- 1 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 2011 OF 2016 (LA-RES) C/W WRIT PETITION NO. 16705 OF 2016 (LA-RES) WRIT PETITION NO. 19489 OF 2016 (LA-RES) WRIT PETITION NO. 20262 OF 2016 (LA-RES) WRIT PETITION NO. 21912 OF 2016 (LA-RES) WRIT PETITION NO. 22980 OF 2016 (LA-RES) WRIT PETITION NO. 22981 OF 2016 (LA-RES) WRIT PETITION NO. 23681 OF 2016 (LA-RES) WRIT PETITION NO. 23682 OF 2016 (LA-RES) WRIT PETITION NO. 23685 OF 2016 (LA-RES) WRIT PETITION NO. 23697 OF 2016 (LA-RES) WRIT PETITION NO. 24564 OF 2016 (LA-RES) IN WP No. 2011/2016 BETWEEN: 1. SRI. RAJANNA SINCE DEAD BY LR 1(A). SMT.M.SHARADA W/O LATE RAJANNA AGED ABOUT 74 YEARS Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS 1(B). K.R.JAYAKUMAR S/O LATE RAJANNA AGED ABOUT 54 YEARS 1(C). K.R.VIJAYAKUMAR S/O LATE RAJANNA AGED ABOUT 53 YEARS 1(D). K.R.HAREESH KUMAR S/O LATE RAJANNA AGED ABOUT 50 YEARS APPLICANT NOS.1(A) TO 1(D) ARE R/AT NO.129, DR.RAJKUMAR ROAD, KENGERI, BANGALORE SOUTH, BANGALORE-560060. 2. SRI.K.V. JAYAKRISHNA SINCE DEAD BY LR 2(A). SMT.H.SUDHA, W/O LATE K.V.JAYAKRISHNA, AGED ABOUT 68 YEARS, R/AT NO.290/A, 5TH MAIN, KOMMAGATA ROAD, KENGERI SATELLITE TOWN, BENGALURU SOUTH, BENGALURU - 560060. 2(B). SRI.GAUTAM KENGERI JAYAKRISHNA, AGED ABOUT 40 YEARS, S/O LATE SRI.K.V.JAYAKRISHNA R/AT NO.24/1-17, FLAT NO.102, VIJAYALAKSHMI PALACE, - 3 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS 4TH CROSS, 5TH MAIN, BSK 3RD STAGE, NEXT TO SHARADAMBA RESIDENCY, BENGALURU SOUTH, BENGALURU - 560085. 3. SMT. A.P.PRAMEELA SINCE DEAD BY LR 3(A). SRI.K.S.SHAILESH S/O LATE SRI.SHIVA SHANKAR, AGED ABOUT 59 YEARS 3(B). SRI.K.S.DEEPAK, S/O LATE SRI.SHIVA SHANKAR, AGED ABOUT 57 YEARS, APPLICANT NOS.3(A) TO 3(B) ARE R/AT NO.146, I FLOOR, 6TH CROSS BUS STOP OPPOSITE ROAD, SARASWATHI NAGAR, VIJAYANAGAR, BENGALURU NORTH, BANGALORE-560040. 3(C). SMT.K.S.JAYANTHI, W/O U.NIRANJAN, AGED ABOUT 53 YEARS R/AT NO.155, NIRANJAN FARM, MACHOHALLI, BAPUGRAMA, MAGADI ROAD, BENGALURU NORTH, BENGALURU - 560091. 3(D). MS. MIHIRA D/O LATE SRI.K.V.SHIVA SHANKAR, AGED ABOUT 52 YEARS, R/AT SATYALOKA, - 4 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS RAMA KUPPAM MANDALAM, RAJUPETA, CHITTOOR, ANDHRA PRADESH - 517401. 4. SRI. K.V.PADMARAJ S/O LATE K.VEERANNA AGED ABOUT 63 YEARS 5. SRI.V.SREEMATIDEVI D/O LATE K.VEERANNA W/O A.P.GOPALKRISHNA AGED ABOUT 70 YEARS PETITIONERS 4 AND 5 RESIDENTS OF #290-A, KOMMAGHATTA ROAD, 5TH MAIN ROAD, KENGERI SATELLITE TOWN BANGALORE - 560060. …PETITIONERS (BY SMT.LATHASHREE D.L, ADVOCATE FOR SRI.D.C.DEEPAK, ADVOCATE FOR P1(A) TO P1(D), P2(A) AND P2(B), P3(A) TO P3(D), P4 & P5) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING, BANGALORE-01 REP BY THE PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT BANGALORE - 5 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS 3. THE SPECIAL LAND ACQUISITION OFFICER VISWESWARAIAH CENTRE, III FLOOR, PODIUM BLOCK BANGALORE-01 4. BANGALORE WATER SUPPLY AND SEWERAGE BOARD CAUVERY BHAVAN K.G. ROAD, BANGALORE-09 REP BY ITS SECRETARY …RESPONDENTS (BY SRI.SPOORTHY HEGDE.N, HCGP FOR R1 TO R3; SRI. K B MONESH KUMAR, ADVOCATE FOR R4; SRI.N.N.HARISH, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE PRELIMINARY NOTIFICATION DTD.16.12.1999 ACQUIRING THE PETITIONERS LAND BEARING SY.NO.28 MEASURING 4-02 GUNTAS, IN KENGERI, KASABA HOBLI, BANGALORE SOUTH TALUK, BANGALORE RURAL DISTRICT IN SI.NO.KAM E.145: BHOSWABA: 2000 AS PER THE PROVISIONS OF SECTION 4 OF THE KARNATAKA LAND ACQUISITION ACT, 1984, VIDE ANNEX- A NULL AND VOID AND LAPSED AND ETC., IN WP NO. 16705/2016 BETWEEN: 1. SMT GOWRAMMA W/O LATE SHAMANNA, AGED ABOUT 63 YEARS BENIFICIARY NOT CLAIMED. 2. S NAGARAJ S/O LATE SHAMANNA, AGED ABOUT 43 YEARS - 6 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS 3. S KRISHNA S/O LATE SHAMANNA, AGED ABOUT 41 YEARS PETITIONERS NO.(1) TO (3) ARE RESIDING AT NO.442-A, KUVEMPU ROAD, KENGERI BENGALURU-560060. 4. SMT RAJESHWARI D/O LATE SHAMANNA, AGED ABOUT 41 YEARS, RESIDING AT NO.1-05, KADIRAPPA ROAD, DODDAKUNTE, COX TOWN, BENGALURU ...PETITIONERS (BY SRI. A V SRIHARI, ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDINGS, BENGALURU-560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE SPECIAL DEPUTY COMMISSIONER (REVENUE) BANGALORE DISTRICT, K.G.ROAD, BENGALURU-560002. 