- 1 - HC-KAR NC: 2025:KHC:30177 WP No. 16582 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 16582 OF 2021 (LA-BDA) BETWEEN: 1. MOHAMMED GHOUSE SINCE DEAD REPRESENTED BY HIS LR’S 1a. RIZWANA PARVEEN C/O SYED NAZEER AGED ABOUT 57 YEARS R/AT NO.4, MUBARAK NAGAR 8TH A CROSS, KEMPAIAH BLOCK J C NAGAR, BENGALURU – 560 006. 1b. IRFANA PARVEEN W/O. H.Y. JAWEED AHMED KHAN AGED ABOUT 52 YEARS R/AT NO.5, 3RD CROSS, KEMPAIAH BLOCK MUBARAK NAGAR J.C. NAGAR, BENGALURU NORTH BENGALURU – 560 006. 1c. IMRANA PARVEEN W/O. SYED ABDUL GHOUSE AGED ABOUT 48 YEARS R/AT NO.1 OLD NO.4, 8TH A CROSS KEMPAIAH BLOCK Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30177 WP No. 16582 of 2021 MUBARAK MOHALLA J.C.NAGAR BENGALURU NORTH BENGALURU – 560 006. 1d. MOHAMMED FAISAL S/O. MOHAMMED GHOUSE AGED ABOUT 46 YEARS R/AT NO.1 KEMPAIAH BLOCK 8TH A CROSS MUBARAK MOHALLA J C NAGAR BENGALURU – 560 006. 1E. YASMEEN PARVEEN C/O EJAZ AHMED AGED ABOUT 44 YEARS R/AT NO.12, 1ST MAIN, KEMPAIAH BLOCK NEAR MUBARAK MASJID J C NAGAR BENGALURU NORTH BENGALURU – 560 006. 1F. ISHRATH PARVEEN W/O. SYED NASIR AGED ABOUT 40 YEARS R/AT RAMANAGAR ROAD MELEKOTE, KANAKPURA RAMANAGAR – 562 117. 1G. MOHAMMED AFZAL PHASA S/O. MOHAMMED GHOUSE R/AT KEMPAIAH BLOCK - 3 - HC-KAR NC: 2025:KHC:30177 WP No. 16582 of 2021 8TH A CROSS, MUBARAK MOHALLA J. C. NAGAR BENGALURU – 560 006. …PETITIONERS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU – 560 001. 2. THE BENGALURU DEVELOPMENT AUTHORITY REP BY ITS COMMISSIONER, T. CHOWDAIAH ROAD, KUMARAKRUPA WEST, BENGALURU - 560 027. 3. THE SPECIAL LAND ACQUISITION OFFICER THE BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARAKRUPA WEST, BENGALURU – 560 027. …RESPONDENTS (BY SRI. M. RAJAKUMAR, LEARNED AGA FOR R1 SRI. MURUGESH V. CHARATI, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 27.06.1978 BEARING Page No.3 is retyped and replaced vide court order dated 04.09.2025 - 4 - HC-KAR NC: 2025:KHC:30177 WP No. 16582 of 2021 NO.HC.PR/LAC/11/BDA/78-79 AT ANNEXURE-C ISSUED BY R- 2; ii) FINAL NOTIFICATION BEARING NO.HUD.567 MNX 84 DATED 09.01.1985 ISSUED BY RESPONDENT NO.2 AT ANNEXURE-D (III) NOTIFICATION BEARING NO.BDA/ALAO/A4/90/87-88 DATED 16.05.1987 ISSUED UNDER SECTION 16(2) OF LA ACT AT ANNEXURE G WITH RESPECT TO SY NO.195 SITUATED IN KANCHARAKANAHALLI HAVING BEEN LAPSED IN THE INTEREST OF JUSTICE AND EQUITY ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayer: “a) A writ in the nature of certiorari or any other writ, order quashing the (i) preliminary notification dated 27.06.1978 issued by Respondent no. 2 at Annexure C Bearing No.HCPR/LAC11/BDA/779 dated 27.07.1978 (ii) Final Notification dated 09.01.1985 issued by Respondent no. 2 Bearing HUD 567 MNX 84 at Annexure-D, (iii) Notification dated 16.05.1987 issued NO BDA/ALAO/A4/90/87- 88 under section 16 (2) of LA Act at Annexure G with respect to Sy.195 situated in Kancharakanahalli having been lapsed in the interest of justice and equity. b) A writ in the nature of certiorari or any other writ, order quashing the order bearing no. NaAaE 397 BenAaSe 2015 dated 23.01.2019 issued by - 5 - HC-KAR NC: 2025:KHC:30177 WP No. 16582 of 2021 Respondent no. 1 at Annexure-W in the interest of justice and equity. c) A writ in the nature of certiorari or any other writ, order quashing the communication bearing no. BenAaPra/AaBhuSwaAa/239/2019-20 dated 01.04.2017 by Respondent no. 2 to Respondent no. 1 at Annexure-U and communication bearing No.¨É.D.¥Áæ.