- 1 - HC-KAR NC: 2025:KHC:49459 WP No. 18237 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 18237 OF 2023 (LA-BDA) BETWEEN: UDAYA SHANKAR P S/O SMT JAYAMMA PATALAIAH AGED ABOUT 50 YEARS GRAND SON OF LATE MUNIMARAPPA R/A NO.282, MUNIMARAPPA BLOCK DEVARAJEEANAHALLI ARABIC COLLEGE POST BENGALURU- 560 045 …PETITIONER (BY SRI. MANJUNATH G KANDEKAR., ADVOCATE) AND: 1. THE STATE AND OTHERS REPTD BY ITS CHIEF SECRETARY TO GOVERNMENT OF KARNATAKA VIDHANA SOUDHA DR B R AMBEDKAR VEEDHI BENGALURU-560001 2. THE ADDITIONAL CHIEF SECRETARY TO URBAN DEVELOPMENT DEPARTMENT VIKAS SOUDHA DR B R AMBEDKAR VEEDHI BENGALURU-560001 3. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK SESHADRIURAM WEST T CHOWDAIAH ROAD BENGALURU-560020 Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49459 WP No. 18237 of 2023 4. THE DEPUTY COMMISSIONER LAND ACQUISITION BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK SESHADRIPURAM WEST T CHOWDAIAH ROAD BENGALURU-560020 5. THE ADDITIONAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK SESHDRIPURAM WEST T CHOWDAIAH ROAD BENGALURU-560020 6. THE ESTATE OFFICER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK SESHADRIPURAM WEST T CHOWDAIAH ROAD BENGALURU-560020 7. THE EXECUTIVE ENGINEER BENGALURU DEVELOPMENT AUTHORITY R T NAGAR, BDA COMPLEX R T NAGAR POST BENGALURU-560032 8. THE ASSISTANT EXECUTIVE ENGINEER BENGALURU DEVELOPMENT AUTHORITY R T NAGAR BDA COMPLEX R T NAGAR POST BENGALURU-560032 9. THE ASSISTANT DIRECTOR OF LAND RECORDS (ADLR)-2, K R CIRCLE DEPARTMENT OF SURVEY AND RESETTLEMENT BENGALURU-560001 …RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR RE, R2 AND R9; SRI. G LAKSHMEESH RAO, ADVOCATE FOR R3 TO R8) - 3 - HC-KAR NC: 2025:KHC:49459 WP No. 18237 of 2023 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR ENTIRE RECORDS PERTAINING TO THE ACQUIRED LAND IN SY.NOS. 34/1, SY.NO. 48 AND IN SY.NO. 4 OF DJ HALLI, BENGALURU NORTH TALUK THROUGH PRELIMINARY AND FINAL NOTIFICATION AND AWARD PENDING ON THE FILE OF R-3 BDA THE LAND BELONGING TO THE PETITIONER AND DIRECT THE R-3 COMMISSIONER- BDA EITHER TO PAY ADEQUATE COMPENSATION OR IN LIEU OF IT, ISSUE TDR CERTIFICATES TO THE PETITIONER TO EXTENT OF 25,570.74 SQUARE METERS OF ACQUIRED LAND SITUATED AT DEVERJEEVANAHALLI IN SY.NO. 34/1 AND 48 (NOW CTS NO. 1782/4) VIDE ANNEXURE-B-4 DTD 27/11/2019 AS PER CITY SURVEY ENQUIRY REGISTER MAINTAINED BY ADLR-2 R-2., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner had approached this Court seeking writ of mandamus directing respondent No.3-the Commissioner, BDA either to pay adequate compensation or, in alternative to issue Transferable Developmental Rights (for short 'TDR') Certificates to the petitioner to the extent of 25,570 sq.mts., of the acquired land situated at Devarajeevanahalli (for short 'D J Halli'), Bengaluru North Taluk, in Sy.No.34/1 and 48(now CTS No.1782/4) dated - 4 - HC-KAR NC: 2025:KHC:49459 WP No. 18237 of 2023 27.11.2019, to an extent of 1 Acre 2.75 guntas of land out of 4 Acres 11 guntas in Sy.N.4(now CTS No.2216)(Annexure-B-4). Further, a direction for issuance of either an adequate compensation at prevailing market value or in the alternative seeking for issuance of certificate of TDR under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘Act, 2013’ for short). 2. Heard learned counsel appearing for the parties. Perused the original records produced by learned counsel for BDA. 3. The facts of the case are that, the petitioner claims absolute ownership over land measuring 4 Acres 11 Guntas of land in Sy.No.4, 34 Guntas of land in Sy.No.48 and 5 Acres 33 Guntas of land in Sy.No.34/1 situated at DJ Halli, Bengaluru North Taluk. Respondent No.3 issued Preliminary Notification on 29.05.1978 followed by the Final Notification on 28.02.1985 to acquire the schedule - 5 - HC-KAR NC: 2025:KHC:49459 WP No. 18237 of 2023 property for public purpose. The original owner, Munimarappa-Kathedar of the schedule property died on 21.10.1984. An award, however came to be passed only for 0.5 Guntas in Sy.No.48, at DJ Halli, Bengaluru North Taluk on 12.04.2000. 