3. THE SPECIAL LAND ACQUISITION OFFICER V.V.TOWER, 3RD FLOOR, PHODIUM BLOCK, DR.AMBEDKAR ROAD, BENGALURU-560001. - 7 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS 4. THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560009. REPRESENTED BY ITS SECRETARY. ...RESPONDENTS (BY SRI.SPOORTHY HEGDE.N, HCGP FOR R1 TO R3; SRI. K B MONESH KUMAR, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PRELIMINARY NOTIFICATION BEARING NO.LAQ (2) SR/ 16/99-2000 DATED 16.12.1999 VIDE ANNEX-A AND FINAL NOTIFICATION BEARING NO.Kam Eee/ 145/ BhooSwaBa/ 2000, DATED 13.02.2001 VIDE ANNEX-B ISSUED BY R-1 IN RESPECT OF THE PETITIONERS' LAND MEASURING 10 GUNTAS IN SY.NO.31, AND 10 GUNTAS IN SY.NO.32/1 TOTALLY MEASURING AN EXTENT OF 20 GUNTAS IN KENGERI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK AS LAPSED, VITIATED AND NULL AND VOID INSOFAR AS THE PETITIONER'S LANDS ARE CONCERNED. IN WP NO. 19489/2016 BETWEEN: 1. SMT. LAKSHMAMMA W/O LATE HANUMAPPA, AGED ABOUT 76 YEARS, SENIOR CITIZEN BENEFIT NOT CLAIMED. 2. MUNIVENKATAPPA S/O HANUMAPPA, AGED ABOUT 56 YEARS - 8 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS 3. SANJEEVAPPA S/O LATE HANUMAPPA, AGED ABOUT 48 YEARS ALL ARE R/AT NO. 286, VALAGERAHALLI KENGERI UPANAGARA BANGALORE SOUTH TALUK, BANGALORE - 560 060. ...PETITIONERS (BY SRI. SRIHARI A V, ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT M.S.BUILDINGS BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE SPECIAL DEPUTY COMMISSIONER (REVENUE) BANGALORE DISTRICT K.G.ROAD, BENGALURU - 560 002. 3. THE SPECIAL LAND ACQUISITION OFFICER V.V.TOWER, 3RD FLOOR PHODIUM BLOCK, DR. AMBEDKAR ROAD, BENGALURU - 560 001. 4. THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD, CAUVERY BHAVAN K.G.ROAD, BENGALURU - 560 009 REPRESENTED BY ITS SECRETARY. ...RESPONDENTS (BY SRI.SPOORTHY HEGDE.N, HCGP FOR R1 TO R3; - 9 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS SRI.G.S.KANNUR, SR.COUNSEL FOR SRI. GURUDEV GACHCHINAMATH, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PRELIMINARY NOTIFICATION BEARING NO.LAQ (2) SR/ 16/99-2000 DATED 16.12.1999 VIDE ANNEX-A AND FINAL NOTIFICATION BEARING NO.Kam Eee/ 145/ BhooSwaBa/ 2000, DATED 13.02.2001 VIDE ANNEX-B ISSUED BY R-1 IN RESPECT OF THE PETITIONERS' LAND MEASURING 20 GUNTAS IN SY.NO.22 IN KENGERI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK AS LAPSED, VITIATED AND NULL AND VOID INSOFAR AS THE PETITIONERS' LANDS ARE CONCERNED. IN WP NO. 20262/2016 BETWEEN: 1. YELLAPPA S S/O LATE SANJEEVAPPA AGED ABOUT 50 YEARS 2. RAMESH S S/O LATE SANJEEVAPPA AGED ABOUT 46 YEARS 3. SURESH S S/O LATE SANJEEVAPPA AGED ABOUT 41 YEARS ALL ARE RESIDING AT NO.417/D, GANIGARA BEEDHI, KENGERI, BENGALURU SOUTH TALUK, BENGALURU-560060 ...PETITIONERS (BY SRI. SRIHARI A V, ADVOCATE) - 10 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT M S BUILDINGS BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE SPECIAL DEPUTY COMMISSIONER (REVENUE) BANGALORE DISTRICT K G ROAD, BENGALURU-560002 3. THE SPECIAL LAND ACQUISITION OFFICER V V TOWER, 3RD FLOOR PHODIUM BLOCK, DR. AMBEDKAR ROAD BENGALURU-560001 4. THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD CAUVERY BHAVAN K G ROAD, BENGALURU-560009 REPRESENTED BY ITS SECRETARY ...RESPONDENTS (BY SRI.SPOORTHY HEGDE.N, HCGP FOR R1 TO R3; SRI.G.S.KANNUR, SR.COUNSEL FOR SRI.GURUDEV GACHCHINAMATH, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PRELIMINARY NOTIFICATION BEARING NO.LAQ (2) SR/ 16/99-2000 DATED 16.12.1999 VIDE ANNEX-A AND FINAL NOTIFICATION BEARING NO.Kam Eee/ 145/ BhooSwaBa/ 2000, DATED 13.02.2001 VIDE ANNEX-B ISSUED BY R-1 IN - 11 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS RESPECT OF THE PETITIONERS' LAND MEASURING 2 GUNTAS IN SY.NO.23/1, 8 GUNTAS IN SY.NO.23/8 AND 1 GUNTA IN SY.NO.23/14, TOTALLY MEASURING 11 GUNTAS IN KENGERI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK AS LAPSED, VITIATED AND NULL AND VOID INSOFAR AS THE PETITIONERS' LANDS ARE CONCERNED. IN WP NO. 21912/2016 BETWEEN: R RAMPRASAD S/O LATE V.RADHAKRISHNA SHETTY, AGED ABOUT 52 YEARS, R/AT NO.306, KUVEMPU ROAD, KENGERI BENGALURU-560 060. ...PETITIONER (BY SRI. SRIHARI A V, ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDINGS, BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE SPECIAL DEPUTY COMMISSIONER (REVENUE) BANGALORE DISTRICT K.G.ROAD, BENGALURU-560 002. 