- 1 - NC: 2025:KHC:4235 WP No. 3047 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 3047 OF 2022 (LA-BDA) BETWEEN: SMT.S.NALINI W/O S. RUDRESH BABU, AGED ABOUT 47 YEARS, NO.83, ANUGRAHA, 5TH CROSS, SHARADA LAYOUT, BHEL 2ND STAGE, PATTANAGERE, RAJARAJESHWARINAGAR, BENGALURU - 560 098. …PETITIONER (BY SRI. JOSHI DATTATRAYA MADHAVA RAO, ADVOCATE) AND: 1. THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, BENGALURU-560 020. 2. ADDITIONAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, BENGALURU-560 020. 3. THE UNDER SECRETARY GOVERNMENT OF KARNATAKA, URBAN DEVELOPMENT AUTHORITY, BENGALURU-560 001. …RESPONDENTS (BY SRI. AJAYKUMAR M.,ADVOCATE FOR R1 AND R2; SRI. HANUMANTHARAYA LAGALI, AGA FOR R3) Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:4235 WP No. 3047 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE FINAL GAZETTE NOTIFICATION IN RESPECT OF THE PETITIONER SURVEY NO.23/2 SITUATED AT KODIHALLI VILLAGE BENGALURU AS PER SL.NO.262 IN THE FINAL NOTIFICATION NO.UDD 51 MNX 2010, BENGALURU DATED: 18.02.2010 VIDE ANNEXURE-F1 AND FURTHER ORDER FOR ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO DELETE/DE-NOTIFY THE SURVEY NO.23/2 SITUATED AT KODIGEHALLI VILLAGE, BENGALURU IN THE FINAL GAZETTE NOTIFICATION DATED 18.02.2010 ANNEXURE- F1 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petition is filed seeking following reliefs: a) Issue a writ of certiorari or direction or order to quash/set aside the final gazette notification in respect of the petitioner survey No.23/2 situated at Kodihalli village, Bengaluru as per Sl.No.262 in the final notification No.UDD 51 MNX 2010, Bengaluru dated 18.02.2010 vide Annexure-F-1 and further order for issue a writ of mandamus directing the respondents to delete/de-notify the survey No.23/2 situated at Kodigehalli village, Bengaluru in the final gazette notification No.UDD 51 MNX 2010, Bengaluru dated 18.02.2010 Annexure-F1. b) Issue a writ, order or direction to the respondents to denotify/delete the land in Sy.No.23/2 measuring 0.27 guntas as the land situated in the middle of survey No.23/3 and 23/4 at par, as survey No.23/3 and 23/4, 23/5 have already been deleted/de-notified in the final gazette notification No.UDD 51 MNX 2010, Bengaluru dated 18.02.2010 vide Annexure-F1. - 3 - NC: 2025:KHC:4235 WP No. 3047 of 2022 OR ALTERNATIVELY c) Issue a writ, order or direction to opt for the option made by the petitioner along with compensation of Rs.39,00,000/- (3 lakh per year) within a reasonable time fixed by the Hon'ble Court. d) Issue a writ or order direction by this Hon'ble Court deems fit and proper in the interest of justice and equity. 2. Petitioner is before this Court for the second time seeking similar relief which she had sought on an earlier occasion in W.P.No.43648/2012 wherein petitioner had sought for deletion/denotification of the land in Sy.No.23/2 of Kodigehalli Village, Yeshwanthpur Hobli, Bengaluru from the Final Notification dated 18.02.2010 which is identical and similar to the prayer now sought in this petition. 3. The Co-ordinate Bench of this Court by order dated 18.02.2013 taking note of the averments made in the aforesaid petition and also taking note of the fact that the petitioner had exercised option of receiving 40% of the developed land or monetary compensation for the acquisition of her property which is Sy.No.23/2 measuring 27 guntas, had found the petition to be devoid of merits and had accordingly rejected the same and the said order has attained finality. - 4 - NC: 2025:KHC:4235 WP No. 3047 of 2022 4. Learned counsel for the petitioner relying upon the Judgment of the Division Bench of this Court passed in W.A.No.1783/2014 and connected matters submits that petitioner is entitled for the relief of seeking deletion/dropping of her land from acquisition in terms of the order at paragraph (iii)(a)(i). Hence, seeks for allowing of the petition. 5. Once petitioner having come before this Court seeking similar relief on identical set of facts and this Court having rejected the petition being meritless, petitioner cannot reagitate the same grounds without challenging the earlier order lest there will be no end. Resultant petition is disposed of with the following directions: (i) Petitioner prayer at Column (a) and (b) of the writ petition therefore are rejected as the same having been barred in view of the earlier order passed by this Court, and same having attained finality. (ii) As regards the alternate relief, petitioner is at liberty to make representation with regard to alternate relief - 5 - NC: 2025:KHC:4235 WP No. 3047 of 2022 within a period of 30 days from the date of receipt of certified copy of this order if advised so. (iii) Respondent -BDA to consider the same within twelve weeks thereafter subject to petitioner satisfying all other requirements and requisitions which may be made by the respondent authorities. SD/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 27