4. Learned counsel for the petitioner submits that though Sy.No.34/1 measuring 5 acres 33 guntas, Sy.No.4 measuring 4 acres 11 guntas preliminary and final Notifications were issued, award has not been passed. It is contended that the legal representatives of Munimarappa filed representation to the authority seeking compensation in respect of the remaining notified lands. The grievance is that neither the compensation nor issuance of TDR as sought by the petitioner is not ordered in favour of the petitioner. 5. Per contra, learned counsel for the BDA submits that though notifications under Sections 17 and 19 of the Bangalore Development Authority Act, 1976 (‘BDA Act’ for - 6 - HC-KAR NC: 2025:KHC:49459 WP No. 18237 of 2023 short) were issued, no award was passed in respect of Survey No.4, Survey No. 34/1 and remaining extent of Survey No.48 since the lands were already fully developed, rendering the proposed scheme incapable of implementation. Only 0.5 guntas in Survey No.48 was utilized for storm water drain and corresponding compensation was deposited in LAC No.26/2000. It is further submitted that the lands were transferred by the original khatedar, Muniramappa to several third parties even prior to the finalization of acquisition proceedings and persons in occupation of built-up structures had also filed objections as early as 1985. 6. The respondents have placed the original records, the status report along with the Google Maps extracts and photographs indicating that the lands in question are fully developed and built up. 7. Learned counsel for the petitioner, however, disputes the report relying on the sketch at Annexure-M. - 7 - HC-KAR NC: 2025:KHC:49459 WP No. 18237 of 2023 8. It is further submitted by the respondents that the acquisition having culminated in an award in the year 2000 for a limited extent of 0.5 guntas, and the remaining lands having become unutilizable for the notified purpose, the present petition filed in 2023 suffers from delay and laches. 9. This Court has carefully considered the submissions advanced by the learned counsel for the parties. 10. The original records pertaining to the acquisition as produced by the learned counsel appearing for the BDA, were placed before the Court and have been thoroughly perused. From the material on record, including the sketches, status report, Google Maps extracts, photographs, and the contemporaneous correspondence contained in the original files, it is evident that only 0.5 guntas in Survey No.48 was utilized and an award was passed and compensation deposited in LAC - 8 - HC-KAR NC: 2025:KHC:49459 WP No. 18237 of 2023 No.26/2000. The remaining lands, though notified under preliminary and final notifications, were never the subject of an award in view of the fact that entire area had already developed into a fully developed locality rendering the implementation of the scheme impossible. 11. The petitioner's explanation of family disputes culminating in FDP proceedings in 2012 does not satisfactorily explain the delay of more than two decades in approaching this Court. Records also indicate that the petitioner's predecessor had executed unregistered agreement of sale, pursuant to which third parties came into possession. In these circumstances the petitioner's claim for compensation or, in alternative, TDR is wholly untenable and unsupported by any legal basis. For the foregoing reasons, the writ petition deserves to be dismissed, and accordingly this Court pass the following: ORDER The writ petition stands dismissed as devoid of merits. - 9 - HC-KAR NC: 2025:KHC:49459 WP No. 18237 of 2023 The original records are returned back to the learned counsel appearing for respondent Nos.3 to 8. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PSJ List No.: 1 Sl No.: 3