Sri K a Venkatesh Vs the State of Karnataka

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1 - NC: 2026:KHC:29300 WP No. 29930 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 29930 OF 2025 (LA-KIADB)

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BETWEEN:

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SRI K A VENKATESH S/O K.A.DURAI AGED 57 YEARS FLAT NO. 102, SANATH SADAN APARTMENTS SITUATED AT 20 SANATH SADAN, 4^TH CROSS RIGHT SIDE, RK GARDENS, NEW BEL ROAD, BENGALURU - 560 054.

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Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA

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SMT. RAKSHA A. W/O SRIVATHSAN RAVICHANDRAN AGED 35 YEARS, FLAT NO. 101, SANATH SADAN APARTMENTS SITUATED AT 20 SANATH SADAN, 4^TH CROSS RIGHT SIDE, RK GARDENS, NEW BEL ROAD, BENGALURU - 560 054.

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NAGAVENI L.R. D/O RAJARATHNAM R. AGED 41 YEARS, FLAT NO.103, SANATH SADAN APARTMENTS SITUATED AT 20 SANATH SADAN, 4^TH CROSS RIGHT SIDE, R K GARDENS, NEW BEL ROAD, BENGALURU - 560 054.

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SMT.ANURADHA K. W/O CHINNARANGIAH

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HC-KAR

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AGED 59 YEARS, FLAT NO. 104, SANATH SADAN APARTMENTS SITUATED AT 20 SANATH SADAN, 4^TH CROSS RIGHT SIDE, RK GARDENS, NEW BEL ROAD, BENGALURU - 560 054.

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SRI. A.SANATH KUMAR S/O A.L.N.ACHARYALU AGED 66 YEARS, FLAT NO.201, 401, 402 & 403 SANATH SADAN APARTMENTS SITUATED AT 20 SANATH SADAN, 4^TH CROSS RIGHT SIDE, RK GARDENS, NEW BEL ROAD, BENGALURU - 560 054.

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SRI. SUDHEER B.N. C/O SHEELA RAO FLAT NO. 203, AGED 60 YEARS, SANATH SADAN APARTMENTS SITUATED AT 20 SANATH SADAN, 4^TH CROSS RIGHT SIDE, RK GARDENS, NEW BEL ROAD, BENGALURU - 560 054.

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SMT.SHEELA RAO W/O SUDHEER B.N. AGED 53 YEARS, FLAT NO.203, SANATH SADAN APARTMENTS SITUATED AT 20 SANATH SADAN, 4^TH CROSS RIGHT SIDE, RK GARDENS, NEW BEL ROAD, BENGALURU - 560 054.

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SRI. C.K.SAJAN S/O KUNHIPAVU AGED 64 YEARS, FLAT NO. 204, SANATH SADAN APARTMENTS SITUATED AT 20 SANATH SADAN,

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HC-KAR

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4^TH CROSS RIGHT SIDE, RK GARDENS, NEW BEL ROAD, BENGALURU - 560 054.

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SMT.ASHA SAJAN W/O SRI.C.K.SAJAN AGED 61 YEARS, FLAT NO.204, SANATH SADAN APARTMENTS SITUATED AT 20 SANATH SADAN, 4^TH CROSS RIGHT SIDE, RK GARDENS, NEW BEL ROAD, BENGALURU - 560 054.

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SRI. CHARLEY JOSE S/O JOSEPH V.P. AGED 62 YEARS, FLAT NO.301, SANATH SADAN APARTMENTS SITUATED AT 20 SANATH SADAN, 4^TH CROSS RIGHT SIDE, RK GARDENS, NEW BEL ROAD, BENGALURU - 560 054.

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SMT.GISHA DOWIS W/O CHARLEY JOSE AGED 54 YEARS, FLAT NO.301, SANATH SADAN APARTMENTS SITUATED AT 20 SANATH SADAN, 4^TH CROSS RIGHT SIDE, RK GARDENS, NEW BEL ROAD, BENGALURU - 560 054.

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SRI. GHANSHYAM PANDU PATANKAR S/O PANDU AGED 69 YEARS, FLAT NO.302, SANATH SADAN APARTMENTS SITUATED AT 20 SANATH SADAN, 4^TH CROSS RIGHT SIDE, RK GARDENS, NEW BEL ROAD, BENGALURU -560 054.

