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High Court of Karnataka · body

2025 DAILYLAW 81945 (KAR)

SRI VISHWANATHA SHRIYAN v. STATE OF KARNATAKA

WP/26621/2023 · 2025-08-19

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26621 OF 2023 (LA-BDA) C/W WRIT PETITION NO. 26821 OF 2023 (LA-BDA) WRIT PETITION NO. 6343 OF 2024 (LA-BDA) IN WP No. 26621/2023 BETWEEN: 1. SRI VISHWANATHA SHRIYAN S/O PARAMESHWAR SHRIYAN AGED 57 YEARS, R/AT NO.18, VASUDHA, SHRISHTI APARTMENT, 3RD CROSS, NEAR MORE SUPER MARKET MPM LAYOUT, NAGARABHAVI 2ND STAGE, BANGALORE-560056 2. SRI RAJEEVA MOGAVEERA S/O PARAMESHWAR SHRIYAN AGED 61 YEARS, R/AT SITE NO.30A (IN SY. NO. 31/2) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK-560074. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 3. SMT. RAJEENA NEWTON W/O K.A NEWTON, AGED 44 YEARS, R/AT SITE NO. 32A (IN SY. NO. 31/2) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK-560074. 4. SRI RENUKA N S/O NAGAMANGALAIAH, AGED 47 YEARS R/AT SITE NO. 32B, (IN SY. NO. 31/2) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK-560074. 5. SRI KADARAPPA S/O LATE NARASIMHAIAH, AGED 58 YEARS, R/AT SITE NO. 33 (IN SY. NO. 31/2) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK-560074. 6. SMT GEETHA M W/O KADARAPPA, AGED 51 YEARS, R/AT SITE NO. 34 AND 35 (IN SY. NO. 31/2) - 3 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK-560074. 7. SMT S.J REKHA W/O Y.C NARAYAN, AGED 38 YEARS, R/AT SITE NO. 36 WRONGLY REGISTERED AS SITE NO. 33) (IN SY. NO. 31/2) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK-560074. 8. SMT SARITHA DAVID W/O SRI DAVID AGED 48 YEARS, R/AT SITE NO. 38 (IN SY. NO. 31/2) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK-560074. …PETITIONERS (BY SRI. M.V. SHESHACHALA, SENIOR ADVOCATE FOR SRI. ARAVIND V. CHAVAN, ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, - 4 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 M.S. BUILDING, BANGALORE-560001 REP. BY ITS SECRETARY. 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU-560020. 3. THE DEPUTY COMMISSIONER (LAND ACQUISTION) BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU-560020. 4. THE ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU-560020. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. K. KRISHNA, ADVOCATE FOR R2 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) DIRECTING THE R3 AND 4 TO PRODUCE THE SURVEY RECORDS IN RESPECT OF SY. NO. 31/2, MEASURING 1 ACRES 10 GUNTAS, AT BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE - 5 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 SOUTH TALUK SHOWING DEVELOPMENT OF THE AREA WITH STRUCTURES AND ETC. IN WP NO. 26821/2023 BETWEEN: 1. SRI VISHWANATHA SHRIYAN S/O PARAMESHWAR SHRIYAN AGED 57 YEARS R/AT NO 18, VASUDHA SHRISTHI APARTME2NT 3RD CROSS, NEAR MORE SUPER MARKET, MPM LAYOUT, NAGARBHAVI 2ND STAGE BANGALORE 560056 2. SRI. RAMESH MARAKALA S/O NARASIMHA KOTYAN AGED 54 EYTARS R/AT VP KATHA NO.1, (IN SY NO 32/3) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK 560074 3. SMT VANITHA W/O JAGADISH B G AGED 32 YEARS PURHCASED FROM MRS MARY ANNIE FRANCIES R/AT VIP KATHA NO 2 (IN SY NO 32/3) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK 560074 - 6 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 4. DAVID V A SINCE DECEASED REP BY HIS LRS MRS PHILOMENA DAVID W/O LATE DAVID V A AGED 67 YEARS 5. MRS. MARY SNEHA DAVID D/O LATE DAVID V A AGED 41 YEARS 6. MR. ANDREW SWARAN DAVID S/O LATE DAVID V A AGED ABOUT 38 YEARS REP. BY GPA HOLDER (MOTHER) MRS PHILOMENA DAVID PETITIONERS NO.4 TO 6 ARE R/AT VP KATHA NO 3 (IN SY NO 