3. THE SPECIAL LAND ACQUISITION OFFICER V.V.TOWER, 3RD FLOOR, PHODIUM BLOCK, DR.AMBEDKAR ROAD, BENGALURU-560 001. - 12 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS 4. THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD, CAUVERY BHAVAN, K.G.ROAD, BENGALURU-560 009 REPRESENTED BY ITS SECRETARY. ...RESPONDENTS (BY SRI.SPOORTHY HEGDE.N, HCGP FOR R1 TO R3; SRI.G.S.KANNUR, SR.COUNSEL FOR SRI.GURUDEV GACHCHINAMATH, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PRELIMINARY NOTIFICATION BEARING NO.LAQ (2) SR/ 16/99-2000 DATED 16.12.1999 VIDE ANNEX-A AND FINAL NOTIFICATION BEARING NO.Kam Eee/ 145/ BhooSwaBa/ 2000, DATED 13.02.2001 VIDE ANNEX-B ISSUED BY R-1 IN RESPECT OF THE PETITIONERS' LAND MEASURING 22 GUNTAS IN SY.NO.26/2 AND 2 ACRES 21 GUNTAS IN SY.NO.29/8 OF KENGERI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK AS LAPSED, VITIATED AND NULL AND VOID INSOFAR AS THE PETITIONERS' LANDS ARE CONCERNED. IN WP NO. 22980/2016 BETWEEN: Y NAGARAJ S/O LATE YELLAPPA AGED ABOUT 64 YEARS RESIDING AT NO. 444 KENGERI BUS STAND ROAD, BENGALURU - 560060 ...PETITIONER (BY SRI. SRIHARI A V, ADVOCATE) - 13 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT M S BUILDINGS, BENGALURU - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE SPECIAL DEPUTY COMMISSIONER (REVENUE) BANGALORE DISTRICT K G ROAD, BENGALURU - 560002 3. THE SPECIAL LAND ACQUISITION OFFICER V V TOWER, 3RD FLOOR, PHODIUM BLOCK DR AMBEDKAR ROAD, BENGALURU - 560001 4. THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD CAUVERY BHAVAN K G ROAD, BENGALURU - 560009 REPRESENTED BY ITS SECRETARY ...RESPONDENTS (BY SRI.SPOORTHY HEGDE.N, HCGP FOR R1 TO R3; SRI.G.S.KANNUR, SR.COUNSEL FOR SRI.GURUDEV GACHCHINAMATH, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PRELIMINARY NOTIFICATION BEARING NO.LAQ (2) SR/ 16/99-2000 DATED 16.12.1999 VIDE ANNEX-A AND FINAL NOTIFICATION BEARING NO.Kam Eee/ 145/ - 14 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS BhooSwaBa/ 2000, DATED 13.02.2001 VIDE ANNEX-B ISSUED BY R-1 IN RESPECT OF THE PETITIONERS' LAND MEASURING 1 ACRE 7 GUNTAS IN SY.NO.17 IN KENGERI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK AS LAPSED, VITIATED AND NULL AND VOID INSOFAR AS THE PETITIONERS' LANDS ARE CONCERNED. IN WP NO. 22981/2016 BETWEEN: 1. KRISHNAPPA M S/O MUNISANJEEVAPPA AGED ABOUT 60 YEARS 2. ASHWATHNARAYANA M S/O MUNISANJEEVAPPA AGED ABOUT 58 YEARS 3. S RAMESH S/O SEENAPPA AGED ABOUT 35 YEARS ALL ARE R/A NO.576, HASIKARAGA MANTAPA ROAD KENGERI, BENGALURU SOUTH TALUK BANGALORE-560060 ...PETITIONERS (BY SRI. SRIHARI A V, ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT M S BUILDINGS BANGALORE-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY - 15 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS 2. THE SPECIAL DEPUTY COMMISSIONER(REVENUE) BANGALORE DISTRICT K G ROAD BANGALORE-560002 3. THE SPECIAL LAND ACQUISITION OFFICER V V TOWER, 3RD FLOOR PHODIUM BLOCK DR AMBEDKAR ROAD BANGALORE-560001 4. THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD CAUVERY BHAVAN K G ROAD, BANGALORE-560009 REPRESENTED BY ITS SECRETARY ...RESPONDENTS (BY SRI.SPOORTHY HEGDE.N, HCGP FOR R1 TO R3; SRI.G.S.KANNUR, SR.COUNSEL FOR SRI.GURUDEV GACHCHINAMATH, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PRELIMINARY NOTIFICATION BEARING NO.LAQ (2) SR/ 16/99-2000 DATED 16.12.1999 VIDE ANNEX-A ISSUED BY THE SECOND RESPONDENT AND FINAL NOTIFICATION BEARING NO.Kam Eee/ 145/ BhooSwaBa/ 2000, DATED 13.02.2001 VIDE ANNEX-B ISSUED BY R-1 IN RESPECT OF THE PETITIONERS' LAND MEASURING 25 GUNTAS IN SY.NO.29/9 OF KENGERI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK AS LAPSED, VITIATED AND NULL AND VOID INSOFAR AS THE PETITIONERS' LANDS ARE CONCERNED. - 16 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS IN WP NO. 23681/2016 BETWEEN: 1. K S MUNIYAPPA S/O LATE SANJEEVAPPA AGED ABOUT 52 YEARS 2. SMT. BHARATI W/O K.S.MUNIYAPPA AGED ABOUT 41 YEARS 3. RAHUL M.B. S/O K.S.MUNIYAPPA AGED ABOUT 24 YEARS 4. SHEETAL M.B. D/O K.S.MUNIYAPPA AGED ABOUT 21 YEARS ALL ARE R/AT NO.8, VISHNUVARDHAN ROAD, 1ST CROSS ROAD, KENGERI, BANGALORE-60 ...PETITIONERS (BY SRI. SRIHARI A V, ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDINGS, BANGALORE-01 REP BY ITS PRINCIPAL SECRETARY - 17 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS 2. THE SPECIAL DEPUTY COMMISSIONER (REVENUE) BANGALORE DISTRICT K.G. ROAD, BANGALORE-02 3. THE SPECIAL LAND ACQUISITION OFFICER V.V.TOWER, 3RD FLOOR, PHODIUM BLOCK, DR. AMBEDKAR ROAD, BANGALORE-01 4. THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD CAUVERY BHAVAN K.G. ROAD, BANGALORE-09 REP BY ITS SECRETARY ...RESPONDENTS (BY SRI.SPOORTHY HEGDE.N, HCGP FOR R1 TO R3; SRI.G.S.KANNUR, SR.COUNSEL FOR SRI.GURUDEV GACHCHINAMATH, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PRELIMINARY NOTIFICATION BEARING NO.LAQ (2) SR/ 16/99-2000 DATED 16.12.1999 VIDE ANNEX-A AND FINAL NOTIFICATION BEARING NO.Kam Eee/ 145/ BhooSwaBa/ 2000, DATED 13.02.2001 VIDE ANNEX-B ISSUED BY R-1 IN RESPECT OF THE PETITIONERS' LAND MEASURING 121/2 IN SY.NO.29/9 OF KENGERI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK AS LAPSED, VITIATED AND NULL AND VOID INSOFAR AS THE PETITIONERS' LANDS ARE CONCERNED. - 18 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS IN WP NO. 23682/2016 BETWEEN: 1. K M MUNIRAJU S/O LATE. MUNIYAPPA, AGE 66 