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HC-KAR

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SRI. PRAVIN CHAVAN S/O RAGHUNATH CHAVAN AGED 51 YEARS, FLAT NO. 303, SANATH SADAN APARTMENTS SITUATED AT 20 SANATH SADAN, 4^TH CROSS RIGHT SIDE, RK GARDENS, NEW BEL ROAD, BENGALURU -560 054.

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SMT. SMITHA CHAVAN W/O SRI.PRAVIN CHAVAN AGED 53 YEARS, FLAT NO.303, SANATH SADAN APARTMENTS SITUATED AT 20 SANATH SADAN, 4^TH CROSS RIGHT SIDE, RK GARDENS, NEW BEL ROAD, BENGALURU -560 054.

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SRI. ARINDAM ASH S/O LATE CHIMOY ASH AGED 57 YEARS, FLAT NO.304, SANATH SADAN APARTMENTS SITUATED AT 20 SANATH SADAN, 4^TH CROSS RIGHT SIDE, RK GARDENS, NEW BEL ROAD, BENGALURU -560 054.

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SMT. SUDESHNA ASH W/O SRI. ARINDAM ASH AGED 52 YEARS, FLAT NO. 304, SANATH SADAN APARTMENTS SITUATED AT 20 SANATH SADAN, 4^TH CROSS RIGHT SIDE, RK GARDENS, NEW BEL ROAD, BENGALURU -560 054.

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SMT. D.SRAVYA W/O DEVAYAJANAM

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HC-KAR

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AGED 39 YEARS, FLAT NO.404, SANATH SADAN APARTMENTS SITUATED AT 20 SANATH SADAN, 4^TH CROSS RIGHT SIDE, RK GARDENS, NEW BEL ROAD, BENGALURU -560 054.

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SRI. SANJEEV KAPOOR S/O INDER KAPOOR AGED 62 YEARS, FLAT NO.501, SANATH SADAN APARTMENTS SITUATED AT 20 SANATH SADAN, 4^TH CROSS RIGHT SIDE, RK GARDENS, NEW BEL ROAD, BENGALURU -560 054.

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…PETITIONERS

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(BY SRI. KOUSHIK M.S., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, DR. AMBEDKAR ROAD BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY

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THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD 14/3, II FLOOR, R.P.BUILDING, NRUPATUNGA ROAD, BENGALURU - 560 001 REPRESENTED BY ITS MANAGING DIRECTOR.

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THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD (KRIDE), NRUPATHUNGA ROAD, BENGALURU 560001.

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HC-KAR

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RAIL INFRASTRUCTURE DEVELOPMENT COMPANY (KARNATAKA LTD.) K-RIDE SAMPARKA SOUDHA, 1^ST FLOOR, OPP. ORION MALL, DR. RAJKUMAR ROAD, RAJAJINAGAR, 1^ST BLOCK, BENGALURU - 560 010 REPRESENTED BY ITS MANAGING DIRECTOR (A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT, 1956)

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…RESPONDENTS

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(BY SRI. ADITYA DIWAKAR, AGA FOR R1; SMT. ANUPARNA BORDOLAI, ADVOCATE FOR R2 AND R3 SRI. H L PRADEEP KUMAR, ADVOCATE FOR R4)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION BEARING NO.CI 149 ASPQ 2024, (ANNEXURE -C) IN RESEPCT OF PETITIONERS ONLY DATED 07.11.2024 ISSUED BY RESPONDENT NO.1 UNDER SECTION 28(1) AND FINAL NOTIFICATION BEARING NO.CI 149 ASPQ 2024, (ANNEXURE -F) IN RESPECT OF PETITIONERS ONLY DATED 07.01.2025 ISSUED BY RESPONDENT NO.1 UNDER SECTION 28(4) KIAD ACT AND THEREBY SET ASIDE THE ENTIRE ACQUISITION PROCEEDINGS IN RESPECT OF SCHEDULE B PROPERTY AND ETC.