32/3) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK 560074 7. MR BENEDICT RICHMAN S/O LATE S RICHMAN AGED 62 YEARS GIFTED BY MRS MARY MARGARET R/AT VP KATHA NO 4 (IN SY NO 32/3) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK 560074 - 7 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 8. SRI B N JAYAKUMAR S/O LATE B. NARAYANA AGED 54 YEARS PURCHASED FROM MRS ROSY EDWARS R/AT VP KATHA NO 5 (IN SY NO 32/3) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK 560074 9. SMT SHILPA NAGARAJU W/O NAGARAJU D AGED 32 YEARS PURCHASED FROM SMT LALITHA R/AT VP KATHA NO 6 (IN SY NO 32/3) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK 560074 10. MR ERIC RICHMAN S/O LATE RICHMAN AGED 56 YEARS GIFTED BY MRS MARY MARGARET R/AT VP KATHA NO 7 (IN SY NO 32/3) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK 560074 11. MRS TUSHARA ERIC W/O ERIC RICHMAN, AGED 46 YEARS, - 8 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 GIFTED BY MRS MARY MARGARET R/AT VP KATHA NO 7 (IN SY NO 32/3) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGLAORE SOUTH TALUK-560074. 12. SRI MAHESH S/O T GANGAIAH, AGED 46 YEARS, PURCHASED FROM K S VIDYA R/AT VP KATHA NO 8 (IN SY NO 32/3) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK-560074. 13. SRI SHANKAR G S/O S GANESH, AGED 37 YEARS, PURCHASED FROM SMT LAKSHMIDEVI R/AT VP KATHA NO 9 (IN SY NO 32/3) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK-560074. 14. SMT ELSAMMA GAUR W/O DURGASHANKAR GAUR, AGED 69 YEARS, R/AT VP KATHA NO 10 (IN SY NO 32/3) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK-560074. - 9 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 15. MR DAVID PINTO PETER S/O C PETER, AGED 46 YEARS, R/AT VP KATHA NO 11 (IN SY NO 32/3) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK-560074. REP BY HIS GPA HOLDER MR DANIEL DENSON PETER 16. SRI M S NANDAKUMAR S/O MUNISANJEEVAIAH, AGED 39 YEARS, R/AT VP KATHA NO 12 (IN SY NO 32/3) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK-560074. 17. SRI. M.S. PRASHANTH KUMAR S/O MUNISANJEEVAIAH AGED 36 YEARS R/AT VP KATHA NO.13 (IN SY. NO.32/3) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK - 560074 18. SMT. RAMYA A. NARAYANA W/O SRI. SHESHADRI AGED 44 YEARS R/AT VP KATHA NO.14, (IN SY. NO.32/3) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, - 10 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 KENGERI HOBLI, BANGALORE SOUTH TALUK - 560074 19. SRI PRAKASH KUMAR SHETTY S/O H RAJEEV SHETTY AGED 52 YEARS, R/AT VP KATHA NO.16, (IN SY. NO.32/3) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK - 560074 REP BY HIS GPA HOLDER SRI GANESH KUMAR SHETTY 20. SMT. SHANTHALA W/O VISHWANATH SHRIYAN AGED 47 YEARS R/AT VP KATHA NO.17,18,19 AND 20 (IN SY. NO.32/3) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK - 560074 21. SRI S VASUDEVA KURUP S/O LATE SRIDHARA KURUP AGED 60 YEARS R/AT VP KATHA NO.21 (IN SY. NO. 32/3) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK - 560074 22. SMT. ANITHA G NAIR W/O S VASUDEVA KURUP - 11 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 AGED 52 YEARS R/AT VP KATHA NO.21 (IN SY. NO.32/3) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK - 560074 23. MR. GREGORY J A RICHMANN S/O SIMON RICHMAN AGED 58 YEARS R/AT VP KATHA NO.22 (IN SY. NO.32/3) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK - 560074 24. MRS. RAJEENA NEWTON W/O NEWTON K.A. AGED 44 YEARS R/AT VP KATHA NO.23 AND 24 (IN SY. NO. 32/3) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK - 560074 25. SRI VIJAYAKUMAR M S/O LATE MAYANNA AGED 35 YEARS, R/AT VP KATHA NO.25 (IN