- 1 - NC: 2025:KHC:6549-DB WA No. 1506 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 1506 OF 2024 (LA-BDA) BETWEEN: 1. SRI NAGAMANGALAIAH S/O LATE KENDHANNA AGED ABOUT 64 YEARS R/AT BETTANAPALYA VILLAGE RAMOHALLI POST BENGALORE SOUTH TALUK BENGALURU-560 060. 2. SRI VENKATESHAPPA S/O LATE KENDHANNA AGED ABOUT 63 YEARS R/AT BETTANAPALYA VILLAGE RAMOHALLI POST BENGALORE SOUTH TALUK BENGALURU-560 060. 3. SRI NAGARAJU S/O SRI KENDHANNA R/AT NO.18, BETTANAPALYA VILLAGE RAMOHALLI POST BENGALORE SOUTH TALUK BENGALURU-560 060. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:6549-DB WA No. 1506 of 2024 4. SRI THIMMAPPA S/O LATE KENDHANNA AGED ABOUT 61 YEARS R/AT NO.E-08 NEAR SAI BABA TEMPLE BETTANAPALYA VILLAGE RAMOHALLI POST BENGALORE SOUTH TALUK BENGALURU-560 060. 5. SRI KRISHNAPPA S/O LATE KENDHANNA AGED ABOUT 60 YEARS R/AT NO.68 BETTANAPALYA VILLAGE RAMOHALLI POST BENGALORE SOUTH TALUK BENGALURU-560 060. …APPELLANTS (BY SRI KRISHNA S. VYAS, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA VIDHANA VEEDHI BANGALORE-560 001. 2. BANGALORE DEVELOPMENT AUTHORITY SANKEY ROAD KUMARAPARK WEST BANGALORE-560 020 BY ITS COMMISSIONER. - 3 - NC: 2025:KHC:6549-DB WA No. 1506 of 2024 3. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY SANKEY ROAD KUMARAPARK WEST BANGALORE-560 020. …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R.1; SRI MURUGESH V. CHARATI, ADVOCATE FOR R.2 & R.3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 17.11.2023 PASSED IN W.P.NO.13476/2020 (LA-BDA) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND CONSEQUENTLY ALLOW THE WRIT PETITION IN W.P.NO.13476/2020 (LA-BDA), ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN - 4 - NC: 2025:KHC:6549-DB WA No. 1506 of 2024 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE M.I.ARUN) Aggrieved by the order dated 17.11.2023 passed in Writ Petition No.13476 of 2020, the petitioners therein have preferred this writ appeal. 2. The appellants were said to be owners of certain lands situated at Sy.No.185/2 of Bheemanakuppe Village, Kengeri Hobli, Bangalore South Taluk. The said land was acquired for the purposes of formation of Nadaprabhu Kempegowda Layout. Aggrieved by the same, the appellants preferred Writ Petition No.13476 of 2020, which has been dismissed, against which, the present writ appeal is preferred. 3. The case of the appellants is that though a preliminary and final notifications under the provisions of the Bangalore Development Authority Act, 1976 (for short 'the BDA Act') has been passed, they are still in possession of the property concerned and award also has not been passed. It is submitted that final notification was passed wayback on 18.02.2010 and as the possession has not been taken sofar and award has not been - 5 - NC: 2025:KHC:6549-DB WA No. 1506 of 2024 passed, the acquisition should be considered to have been lapsed. It is contended that the learned Single Judge has erroneously dismissed the writ petition. 4. Per contra, the learned counsel appearing for the Bangalore Development Authority submits that pursuant to the issuance of the final notification, the possession of the property has been taken by the BDA and that award also has been passed. It is submitted that some of the appellants have signed the mahazar. It is also submitted that the same was produced before the learned Single Judge. It is further submitted that during the proceedings before the learned Single Judge, the appellants submitted that they intend to file a representation to the Bangalore Development Authority to seek benefit under Section 38D of the BDA Act for allotment of a portion of the land wherein they have put up certain construction. 5. Upon questioning the learned counsel for the appellants as to the submissions of the learned counsel for the BDA, the appellants are not in a position to rebut the same and conceded that the statements made by the counsel for the BDA are true. The impugned order records that subsequent to the final - 6 - NC: 2025:KHC:6549-DB WA No. 1506 of 2024 notification, possession of the property has been taken and award also has been passed. 6. Perusal of the papers indicates that the acquisition has been completed under the provisions of the BDA Act in accordance with law and there is no reason to interfere with the well reasoned order of the learned Single Judge. 7. For the said reason, the writ appeal is hereby dismissed. Pending interlocutory applications, if any, stand disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 31