§Æ¸Áé.D.295/2017-18 BenAaPra/AaBhuSwa Aa/239/2019-20 dated 11.06.2019 by Respondent no. 2 to Respondent no. 1 at Annexure-X in the interest of justice and equity. d) To issue a writ in the nature of mandamus or any other order direction, declaring that the acquisition proceedings with respect to Sy. no. 195 has lapsed in the interest of justice and equity. e) To declare that the scheme in relation to the property bearing Sy. no. 195 owned by the Petitioner has been abandoned and stood lapsed on account of non-implementation and non-execution of the scheme in the interest of justice and equity. f) Pass any such order, direction, writ that this Hon'ble Court deems fit the present fact and circumstances of the case.” 2. Heard Sri Shivaprasad Shantanagoudar, learned counsel for petitioners, Sri M. Rajakumar, learned Additional Government Advocate for respondent No.1 and Sri Murugesh V. Charati, learned counsel for respondent Nos.2 and 3. 3. A preliminary notification comes to be issued on 27.06.1978 for the purpose of formation of a layout called Page No.5 is retyped and replaced vide court order dated 04.09.2025 - 6 - HC-KAR NC: 2025:KHC:30177 WP No. 16582 of 2021 Hennur - Bellary Road I Stage’. A final notification thereon is issued on 09.01.1985. Pursuant to the said final notification, a subsequent notification under Subsection (2) of Section 16 of the Land Acquisition Act was issued on 16.05.1987. 4. Learned counsel for the petitioners submits that the said notification was not in accordance with law. A challenge was made on the said ground before a coordinate bench of this Court in W.P.No.4589/2020, which comes to be disposed on 25.08.2021, reserving liberty to the petitioners to file a separate petition. The result of the said liberty granted by the coordinate bench is the subject petition. 5. Learned counsel for the petitioners would submit that they have houses and several structures in the property, which has become the subject matter of the acquisition. They are staying in the dwelling houses even as on today. To which, learned counsel appearing for respondent Nos.2 and 3 disputes the submission with regard to the possession of the property. - 7 - HC-KAR NC: 2025:KHC:30177 WP No. 16582 of 2021 6. Learned counsel for the petitioners would now restrict his submissions on an application submitted venting out the grievance of the petitioners to respondent Nos.2 and 3 – Bengaluru Development Authority and seek a direction to Bengaluru Development Authority to consider the same in accordance with law. 7. Sri Murugesh V. Charati, learned counsel for respondent Nos.2 and 3 would again submit that the writ petition preferred by the petitioners on the earlier occasion was dismissed and contend that the petitioners have no right to seek any reconsideration of their claim. Be that as it may. 8. In the light of the restriction of prayer by the learned counsel for petitioners only for consideration of the case of the petitioners on an application / representation that would be submitted by the petitioners and also the fact that several structures admittedly are in the property and that the petitioners are living in the said premises, I deem it appropriate to reserve liberty to these petitioners to submit an - 8 - HC-KAR NC: 2025:KHC:30177 WP No. 16582 of 2021 application/representation to the respondents - Bengaluru Development Authority, venting out their grievance, to which the Bengaluru Development Authority shall consider the same and pass necessary orders strictly in consonance with law, within an outer limit of six weeks from the date of receipt of a copy of the application / representation that would be submitted to the Bengaluru Development Authority. Till such time, the respondents - Bengaluru Development Authority shall not dispossess these petitioners, if they are not already dispossessed. 9. With the aforesaid observations and direction, the writ petition stands disposed. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NVJ/List No.: 1 Sl No.: 13