Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:47734-DB WA No. 485 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 485 OF 2025 (LA-BDA) BETWEEN:
1.
SRI. V. C. PUTTAPPA SON OF LATE CHIKKANNA AGED ABOUT 53 YEARS
2.
SRI. V.C SHANKRAPPA SON OF LATE CHIKKANNA AGED ABOUT 44 YEARS RESIDING AT VENKATAPURA GRAMA, JAKKASANDRA DHAKLE, BEGUR HOBLI, BENGALURU AND 560 034 …APPELLANTS (BY SRI. K.N.PHANINDRA SENIOR COUNSEL ALONG WITH SRI. ROHAN HOSMATH., ADVOCATE)
AND:
1.
STATE OF KARNATAKA VIDHANA SOUDHA AMBEDKAR BEEDHI BENGALURU-560001 REP. BY CHIEF SECRETARY
2.
BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA KRUPA ROAD BENGALURU- 560 020 REP. BY COMMISSIONER
Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:47734-DB WA No. 485 of 2025
3.
THE LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD KUMARA KRUPA WEST BENGALURU-560 020
4.
ASSISTANT COMMISSIONER, BANGALORE SOUTH TALUK KANDAYA BHAVAN, KEMPEGOWDA ROAD, AMBEDKAR VEEDHI BENGALURU - 560 001
5. TAHSILDAR, BANGALORE SOUTH TALUK KANDHAYA BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560 009
6.
SMT. VS ANJANAMMA D/O LATE CHIKKANNA AGED ABOUT 64 YEARS RESIDENTS OF VENKATAPURA GRAMA, JAKKASANDRA DHAKLE, BEGUR HOBLI, BENGALURU 560 034.
7.
SMT. SHANKARAMMA D/O LATE CHIKKANNA AGED ABOUT 59 YEARS RESIDENTS OF VENKATAPURA GRAMA, JAKKASANDRA DHAKLE, BEGUR HOBLI, BENGALURU 560 034 …RESPONDENTS (BY SRI. S.H.RAGHAVENDRA, AGA R1, R4 & R5)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP No- 9848/2017 (LA-BDA) DATED 12.02.2025 AND CONSEQUENTLY
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HC-KAR NC: 2025:KHC:47734-DB WA No. 485 of 2025
ALLOW THE WP OR PASS SUCH OTHER ORDER AS MAY BE NECESSARY IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ appeal has been filed impugning the
judgment and
order dated 12.02.2025 passed in W.P.No.9848/2017 (LA-BDA) by the learned Single Judge.
2. For the sake of convenience, the parties are referred to as per their rankings in the writ petition.
3. The petitioners, who are the grand children of one Dyava bin Muniya, claim to be the owners of the land admeasuring 4 acres 22 guntas in Survey No. 29 situated in Jakkasandra Village, Begur Hobli, Bengaluru. The land acquisition proceedings were undertaken in respect of the large chunk of lands including the said land by issuing
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HC-KAR NC: 2025:KHC:47734-DB WA No. 485 of 2025
preliminary notification dated 26.11.1959 and the final notification dated 28.09.1965, for the purpose of formation of Koramangala layout.
4. Learned counsel for the petitioners submit that predecessors in interest were issued re-grant order in respect of the said land on 24.07.1978. In the meantime, award was passed in respect of the said land for sum of ₹33,000/-. The writ petition came to be filed in the year 2017 questioning the acquisition which got completed way back on 28.09.1965.
5. Learned Senior Counsel appearing for the Treasury submits that however, there is no compensation deposited in respect of the said land.
5. We are of the considered view, that the writ petition itself suffers from gross delay and laches and it ought to have been dismissed on this ground.
However, considering the fact that compensation of ₹33,000/- was deposited as far back as on 12.01.1968, liberty is reserved
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HC-KAR NC: 2025:KHC:47734-DB WA No. 485 of 2025
to the petitioner to file an application for claiming disbursement of this compensation.
5. We find no merit in this appeal, which requires interference by this Court, which is why it is dismissed.
Sd/- (D K SINGH) JUDGE
Sd/- (TARA VITASTA GANJU) JUDGE
NG List No.: 1 Sl No.: 17