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMED 2. SOMASHEKAR S/O K M MUNIRAJU, AGE 39 YEARS BOTH ARE R/AT NO. 594/2, BEHIND SEETHARAMA TEMPLE, HASIKARAGA MANTAPA ROAD, KENGERI, BENGALURU SOUTH TALUK, BENGALURU-560060 ...PETITIONERS (BY SRI. SRIHARI A V, ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDINGS, BENGALURU-560001. REP BY ITS PRINCIPAL SECRETARY 2. THE SPECIAL DEPUTY COMMISSIONER (REVENUE) BANGALORE DISTRICT, K.G. ROAD, BENGALURU-560002 3. THE SPECIAL LAND ACQUISITION OFFICER V.V. TOWER, 3RD FLOOR, PHODIUM BLOCK, - 19 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS DR. AMBEDKAR ROAD, BENGALURU-560001 4. THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD CAUVERY BHAVAN, K.G. ROAD, BENGALURU-560009. REP BY ITS SECRETARY ...RESPONDENTS (BY SRI.SPOORTHY HEGDE.N, HCGP FOR R1 TO R3; SRI.G.S.KANNUR, SR.COUNSEL FOR SRI.GURUDEV GACHCHINAMATH, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PRELIMINARY NOTIFICATION BEARING NO.LAQ (2) SR/ 16/99-2000 DATED 16.12.1999 VIDE ANNEX-A AND FINAL NOTIFICATION BEARING NO.Kam Eee/ 145/ BhooSwaBa/ 2000, DATED 13.02.2001 VIDE ANNEX-B ISSUED BY R-1 IN RESPECT OF THE PETITIONERS' LAND MEASURING 121/2 IN SY.NO.29/9 OF KENGERI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK AS LAPSED, VITIATED AND NULL AND VOID INSOFAR AS THE PETITIONERS' LANDS ARE CONCERNED. IN WP NO. 23685/2016 BETWEEN: 1. SMT THIMMAKKA W/O HANUMANTHAPPA AGED ABOUT 68 YEARS 2. H. MANJUNATH S/O HANUMANTHAPPA AGED ABOUT 46 YEARS - 20 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS BOTH ARE R/AT R.V. COLLEGE POST, KENGERI HOBLI, MYLASANDRA, BALAJINAGARA 2ND CROSS, BANGALORE-59 ...PETITIONERS (BY SRI. SRIHARI A V, ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT, M.S .BUILDINGS, BANGALORE-01 REP BY ITS PRINCIPAL SECRETARY 2. THE SPECIAL DEPUTY COMMISSIONER (REVENUE) BANGALORE DISTRICT K.G. ROAD, BANGALORE-02 3. THE SPECIAL LAND ACQUISITION OFFICER V.V.TOWER, 3RD FLOOR, PHODIUM BLOCK, DR.AMBEDKAR ROAD, BANGALORE-01 4. THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD CAUVERY BHAVAN, K.G. ROAD, BANGALORE-09 REP BY ITS SECRETARY ...RESPONDENTS (BY SRI.SPOORTHY HEGDE.N, HCGP FOR R1 TO R3; SRI.G.S.KANNUR, SR.COUNSEL FOR SRI.GURUDEV GACHCHINAMATH, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE - 21 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS PRELIMINARY NOTIFICATION BEARING NO.LAQ (2) SR/ 16/99-2000 DATED 16.12.1999 VIDE ANNEX-A AND FINAL NOTIFICATION BEARING NO.Kam Eee/ 145/ BhooSwaBa/ 2000, DATED 13.02.2001 VIDE ANNEX-B ISSUED BY R-1 IN RESPECT OF THE PETITIONERS' LAND MEASURING 6 GUNTAS IN SY.NO.29/7 OF KENGERI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK AS LAPSED, VITIATED AND NULL AND VOID INSOFAR AS THE PETITIONERS' LANDS ARE CONCERNED. IN WP NO. 23697/2016 BETWEEN: 1. SMT Y LAKSHMAMMA W/O T. KRISHNAPPA AGED ABOUT 68 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMED 2. SEETHARAMA.K S/O T. KISHNAPPA AGED ABOUT 50 YEARS 3. PRABHAKARA.K S/O T. KRISHNAPPA AGED ABOUT 46 YEARS ALL ARE RESIDING AT NO.450, BUS STAND ROAD KENGERI, BENGALURU SOUTH TALUK, BENGALURU-560060 ...PETITIONERS (BY SRI. SRIHARI A V, ADVOCATE) AND: 1. STATE OF KARANTAKA REVENUE DEPARTMENT - 22 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS M.S. BUILDINGS BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE SPECIAL DEPUTY COMMISSIONER (REVENUE) BANGALORE DISTRICT K.G. ROAD, BENGALURU-560 002. 3. THE SPECIAL LAND ACQUISITION OFFICER V.V. TOWER, 3RD FLOOR PHODIUM BLOCK, DR. AMBEDKAR ROAD, BENGALURU-560 001. 4. THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD CAUVERY BHAVAN K.G. ROAD, BENGALURU-560 009. REPRESENTED BY ITS SECRETARY ...RESPONDENTS (BY SRI.SPOORTHY HEGDE.N, HCGP FOR R1 TO R3; SRI.G.S.KANNUR, SR.COUNSEL FOR SRI.GURUDEV GACHCHINAMATH, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PRELIMINARY NOTIFICATION BEARING NO.LAQ (2) SR/ 16/99-2000 DATED 16.12.1999 VIDE ANNEX-A ISSUED BY THE 2ND RESPONDENT AND FINAL NOTIFICATION BEARING NO.Kam Eee/ 145/ BhooSwaBa/ 2000, DATED 13.02.2001 VIDE ANNEX-B ISSUED BY R-1 IN RESPECT OF THE PETITIONERS' LAND MEASURING 11 GUNTAS IN SY.NO.19/1 IN KENGERI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK AS LAPSED, VITIATED AND NULL AND VOID INSOFAR AS THE PETITIONERS' LANDS ARE CONCERNED. - 23 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS IN WP NO. 24564/2016 BETWEEN: 1. MUNIYAMMA W/O LATE YELLAPPA AGED ABOUT 80 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMED 2. RAJAPPA Y S/O LATE YELLAPPA AGED ABOUT 43 YEARS 3. MUNIKRISHNA Y S/O LATE YELLAPPA AGED ABOUT 40 YEARS ALL ARE RESIDING AT NO 382, THIGALARA BEEDI, BEHIND YELLAMMA TEMPLE KENGERI, BENGALURU - 560060 ...PETITIONERS (BY SMT. SANJANA REDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT M S BUILDINGS BENGALURU - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE SPECIAL DEPUTY COMMISSIONER (REVENUE) BANGALORE DISTRICT K G ROAD, BANGALORE - 560002 3. THE SPECIAL LAND ACQUISITION OFFICER - 24 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS V V TOWER, 3RD FLOOR PHODIUM BLOCK, DR AMBEDKAR ROAD BENGALURU - 560001 4. THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD CAUVERY BHAVAN K G ROAD, BENGALURU - 560009 REPRESENTED BY ITS SECRETARY ...RESPONDENTS (BY SRI.SPOORTHY HEGDE.N, HCGP FOR R1 TO R3; SRI.G.S.KANNUR, SR.COUNSEL FOR SRI.GURUDEV GACHCHINAMATH, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PRELIMINARY NOTIFICATION BEARING NO.LAQ (2) SR/ 16/99-2000 DATED 16.12.1999 VIDE ANNEX-A ISSUED BY THE 2ND RESPONDENT AND FINAL NOTIFICATION BEARING NO.Kam Eee/ 145/ BhooSwaBa/ 2000, DATED 13.02.2001 VIDE ANNEX-B ISSUED BY R-1 IN RESPECT OF THE PETITIONERS' LAND MEASURING 10 GUNTAS IN SY.NO.32/1 OF KENGERI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK AS LAPSED, VITIATED AND NULL AND VOID INSOFAR AS THE PETITIONERS' LANDS ARE CONCERNED. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 25 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER These writ petitions have come up for orders with the consent of both learned counsel for the parties matters are taken up for final disposal. 2. In WP No.2011/2016 the petitioners claim to be the erstwhile owners of land bearing Sy.No.28 measuring 04 acres 02 guntas, situated at Kengeri Village, Kasaba Hobli, Bengaluru South Taluka, Bengaluru Rural District. 3. In WP No.16705/2016 the petitioners claim to be the erstwhile owners of land bearing Sy.No.31 measuring 10 guntas, and land bearing Sy.No.32/1 measuring 10 guntas, situated at Kengeri Village, Kengeri Hobli, Bengaluru South Taluka. 4. In WP No.19489/2016 the petitioners claim to be the erstwhile owners of land bearing Sy.No.22 measuring 15 guntas situated at Kengeri Village, Kengeri Hobli, Bengaluru South Taluka. - 26 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS 5. In WP No.20262/2016 the petitioners claim to be the erstwhile owners of land bearing Sy.No.23/1 measuring 02 guntas, land bearing Sy.No.23/8 measuring 08 guntas and land bearing Sy.No.23/14 measuring 1 guntas, situated at Kengeri Village, Kengeri Hobli, Bengaluru South Taluka. 6. In WP No.21912/2016 the petitioner claims to be the erstwhile owner of land bearing Sy.No.26/2 measuring 22 guntas and land bearing Sy.No.29/8 measuring 02 Acres 21 guntas, situated at Kengeri Village, Kengeri Hobli, Bengaluru South Taluka. 7. In WP No.22980/2016 the petitioner claims to be the erstwhile owner of land bearing Sy.No.17 measuring 01 acre 07 guntas situated at Kengeri Village, Kengeri Hobli, Bengaluru South Taluka. 8. In WP No.22981/2016 the petitioners claim to be the erstwhile owners of land bearing Sy.No.29/9 - 27 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS measuring 01 Acre 10 guntas, situated at Kengeri Village, Kengeri Hobli, Bengaluru South Taluka. 9. In WP No.23681/2016 the petitioners claim to be the erstwhile owners of land bearing Sy.No.29/9 measuring 121/2 out of 01 Acre 10 guntas situated at Kengeri Village, Kengeri Hobli, Bengaluru South Taluka. 10. In WP No.23682/2016 the petitioners claim to be the erstwhile owners of land bearing Sy.No.29/9 measuring 121/2 out of 01 Acre 10 guntas situated at Kengeri Village, Kengeri Hobli, Bengaluru South Taluka. 11. In WP No.23685/2016 the petitioners claim to be the erstwhile owners of land bearing Sy.No.29/7 measuring 06 guntas situated at Kengeri Village, Kengeri Hobli, Bengaluru South Taluka. 12. In WP No.23697/2016 the petitioners claim to be the erstwhile owners of land bearing Sy.No.19/1 - 28 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS measuring 11 guntas situated at Kengeri Village, Kengeri Hobli, Bengaluru South Taluka. 13. In WP No.24564/2016 the petitioners claim to be the erstwhile owners of land bearing Sy.No.32/1 measuring 10 guntas out of 01 Acre 15 guntas situated at Kengeri Village, Kengeri Hobli, Bengaluru South Taluka, Bengaluru Rural District. 14. The aforesaid lands were notified for acquisition by the respondent-State under Section 4(1) of the Land Acquisition Act by preliminary notification dated 16.12.1999, followed by the final notification dated 13.02.2001, the total extent of the lands acquired under these notifications was 37A-24G. The purpose for which the lands were acquired was for establishing a Sewerage Treatment Plant in Stage IV of Cauvery Water Supply Scheme for the benefit of respondent-No.4-Bengaluru Water Supply and Sewerage Board, (for short 'BWSSB'),. Admittedly the petitioners have received the compensation - 29 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS and possession of the acquired lands has been taken by the respondent authorities. 