- 1 - NC: 2025:KHC:2662 WP No. 25998 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 25998 OF 2017 (LA-BDA) BETWEEN: SRI K A BASITH AGED ABOUT 45 YEARS SON OF LATE E ABDUL KHUDDUS RESIDING AT NO HOUSE LIST KHATA NO 982 AND SITE NO 2 NAGAWARA, BANGALORE - 560 045. …PETITIONER (BY SRI. SYED IMRAN.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKAS SOUDHA BANGALORE - 560 001. 2. THE BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, K P WEST, BANGALORE - 560020 REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1; SRI. KIRAN C.V.,ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSITUTION OF INDIA PRAYING TO DECLARE THAT THE ACQUISITION PROCEEDINGS COMMENCED BY THE Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2662 WP No. 25998 of 2017 BANGALORE DEVELOPMENT AUTHORITY BY VIRTUE OF THE PRELIMINARY NOTIFICATION DATED 27.06.1978 AT ANEX-J ISSUED BY THE SECRETARY, BDA, BENGALURU AND FINAL NOTIFICATION DATED 09.01.1985 [ANNEXURE-K] ISSUED BY CHAIRMAN HOUSING AND URBAN DEVELOPMENT IS DEEMED TO HAVE BEEN LAPSED UNDER SEC. 24/(2) OF THE RIGHT OF FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RE-SETTLEMENT ACT, 2013 AND THE RIGHT OF THE OWNERS OF THE PROPERTIES IN QUESTION HAVE BEEN REVERTED BACK TO THE OWNER AND ALSO THE ACQUISITION PROCEEDINGS IS DEEMED TO HAVE BEEN LAPSED UNDER SEC. 27 OF THE BANGALORE DEVELOPMENT AUTHORITY ACT, 1976 FOR FAILURE TO TAKE PHYSICAL POSSESSION OF THE LAND, SEC. 36(3) HAS BECOME INOPERATIVE SO FAR AS THE LANDS OF THE PETITIONERS ARE COCNERNED 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 Petitioner claiming to be the purchaser of the property bearing House List Khatha No.982 and site No.2 situated at Nagawara Village, Kasaba Hobli, Bangalore North Taluk described in the schedule to the petition having purchased the same in terms of the deed of sale dated 23.01.1995 is before this Court seeking following reliefs; "(a) declare that the acquisition proceedings commenced by the Bangalore Development Authority by virtue of the Preliminary Notification - 3 - NC: 2025:KHC:2662 WP No. 25998 of 2017 No.BDA/ALAO/S/11/78-79 dated 27.06.1978 (Annexure-J) issued by the Secretary, BDA, Bengaluru and the Final Notification bearing No. HUD 567 MNX 84 dated 09.01.1985 (Annexure-K) issued by the Chairman, Housing & Urban Development Department, Bengaluru are deemed to have been lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re- settlement Act, 2013 and the right of the owners of the properties in question have been reverted back to the owner and also the acquisition proceedings is deemed to have been lapsed under Section 27 of the Bangalore Development Authority Act, 1976 for failure to take physical possession of the land, Section 36(3) has become inoperative so far as the lands of the petitioners are concerned. (b) Further declare that the impugned acquisition proceedings are deemed to have lapsed under Section 7 of the BDA Act and Section 36 becomes inoperative and demolition made in the early morning at 5 am on 25.05.2017 is highhanded and in violation of the principles of natural justice in view of the report of the Planning Committee of the BDA dated 22.10.1998 (Annexure-N) and the proceedings of the BDA (Annexure-P) to the effect that the land in Sy.No.5/2 and 6/2 is a developed land and recommended for reconveyance; alternatively, allot the schedule land under Section 20 of the Bengaluru Development Authority; (c) grant compensation under the public law remedy a sum of Rs.50.00 lakhs towards the cost of construction and for causing illegal demolition and damage to the materials, which started at 5.00 AM on 25.05.2017 and also for causing, mental agony and hardship for the family members of the Petitioner OR direct any competent authority to assess the damages caused because of the illegal acts (unauthorized demolitions). - 4 - NC: 2025:KHC:2662 WP No. 25998 of 2017 (d) issue any other Writ, order or direction and such other reliefs as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case, in the interest of justice and equity. 2. Petitioner had earlier approached this Court by filing a writ petition in W.P.No.21483-89/2000 seeking direction to the respondent for allotting the property referred to therein, in terms of the provision of Section 38C(2) of the BDA Act. That this Court referring to the order of the Division Bench passed in John B. James vs. BDA and another (W.P.Nos.11055- 059/2000 decided on 07.08.2000) had disposed of the matter reserving liberty to the petitioner herein to seek such remedy as may be available under law. However, petitioner has filed the present petition seeking declaration that the acquisition has lapsed under Section 24(4) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3. Learned counsel for the petitioner after arguing the matter for sometime submits that if liberty is reserved to the petitioner in terms of the paragraph 85 of the judgment passed by the Division bench of this Court in the case of John B.James (supra) purpose of this petition would be served. - 5 - NC: 2025:KHC:2662 WP No. 25998 of 2017 4. Heard and perused the records. 5. Para 85 of the said order passed in the case of John B. James (supra) referred to hereinabove, reads as under; "85. Where the petitioners claim that they are in settled possession for more than 12 years after the land had vested in BDA, it is open to them to approach the Civil Court for a declaration of title by establishing adverse possession for more than 12 years." 6. In view of the above, following ; ORDER (a) Writ petition is disposed of. (b) Petitioner is at liberty to avail such remedy as may be available under law. In view of the disposal of the writ petition, pending application in I.A.No.2/2017 is disposed of. SD/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 30