- 1 - HC-KAR NC: 2025:KHC:41593 WP No. 13181 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 13181 OF 2015 (LA-BDA) BETWEEN: SMT NINGAJAMMA, W/O SRI HONNEGOWDA, AGED ABOUT 67 YEARS, R/A GORAVANAHALLI VILLAGE, BYCHANAHALLI POST, KASABA HOBLI, HARAKALAGUDU TALUK, HASSAN DISTRICT, (SENIOR CITIZEN BENEFITS NOT CLAIMED) …PETITIONER (BY SMT B V VIDYULATHA, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMETN OF HOUSING & URBAN DEVELOPMENT, VIKASA SOUDHA, BANGALORE-560001, REPRESENTED BY ITS SECRETARY. 2. BANGALORE DEVELOPMENT AUTHORITY, K P WEST EXTENSION, BANGALORE-560020, REPRESENTED BY ITS COMMISSIONER. 3. ADDITIONAL LAND ACQUISITION OFFICER, BANGALORE DVELOPMENT AUTHORITY, BANGALORE-560020, REPRESENTED BY ITS GENERAL SECETARY. …RESPONDENTS (BY SRI HARISHA A S, AGA FOR R1, SRI MURUGESH V CHARATI, ADVOCATE FOR R2 AND R3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41593 WP No. 13181 of 2015 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION ISSUED BY THE R-2 DTD.21.5.2008 PUBLISHED IN KARNATAKA GAZETTE ON 22.5.2008 AT ANNEX-E IN SO FAR AS TO THE PETITIONERS SCHEDULE LAND IS CONCERNED AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner in this Writ Petition is before this Court seeking for the following reliefs: "1. Issue a Writ of Certiorari or any other similar Writ or Direction quashing the Preliminary Notification issued by the 2nd respondent No. B.D.A./ COMMR/ DC(LA)/ ALAO/ 158/ 2008- 2009, Bangalore dated 21.05.2008 published in Karnataka Gazette on 22.05.2008 at ANNEXURE-E, in so far as to the Petitioners' Schedule Land is concerned. 2. Issue a Writ of Certiorari or any other similar Writ or Direction quashing the Final Notification issued by the 2nd Respondent under Section - 3 - HC-KAR NC: 2025:KHC:41593 WP No. 13181 of 2015 19(1) of the B.D.A. Act bearing No.UDD 51 MNX 2010, Bangalore dated 18.02.2010 published in the Karnataka Gazette on 18.02.2010 at ANNEXURE-G in so far as to the Petitioners' Schedule Land is concerned. (or in the alternative) 3. Issue a Writ of Mandamus or any other similar Writ of Order or Direction directing Respondents to collect the Betterment Charges and to regularize the Schedule Property in favour of the Petitioner as per their own policy as stated in ANNEXURE-L. 4. Pass such other Writ, Orders or Directions that this Hon'ble court deems fit to grant in the interest of justice and equity and in the facts and circumstances of the case." 2. This Court, by order dated 16.09.2025, directed the Bangalore Development Authority (for short 'BDA') to conduct a joint survey in the presence of the petitioner to resolve the dispute. - 4 - HC-KAR NC: 2025:KHC:41593 WP No. 13181 of 2015 3. Pursuant to the said order, joint survey was conducted, and the BDA has filed a memo enclosing the survey report. 4. The relevant portion of the survey report reads as under: "²æêÀÄw ¤AUÀdªÀÄä PÉÆÃA ºÉÆãÉßUËqÀ gÀªÀgÀ ¸ÀéwÛ£À ¸ÀªÉð £ÀA§gï zÁR¯ÉAiÀÄAvÉ 44/1 I2 DVzÀÄÝ, 00 JPÀj - 02 UÀÄAmÉ ¥ÀæzÉñÀªÀªÀÅ C¼ÀvÉ ªÀiÁr £ÀPÉë vÀAiÀiÁj¹zÉ. ¸ÀzÀj ¥ÀæzÉñÀªÀÅ J¥ï.J£ï. £ÀPÉëAiÀÄAvÉ J£ï.J£ï.J ¥ÀæzÉñÀzÉƼÀUÉ PÀAqÀħA¢zÀÄÝ ¸ÀzÀj ¥ÀæzÉñÀªÀ£ÀÄß ºÀ¼À¢ §tÚ¢AzÀ UÀÄgÀÄw¹zÉ" 5. The yellow mark portion in the survey report indicates 'Not Notified Area' (for short 'NNA') and it is evident that the petitioner's scheduled property falls within such portion, meaning it is not included in the area notified for acquisition. 6. The Memo along with survey report is taken on record. 7. In view of the survey report filed, which clearly establishes that petitioner's property is situated outside - 5 - HC-KAR NC: 2025:KHC:41593 WP No. 13181 of 2015 the notified area, the relief sought in the Writ Petition stands redressed. 8. Accordingly, the Writ Petition stands disposed of. Sd/- _____________________ JUSTICE K.S. HEMALEKHA GVP List No.: 1 Sl No.: 40