15. Common case of the petitioners in these writ petitions is that though the lands were acquired for the purpose mentioned above, the respondent-BWSSB who is the beneficiary of the acquisition has conveyed portion of the acquired lands in favour of Bengaluru Metro Rail Corporation limited (for short 'BMRCL'), by executing a deed of sale for a sale consideration higher than the compensation that was paid to the petitioners, thereby the respondent authorities have diversified the acquired lands rendering the entire acquisition illegal, null and void. Petitioners have relied upon a deed of sale dated 31.07.2009 executed by respondent-BWSSB in favour of BMRCL. 16. Respective learned counsel for the petitioners in these matters, apart from reiterating the averments and grounds urged in the writ petition submit; - 30 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS a) That the purpose of the acquisition of the aforesaid lands as declared in the notification was though for the purpose of Establishing a Sewerage Treatment Plaint in Stage-IV of Cauvery Water Supply Scheme for the benefit of respondent No.4-BWSSB, after completion of acquisition without utilizing the said lands for the purpose for which it was acquired, by a private transaction, respondent No.4-BWSSB has sold the same in favour of BMRCL for a price higher than the cost of the acquisition. b) That the respondent-State and its instrumentalities cannot be expected to diversify the acquired land for the purpose other than the one for which it was acquired, lest the same would amount to a colourable exercise of power depriving the statutory and constitutional rights of the petitioners-land owners. c) Learned counsel for the petitioners, in furtherance of the aforesaid submission, relied upon the judgment of the Hon'ble Apex Court in the case of Royal Orchid - 31 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS Hotels Limited vs G Jayarama Reddy and others.1 Referring to paragraph No.36 of the said judgment, learned counsel for the petitioners submit that since admittedly respondent No.4-BWSSB has conveyed acquired land in favour of BMRCL contrary to the purpose for which it was acquired. The same has to be held having been hit by malafide exercise of power, giving raise to a cause of action to the petitioners to seek declaration that the entire acquisition is null and void. d) Learned counsel for the petitioners also refers to the judgment of the Division of Bench in this Court dated 25.07.2012 passed in WA Nos.3412/2010 and 3704- 3711/2011, C/W 3411/2010 & 1340-1347/2011, between Bangalore Water Supply And Sewarage Board vs The State of Karnataka Revenue Department and others. Referring to the said order, learned counsel for the petitioners submit that the Division Bench of this Court, taking note of the alienation made by the BWSSB in favour 1 (2011) 10 SCC 608 - 32 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS of the BMRCL apart from deprecating such an exercise had also quashed the notification. e) Another submission canvassed by the learned counsel for the petitioners is that after this Court having granted interim order of status quo, in gross violation of the said interim order, the respondent authorities went ahead and changed the nature of the property. Thus it is submitted that if respondent-BWSSB is not utilizing the land, it has no right to retain it either and the land has to revert back to the landowners. Hence, seeks for allowing of these writ petitions. 17. In response, learned Senior counsel Sri G S Kannur appearing for Sri Gurudev Gachchinamath, Sri K B Monesh Kumar, appearing for the respondent- BWSSB, Sri N N Harish, appearing for the BMRCL and learned HCGP Sri Spoorthy Hegde, appearing for respondent Nos.1 to 3, at the outset submit that once the land is acquired in compliance with all the statutory - 33 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS requirements contemplated under the Land Acquisition Act in a time-bound manner, and once the petitioners having received the compensation, the land vests with the State free from all encumbrances and it is for the State and its instrumentalities to utilize the land for any public purpose even though the one other than what is mentioned in the notification. They further contended that the petitioners who are alleging the diversification