land of the petitioner is concerned and has directed the

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HC-KAR

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Special Land Acquisition Officer to hear the petitioner and consider the petitioner's case that he has already put up construction of house in the property in question and thereafter, take decision to issue or not to issue Final Notification so far as the petitioner's land is concerned.

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We do not think that the order impugned passed by the learned Single Judge requires an interference. The learned Single Judge has only directed the respondents to give an opportunity of hearing as contemplated under Section 28(3) of the KIAD Act and thereafter, proceed for issuing Final Notification in accordance with the law, if required.

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In view thereof, we dispose of this Writ Appeal with a direction to the appellant - KIADB to issue notice to the petitioner and afford an opportunity of hearing as provided under Section 28(2) and 28(3) of the KIAD Act and thereafter, take a decision for issuing the Final Notification under Section 28(4) of the KIAD Act, if

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