- 1 - HC-KAR NC: 2025:KHC:28677-DB WA No. 363 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT APPEAL NO. 363 OF 2024 (LA-UDA) BETWEEN: 1. SMT SHIVAMMA AGED ABOUT 65 YEARS, W/O LATE MUDDAPPA, 2. SMT. SOMAMMA, AGED ABOUT 50 YEARS, D/O LATE MUDDAPPA, W/O THIMMAPPA, 3. SMT. JYOTHI, AGED ABOUT 39 YEARS, D/O LATE MUDDAPPA, W/O SRINIVAS, 4. SRI KODANDA AGED ABOUT 44 YEARS, S/O LATE MUDDAPPA, 5. SRI THULASIRAM, AGED ABOUT 40 YEARS, S/O LATE MUDDAPPA, 6. SRI VASU, AGED ABOUT 37 YEARS, S/O LATE MUDDAPPA, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28677-DB WA No. 363 of 2024 ALL ARE RESIDING AT NO.32, I CROSS, RAGHAVENDRA NAGAR, GIRIYABOYEPALYA, NAZARBAD MOHALLA, MYSORE - 570010. …APPELLANTS (BY SRI. BHADRINATH R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, TO THE GOVERNMENT HOUSING AND URBAN DEVELOPMENT DEPARTMENT BENGALURU - 560001. 2. THE MYSORE URBAN DEVELOPMENT AUTHORITY MYSORE, MYSORE DISTRICT - 570001 BY ITS COMMISSIONER 3. THE SPECIAL LAND ACQUISITION OFFICER, MYOSRE URBAN DEVELOPMENT AUTHORITY MYSORE DISTRICT - 570001. 4. SRI DADAPPER, AGED ABOUT 78 YEARS, S/O LATE MOHAMMED PEER, 5. SMT. PARVEENTAJ, AGED ABOUT 65 YEARS, W/O LATE DADAPPER, R4 AND 5 ARE RESIDING AT NO.3225/39 II EDIGA, 4TH CROSS, MANDI MOHALLA, MYSORE - 570001. …RESPONDENTS (BY SRI. SHWETA KRISHNAPPA, AGA FOR R1; SRI. T.P.VIVEKANANDA, ADVOCATE FOR R2 AND R3; - 3 - HC-KAR NC: 2025:KHC:28677-DB WA No. 363 of 2024 R4 AND R5 ARE SERVED AND UNREPRESENTED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS AND TO SET ASIDE THE IMPUGNED ORDER DATED 19.01.2024, IN WP No-53118/2014 (LA-UDA) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT CONSEQUENTLY TO PERMIT THE APPELLANTS TO PROSECUTE THE WP No- 53118/2014 (LA-UDA) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard learned counsel for the appellants. The learned Single Judge, considering the challenge to an acquisition of the year 1992 and a Final Notification dated 06.10.1994 had dismissed the petition in W.P.No.53118/2014 filed by the appellants herein on the ground that it was hit by delay and laches. 2. Learned counsel for the appellants submits that the question with regard to title to the property was - 4 - HC-KAR NC: 2025:KHC:28677-DB WA No. 363 of 2024 pending in a civil suit filed in 1992, and that the same came to be decreed only in the year 2002. It is therefore contended that the acquisition could not have been challenged by the petitioners in the civil suit. 3. We have noticed that by Section 36 of the Karnataka Urban Development Authorities Act, 1987 and the provisions of the Land Acquisition Act, 1894 have been made applicable to acquisitions under the Karnataka Urban Development Authorities Act, 1987 as well. It is clear that the question of apportionment of compensation and payment of compensation or deposit in case of dispute with regard to title would therefore have been squarely applicable to the instant acquisition as well. Even if all the contentions of the appellants are to be accepted, admittedly, the suit was decreed in 2002 and the writ petition is filed in the year 2014. 4. Having considered the contentions advanced, we are of the opinion that the contentions raised by the - 5 - HC-KAR NC: 2025:KHC:28677-DB WA No. 363 of 2024 appellants in this appeal do not merit any consideration. The challenge raised in 2014 to the acquisition initiated in the year 1992 was evidently and hopelessly belated. The appeal fails and the same is accordingly dismissed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE RB List No.: 1 Sl No.: 4