of their land relying upon deed of sale produced along with the writ petitions, have no concern with the land subject matter of the said sale deed, inasmuch as the land being claimed by the petitioners is retained by respondent-BWSSB and utilized for the purpose which it was acquired. It is submitted that it may be that in respect of portion of land that had been alienated in favour of BMRCL, which aspect of the matter has been adverted to by the Division Bench of this Court in WA Nos.2630-2632/2012 by its order dated 20.03.2013, in the case of K.G Pramila w/o D C Thamanna and others vs The State of Karnataka and - 34 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS others, wherein it has held such a transaction cannot be held to be one without authority since the purpose of the said transaction was also for the public purpose. 18. 18. Learned Senior counsel appearing for the respondent-BWSSB relies on the judgment of the Apex Court in the case of Sulochana Chandrakant Galande vs Pune Municipal Transport and others,2 and referring to paragraph No.22 of the said judgment, submits that once the land is acquired, the owner of the land becomes persona non grata, and as such, the petitioners have no locus standi to maintain the petition. Hence, seeks for dismissal of the petitions. 19. Heard and perused the records. 20. Acquisition of the lands by the respondent authorities for the benefit of respondent-BWSSB, payment of compensation and the factum of vesting of land with the State are not in dispute. 2 (2010) 8 SCC 467 - 35 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS 21. Grounds however, sought to be urged by the learned counsel for the petitioners is based on judgment of the Hon’ble Apex Court in the case of Royal Orchid Hotels Limited, (supra), wherein paragraph No.36 of the said judgment, the Apex Court has held as under: "36. The next question which merits examination is whether the High Court was justified in directing restoration of land to respondent No.1. In Mrs. Behroze Ramyar Batha and others v. Special Land Acquisition Officer (supra), the Division Bench of the High Court categorically held that the exercise undertaken for the acquisition of land was vitiated due to fraud. The Division Bench was also of the view that the acquisition cannot be valid in part and invalid in other parts, but did not nullify all the transfers on the premise that other writ petitions and a writ appeal involving challenge to the acquisition proceedings were pending. In Annaiah and others v. State of Karnataka and others (supra), the same Division Bench specifically adverted to the issue of diversification of purpose and held that where the landowners are deprived of their land under the cover of public purpose and there is diversification of land for a private purpose, it amounts to fraudulent exercise of the power of eminent domain." 22. Learned counsel for the petitioners thus referring to the aforesaid Judgment of the Apex Court and to the deed of sale dated 31.07.2009 which is executed by the respondent-BWSSB in favour of BMRCL vehemently urges - 36 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS that the respondent authorities could not have diversified the utilisation of land for the purpose other than to which it was acquired which according to the petitioners is clear case of colourable exercise of power depriving the land owners of their land under the cover of public purpose. 23. In support of the aforesaid submission learned counsel for the petitioners in all these petitions referred to the contents of the sale deed, more particularly in paragraph Nos.C, D and E, found at page No.3 of the said document, wherein it is stated as under: “C. The Schedule property was owned by BWSSB and absolute owner of the schedule property. D. Schedule Property is not being used by the VENDOR and hence schedule property is no longer required for its immediate use. E. The PURCHASER has proposed to constrict Bus Depot, Bus stand and other connected Infrastructure facilities to cater to the needs of its commuter of Bangalore City & Sub-urbs and as such has offered to purchase an extent of 2 Acres 37 Guntas of land in Sy No.37/1 and 1 Acres 24 Guntas of land in Sy No.37/2 (Totally 4 Acres 21 Guntas) excluding 6 Guntas land in Sy No.37/1 and 6 Guntas land in Sy No.37/2 which was acquired by the State Government Department for Road expansion purpose and the offer the - 37 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS VENDOR has accepted and the details fully described in the SCHEDULE here under". 