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THIS PETITION, COMING ON FOR PRELIMIINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ

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ORAL ORDER

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The petitioners have questioned the Preliminary

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Notification bearing No.CI 149 ASPQ 2024 (Annexure-C) dated 07.11.2024 issued by the Respondent No.1 under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (for

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short, 'KIAD Act') and the Final Notification bearing No.CI 149

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7 - NC: 2026:KHC:29300 WP No. 29930 of 2025

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HC-KAR

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ASPQ 2024 (Annexure-F) dated 07.01.2025 issued by Respondent No.1 under Section 28(4) of the KIAD Act. (ii) They also sought for a declaration that Clause I(d) of the Compensation Resettlement Package (for short, 'CRP') dated 31.10.2023 bearing No.K-RIDE/LAQ/CR/03/2021-22 (Annexure-B) formulated by the Respondent No.4 is discriminatory, illegal and ultra vires of Article 14 of the Constitution of India. (iii) They have also sought for an alternate relief to direct the respondents to acquire the entire property by consent and pass an award.

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2. The petitioners contend that they are the owners of residential flats in 'Sanath Sadan Apartments' constructed over land in Survey No.105 of Mathikere Village. They contend that Respondent No.4 proposed to construct Bangalore Sub-urban Railway Corridor connecting Baiyyappanahalli and Chikkabanawara. For the said purpose Respondent No.4 formulated a Compensation Resettlement Package dated 31.10.2023 fixing the guidelines for determining the compensation and the parameters for acquiring lands required for the railway corridor. Following this, a preliminary

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notification was issued proposing to acquire 52.33 square meters of land in Survey No.105.

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3. The petitioners filed their objections against partial acquisition of their property. They contend that despite their objections, Respondent Nos.3 and 4 issued a final notification dated 07.01.2025. Thereafter, Respondent No.3 issued a notification under Section 28(6) of the KIAD Act calling upon the petitioners to participate in the price fixation meeting. The petitioners contend that the price fixed for acquisition of their property was not acceptable. Thereafter, the Respondent No.3 issued a notice under Section 29(2) of the KIAD Act fixing the rate of compensation at Rs.1,62,383/- per square metre. The petitioners submitted detailed representations, highlighting the lacuna in the acquisition process as well as the threat faced by them, due to the partial acquisition of their properties.

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4. The petitioners contend that the Respondent No.3 issued a notice under Section 29(4) of the KIAD Act informing them that the computed compensation will be deposited in the Civil Court. The petitioners, are therefore before this Court challenging the notifications issued and also have sought for a

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direction that the compensation package is arbitrary and ultra vires of Article 14 of the Constitution of India. They have also sought for direction to acquire the entire property.

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5. The learned counsel appearing for the petitioners reiterated the above submissions and contended that if the portion of the property of the petitioners are acquired, then the utility of the remaining portion would become wasteful. Besides this, he contends that there will be a continuous nuisance for the petitioners and other inmates due to the railway line running adjacent to their property, which also could pose threat to the building, that is existing.

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6. The learned counsel appearing for Respondent No.4

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after seeking instructions submit that the Respondent No.4 has taken a policy decision not to acquire the land belonging to the petitioners. In this regard, he has filed a memo and has enclosed therewith a communication addressed by the Additional General Manager of Respondent No.4 to the learned counsel for Respondent No.4 wherein he has stated that Respondent No.4 has given up the acquisition of land in Survey No.105 of Mathikere Village.

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NC: 2026:KHC:29300 WP No. 29930 of 2025

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HC-KAR

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7. In that view of the matter, nothing would survive

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for consideration in this petition as the Respondent No.4 has taken a policy decision not to use the property belonging to the petitioners for the proposed project.

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8. In view of the above, I pass the following:

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ORDER

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i) Writ Petition is allowed.

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ii) The impugned Preliminary Notification bearing No.CI 149 ASPQ 2024 (Annexure-C) dated 07.11.2024 issued by the Respondent No.1 under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 and the Final Notification bearing No.CI 149 ASPQ 2024 (Annexure-F) dated 07.01.2025 issued by Respondent No.1 under Section 28(4) of the KIAD Act are quashed insofar as 52.33 square meters of property in Survey No.105 of Mathikere Village, Kasaba Hobli, Bengaluru North Taluk is concerned.

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