Karnataka Industrial Area Development Board vs Sri G Nanjappa

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• Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc -... Upgrade to Premium [Cites 4, Cited by 0 ] ### Karnataka High Court

Karnataka Industrial Area Development ... vs Sri G Nanjappa on 18 March, 2026

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NC: 2026:KHC:16024-DB
WA No. 771 of 2024

         HC-KAR

           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 18TH DAY OF MARCH, 2026

                                 PRESENT
                    THE HON'BLE MR. JUSTICE D K SINGH
                                   AND
                    THE HON'BLE MR. JUSTICE T.M.NADAF
                  WRIT APPEAL NO. 771 OF 2024 (LA-KIADB)
         BETWEEN:

         KARNATAKA INDUSTRIAL AREA DEVELOPMENT
         BOARD,
         NO.49, KHANIJA BHAVAN,
         EAST WING, 5TH FLOOR,
         RACE COURSE ROAD,
         BENGALURU - 560 001
         BY ITS SLAO.
                                                    ...APPELLANT
         (BY SRI.K.SHASHIKIRAN SHETTY., SENIOR ADVOCATE FOR
              SRI.H.L.PRADEEP KUMAR., ADVOCATE)

         AND:

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

                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.
                             -2-
                                     NC: 2026:KHC:16024-DB
                                       WA No. 771 of 2024

HC-KAR

 THIS WRIT APPEAL, COMING ON FOR PRELIMINARY

HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:

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

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

 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)](https://indiankanoon.org/doc/59710052/) of the KIAD Act.

1. The parties are referred to as per their ranking

before the learned Single Judge.

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NC: 2026:KHC:16024-DB WA No. 771 of 2024 HC-KAR

1. 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.

1. 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:

"ORAL ORDER
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.

We direct the KIADB to furnish entire details on
following aspects of the said company and the -4- NC: 2026:KHC:16024-DB WA No. 771 of 2024 HC-KAR

application made by the said company for allotment of
huge chunk of land of 70 Acres to it by the KIADB.

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

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

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

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

(v) The share capital of the company.

(vi) The company returns for the last five
years prior to the date of application.
(vii) The entire copy of the application
which was made by the said
company for allotment of the land in
its favor.
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.

Post this appeal on 17.03.2026."

1. In compliance of the said order, an affidavit

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 -5- NC: 2026:KHC:16024-DB WA No. 771 of 2024 HC-KAR

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.

1. 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.

1. 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 -6- NC: 2026:KHC:16024-DB WA No. 771 of 2024 HC-KAR

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.

1. 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.

1. 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 -7- NC: 2026:KHC:16024-DB WA No. 771 of 2024 HC-KAR

required. The entire proceedings of issuing notice and

hearing should be concluded within a period of two months

from today.

1. With the aforesaid direction/ observation, the

Writ Appeal is disposed of.

1. Pending applications, if any, does not survive

for consideration and the same are disposed of.

Sd/-

(D K SINGH)
JUDGE

                                    Sd/-

(T.M.NADAF)
JUDGE

TKN
List No.: 2 Sl No.: 7