24. Thus, referring to the aforesaid clauses in the sale deed read in the light of the judgment of the Apex Court in the case of Royal Orchid Hotels Limited, (supra) the vehement submission made by the learned counsel petitioners is that the diversification of the said land is evident and indicates colourable exercise of the power of eminent domain requiring the acquisition to be quashed at the hands of this Court. 25. The reliance placed on by learned counsel for the petitioners on the Judgment of the Apex Court in the case of Royal Orchid Hotels Limited (Supra) to the facts of the instant case is misplaced inasmuch as the said case was dealing with the circumstances wherein though the land was acquired for public purpose was diversified for private purpose. In the instant case the allegation is that the land - 38 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS has been conveyed in favour of BMRCL. BMRCL cannot be equated to a private entity. 26. On a query by this Court as to the subject matter of said deed of sale learned counsel fairly submits that land bearing Sy.Nos.37/1 and 37/2 is the subject matter of the said deed of sale and not the land belonging to the petitioners. However, learned counsel for the petitioners hasten to add that since respondent-BWSSB has sold the neighbouring land, petitioners have justifiable apprehension that their land which was acquired for the benefit of respondent-BWSSB would also be sold rendering them remediless hence, petitioners are before this Court. 27. The aforesaid submission cannot be countenanced for more than one reasons: firstly, in view of the law laid down by the Apex Court in the case of Sulochana Chandrakant Galande, (supra) wherein at paragraph No.22 it has held as under: - 39 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS "22. In view of the above, the law can be summarised that once the land is acquired, it vests in the State free from all encumbrances. It is not the concern of the land owner how his land is used and whether the land is being used for the purpose for which it was acquired or for any other purpose. He becomes persona non grata once the land vests in the State. He has a right to get compensation only for the same. The person interested cannot claim the right of restoration of land on any ground, whatsoever." Thus, once the land is acquired and vests with the State the petitioners have no say with regard to its utilisation as sought to be done in this case. Secondly, the very same contention had been raised in the earlier proceedings and the Division Bench of this Court in WA Nos.2630-2632/2012, (supra), adverting to the same at paragraph No.14 has answered the said contention as under: "14. Next contention is that a portion of the acquired land has been sold to the BMTC. Once the land is notified for acquisition, award is passed, possession is taken, the said land vests with the government free from all encumbrances and after that event, it is not open to the owner of the land to challenge the acquisition on the ground that a portion of the land has been sold to BMTC. The land sold to the BMTC is used for public purpose. Therefore, we do not see any merit in the said contention." - 40 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS Thirdly, even assuming if the petitioners are making out a case for consideration, the subject matter of the deed of sale relied upon in all these petitions is land bearing Sy.No.37/1 and 37/2 and not any of the lands being claimed by the petitioners which are subject matter of these writ petitions, the apprehension is misplaced and misconceived. Assuming even if there is an apprehension as sought to be made out by the petitioners, the same would not give raise to any cause of action to the petitioners to approach this Court on the ground on which the present writ petitions have been filed. 28. Apart from the above, learned counsel for the petitioners is unable to point out any provision of law under the Land Acquisition Act which gives any legal right in favour of the land owners to seek reverting of the land to them for the purported non-utilization of the acquired land. Besides, it is settled law that once the land is acquired in the manner known to law it vests with the - 41 - NC: 2025:KHC:6485 WP No. 2011 of 2016 C/W WP No. 16705 of 2016 WP No. 19489 of 2016 AND 9 OTHERS State free from all encumbrances and being available for the State to be used at its disposal. For the aforesaid reasons, this Court is of the considered view that the petitioners have failed to make out any grounds warranting interference. Petitions lack merit and the same are accordingly dismissed. Sd/- (M.G.S. KAMAL) JUDGE ASN List No.: 1