- 1 - NC: 2025:KHC:2818 WP No. 24724 of 2022 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. 24724 OF 2022 (LA-BDA) BETWEEN: RAMESH R., AGED ABOUT 52 YEARS S/O RAMAKRISHNAPPA R/AT NO.119, 7TH CROSS VASANTHAPURA BENGALURU SOUTH BENGALURU - 560 061. …PETITIONER (BY SRI. VIDYA S.,ADVOCATE) AND: 1. STATE OF KARNATAKA RERPESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDAH BENGALURU - 560 001. 2. URBAN DEVELOPMENT DEPARTMENT STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDAH BENGALURU - 560 001. 3. BANGALORE DEVELOPMENT AUTHROITY REPREENTED BY ITS COMMISSIONER T CHOWDAIAH ROAD, KUMARA PARK WEST BANGALROE - 560 020. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1 AND R2; SRI. K. KRISHNA.,ADVOCATE FOR R3) Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2818 WP No. 24724 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 22/07/1991 PASSED BY THE R2 AND R3 RESPONDENT AS PER ANNEXURE-G. CONSEQUENTLY DIRECT THE R3 TO RETURN AND HAND OVER VACANT POSSESSION OF THE SAID LAND TO THE PETITIONER. 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 is before this Court seeking following reliefs: ''a) Issue a writ of certiorari or any other suitable writ/direction to quash the notification dated 22/07/1991 passed by the 2nd & 3rd respondent as per Annexure-G. b) Consequently direct the 3rd respondent to return and hand over vacant possession of the said land to the petitioner. c) Award cost and litigation expenses, d) Pass such other order or direction that this Hon'ble Court deems fit to grant in the interest of justice and equity.'' 2. Case of the petitioner is that, his grandfather one Late. Ramachandrappa @ Ramachandrabasappa was the absolute owner of property bearing Sy.No.83/8 measuring 2 acres and 20 guntas of Doddakallasandra Village, Uttarahalli Hobli, Bengaluru South Taluk, he having acquired the same in terms - 3 - NC: 2025:KHC:2818 WP No. 24724 of 2022 of a deed of sale dated 20.11.1922. That the said grandfather of the petitioner passed away on 10.06.1967 and thereafter the father of the petitioner namely Ramakrishnappa succeeded to the said property who also passed away on 15.03.1991. Ever since then the petitioner has been in possession and enjoyment of the said property. 3. That the respondent-BDA had issued a preliminary notification dated 17.11.1988 proposing to acquire the aforesaid property for formation of layout called ''Jayaprakash Narayana Nagar, 9th Stage". A final notification dated 22.07.1991 was also issued, however no compensation is paid to the petitioner. Hence, the petitioner seeking quashing of the final notification. 4. Learned counsel for the respondent-BDA submits that the petitioner who claims to be the legal representatives of the original owner of the property has approached this Court after lapse of thirty one years, after having completely participating in the acquisition proceedings. He also refers to an application dated 23.03.1999, filed by the petitioner himself seeking compensation in respect of the acquired land for himself and on - 4 - NC: 2025:KHC:2818 WP No. 24724 of 2022 behalf of his other brothers who have not been made party to the present proceedings. Learned counsel further submits that the petitioner himself has filed another writ petition seeking allotment of site in lieu of compensation which has not been disclosed. Learned counsel for the respondent-BDA further referring to the contents of paragraph Nos.3 and 4 of the statement of objections submits that though the notification was issued, since the land being claimed by the petitioner consisted of 35 residential houses and the same having been fully built up, the respondent-BDA has not taken possession of the said lands and award is also not passed. He on instruction further submits that the respondent-BDA has not proceeded further in the matter. 5. Paragraph Nos.3 and 4 of the statement of objections dated 24.08.2023 filed on 01.03.2024 reads as under: ''3. It is submitted that after issuance of the preliminary notification, on the spot inspection conducted by the Engineering section of the BDA, it was found that the land in question was fully built up and consist of 35 constructed houses. The owners of the said 35 houses who have constructed the houses in the land in question are not made parties to the above writ petition. In view of the constructions of 35 houses by different - 5 - NC: 2025:KHC:2818 WP No. 24724 of 2022 persons, the petitioner is not the owner of the land in question. Therefore, the above writ petition filed by the petitioner is not maintainable. 4. It is submitted that the land in Sy. No.83/8 measuring 2 acres 20 guntas situated in Doddakallasandra Village, Uttarahalli Hobli, Bangalore South Taluk along with certain other lands were notified for public purpose for the formation of layout called Jayaprakash Narayana Nagar 9th Stage layout vide preliminary Notification dated 17-11-1988 and Final Notification dated 22-7-1991. In respect of the land in Sy. No.83/8 is concerned Sri. Ramachannabasappa and others were the notified khatedars. Spot inspection of the land in question was conducted on 10-3-1997 and found that the land in question was fully built up area. The petitioner and his brothers made application dated 23-3-1999 seeking for compensation amount in respect of the land in question to them. The BDA has sought report from its Engineering Section about the status of the land in question and it was reported that total 35 houses were in existence in the land in question. In view of the same, BDA has not passed award in respect of the land in question.'' 6. From the averments made in the statement of objections referred to above, it is clear that even according to the respondent-BDA though the final notification for acquisition of land belonging to the petitioner was issued on 22.07.1991 admittedly till date, neither the award has been passed nor the - 6 - NC: 2025:KHC:2818 WP No. 24724 of 2022 possession has not been taken. In other words, the acquisition has not been completed in the manner known to law. 7. In any event, since the petitioner has not disputed the existence of 35 residential houses on the subject property and as rightly contended by the learned counsel for the respondent- BDA, petition without disclosing these aspect of the matter and without even making owners/occupants of the said residential houses as party to the present petition, same cannot be entertained, moreso when the relief in the nature of direction to the respondent-BDA to hand over the vacant possession of the subject land is sought for. Petitioner thus is not entitled for relief as sought for. Reserving liberty to the petitioner to avail such other remedy as may be available under law. Thus, petition is disposed of. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 38