- 1 - HC-KAR NC: 2025:KHC:48949 WP No. 52209 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.52209 OF 2017 (LA-BDA) BETWEEN: SMT. SUSHEELAMMA, AGED ABOUT 54 YEARS, W/O SHRI PUKH RAJ, RESIDING AT NO.1095 10TH MAIN, RPC LAYOUT, VIJAYANAGAR, BENGALURU-560040. …PETITIONER (BY SRI PRAKASH T. HEBBAR, ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDINGS, BENGALURU-560001. REPRESENTED BY ITS SECRETARY. 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDIAHA ROAD, KUMARA PARK WEST, BENGALURU-560020. 3. SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDIAHA ROAD, KUMARA PARK WEST BENGALURU-560020. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1; SRI MURUGESH V. CHARATI, ADVOCATE FOR R-2 & R-3) Digitally signed by C K LATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48949 WP No. 52209 of 2017 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACQUISITION PROCEEDINGS INITIATED BY THE RESPONDENTS VIDE PRELIMINARY NOTIFICATION DATED 21.05.2008 AND FINAL NOTIFICATION DATED 18.02.2010 AS PER ANNEXURES-A AND B, ISSUED BY THE FIRST RESPONDENT STATE UNDER SECTION 19 OF THE BENGALURU DEVELOPMENT AUTHORITY ACT, 1976 AND ALSO THE PURPORTED AWARD BEARING NO.LA CASE NO.1001/2009-2010 AS DEEMED TO HAVE BEEN LAPSED IN VIEW OF SECTION 27 OF THE BENGALURU DEVELOPMENT AUTHORITY ACT, 1976 IN RESPECT OF THE LAND MEASURING 1 ACRE O2 GUNTAS OUT OF 1 ACRE 20 GUNTAS IN SY.NO.43, SITUATED AT SULIKERE VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK (i.e., THE SCHEDULE PROPERTY). THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has sought for the following reliefs: “(A) ISSUE a writ of Certiorari or any other appropriate writ, order or direction to declare that the acquisition proceedings initiated by the respondents vide Preliminary Notification bearing No.BDA/COMMR/DC(LA)/ALAO/158/2008-09 dated 21/05/2008 and Final Notification bearing No.UDD 51 MN/2010 dated 18/02/2010 as per Annexures-A and B, issued by the first respondent State under Section 19 of the Bengaluru Development Authority Act, 1976 and also the purported award bearing No. LA Case No.1001/2009-2010 as deemed to have been lapsed in view of Section 27 of the Bengaluru - 3 - HC-KAR NC: 2025:KHC:48949 WP No. 52209 of 2017 Development Authority Act, 1976 in respect of the land measuring 1 acre 02 guntas out of 1 acre 20 guntas in Sy.No.43, situated at Sulikere village, Kengeri Hobli, Bengaluru South Taluk (i.e., the schedule property). ALTERNATIVELY, Further be pleased to issue a writ of Certiorari or any other appropriate writ, order or direction to declare that the acquisition proceedings initiated by the respondents vide Preliminary Notification bearing No.BDA/COMMR/DC(LA)/ALAO/158/2008-09 dated 21/05/2008 and Final Notification bearing No.UDD 51 MN/2010 dated 18/02/2010 as per Annexures-A and B, issued by the first respondent State under Section 19 of the Bengaluru Development Authority Act, 1976 and also the purported award bearing No. LA Case No.1001/2009-1010 as deemed to have been lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. 2013 in respect of the land measuring 1 acre 02 guntas out of 1 acre 20 guntas in Sy.No.43, situated at Sulikere village, Kengeri Hobli, Bengaluru South Taluk (i.e., the schedule property). - 4 - HC-KAR NC: 2025:KHC:48949 WP No. 52209 of 2017 (B) TO GRANT such other or further reliefs as this Hon'ble Court may deem fit and appropriate in the facts and circumstances of the case, in the interest of justice and equity.” 2. Learned counsel for the petitioner submits that the issue involved in the present petition is squarely covered by the decision of the Co-Ordinate Bench of this Court in the case of Sri. R. Shankaran Vs. State of Karnataka and others1 (R. Shankaran), wherein the notifications issued for the acquisition of land for the formation of ‘Nadaprabhu Kempegowda Layout’ were quashed. 3. Per contra, learned counsel appearing for the respondents submits that decision in R. Shankaran’s case has been reversed by the Division Bench in W.A.No.1783/2014 and connected matters, wherein the acquisition has been upheld. It is further submitted that the Division Bench has issued comprehensive directions 1 W.P. No.32186/2010 & connected matters D.D. 11.07.2014 - 5 - HC-KAR NC: 2025:KHC:48949 WP No. 52209 of 2017 enabling landowners to approach the BDA for consideration of specific categories of exemption. 4. The Division Bench, while allowing the appeals, observed as under: “ORDER i) The above appeals filed by the BDA are allowed; ii) The order dated 11.7.2014 passed by the learned Single Judge in WP No.32186/2010 and other connected writ petitions is set aside. The orders passed in writ petitions which are decided placing reliance on the order dated 11.7.2014 passed in WP No.32186/2010 and other connected writ petitions are also set aside; iii) The preliminary notification bearing No.BDA/ COMMR/DC(LA)/ALAO/158/2008-2009, Bangalore, dated 21.5.2008 and the final notification bearing No. UDD 51 MNX 2010, Bangalore, dated 18.2.2010 issued for acquisition of lands for the formation of the “Nadaprabhu Kempegowda Layout” are upheld subject to the following conditions: a) With regard to the land owners (excluding the site owners): - 6 - HC-KAR NC: 2025:KHC:48949 WP No. 52209 of 2017 i) All the land owners/writ petitioners who are seeking for dropping of their lands from acquisition on the ground that their lands are (1) nursery lands; (2) situated within green belt; (3) totally built up; (4) that the buildings are constructed by religious/charitable educational institutions; (5) that similar adjoining lands have been either left out from acquisition or de-notified, are permitted to make an application to the BDA seeking for dropping of their lands from acquisition by producing all such material that they deem fit/necessary in support of their applications within 3 months from today; (ii) The BDA shall consider each of the said application/s keeping in mind the status of the lands as on the date of the preliminary notification and without taking into consideration any developments / improvements / constructions made subsequent to the preliminary notification; iii) The BDA shall complete the exercise of considering the applications of the writ petitioners and deciding on the same within an outer limit of six months from today; iv) The BDA, upon consideration of the applications shall intimate the writ petitioners about its decision; - 7 - HC-KAR NC: 2025:KHC:48949 WP No. 52209 of 2017 v) If the BDA is of the opinion that the acquisition will have to be proceeded with, the BDA is at liberty to proceed further in accordance with law;” (emphasis supplied) 5. In view of the observation of the Division Bench in W.A.No.1783/2014, the present writ petition is disposed of in terms of the observations and directions contained in order portion at (i) to (v) of the said judgment. The petitioner is at liberty to avail the remedy provided therein. Sd/- ______________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 27