SY. NO.32/3) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK - 560074 - 12 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 26. SRI RAMESH BANGERA S/O MALINGA BANGERA AGED 52 YEARS, R/AT VP KATHA NO.27 (IN SY. NO.32/3) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK - 560074 27. SRI VINOD KOTAIN S/O SOORU KOTAIN AGED 58 YEARS R/AT VP KATHA NO.28 (IN SY.NO.32/3) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK – 560074 ...PETITIONERS (BY SRI. M.V. SHESHACHALA M.V., SENIOR ADVOCATE FOR SRI. ARAVIND V. CHAVAN, ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT M S BUILDING BANGALORE 560001 REP BY ITS SECRETARY 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560020 - 13 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 3. THE DEPUTY COMMMISSIONER OF LAND ACQUISITION BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU 560020 4. THE ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU 560020 ...RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. K. KRISHNA, ADVOCATE FOR R2 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) DIRECTING THE R3 AND R4 TO PRODUCE THE SURVEY RECORDS IN RESPECT OF SY. NO. 32/3, MEASURING 2 ACRES 19 GUNTAS, AT BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK SHOWING DEVELOPMENT OF THE AREA WITH STRUCTURES AND ETC. IN WP NO. 6343/2024 BETWEEN: 1. SRI JAYARAM MARAKALA S/O SRI. NARASIMHA KOTIAN AGED ABOUT 56 YEARS R/AT PAVAMANA NILAYA NO.10 (182), AARALI MANE ROAD, KAMAKSHIPALYA BANGALORE 560 079 - 14 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 2. SMT. A.C. RAJALAKSHMI W/O SRI. K. PADMANABHAN AGED 62 YEARS R/AT SITE NO.39 (IN SY.NO.31/1) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK 560 074 3. SMT. K. GULABI W/O SRI. SANJEEVA BANGEERA AGED 63 YEARS R/AT SITE NO. 40, (IN SY. NO. 31/1) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK 560 074 4. SRI. SRINIVAS H S/O SRI. HONNAREDDY AGED 39 YEARS PURCHASED FROM SRI MAHADEVAN R/AT SITE NO. 41, (IN SY. NO. 31/1) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK 560 074 5. MRS. K.A. NEWTON W/O K.J. ANJELOSE AGED 53 YEARS - 15 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 PURCHASED FROM SRI GOPALAIAH H B R/AT SITE NO. 42, (IN SY.NO. 31/1) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK 560 074 6. MRS. KANNIKA P SHETTY W/O MR. PRAKASH KUMAR SHETTY AGED 44 YEARS R/AT SITE NO. 43 (IN SY.NO. 31/1) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK 560 074 REP BY GPA HOLDER SRI. PRABHAKAR SHETTY 7. SRI. ROHIT UPADHYAY S/O SRI H D UPADHY AGED 49 YEARS R/AT SITE NO. 45 IN SY. NO. 31/1 EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK 560 074 8. SMT. M.A MEENA W/O SRI. RAMAKRISHNAN AGED 61 YEARS R/AT SITE NO. 46 (IN SY.NO.31/1) - 16 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK 560 074 9. SRI. MANJUNATH BUTARLAGHATTA CHANNAPPA S/O SRI. C.M. NEERALAGI AGED 48 YEARS R/AT SITE NO. 47 (IN SY.NO. 31/1), EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK 560 074 10. SRI. NAGAMANGALAIAH S/O LATE KENDANNA AGED 73 YEARS PURCHASED FROM SMT. SHAMBHAVI K R/AT SITE NO. 48 (IN SY. NO. 31/1) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK 560 074 11. SRI. M.R. HARISHANKER S/O SRI. M.S. RAVINDRAN AGED 47 YEARS R/AT SITE NO. 49 (IN SY. NO. 31/1), EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK 560 074 - 17 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 12. SMT. LAKSHMY SUKUMARAN W/O SRI. M.R. HARISHANKAR AGED 42 YEARS R/AT SITE NO.49 (IN SY.NO. 31/1) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK 560 074 13. SMT. BINDU D D/O SRI. DAMODAR SHENOY AGED 48 YEARS R/AT SITE NO 50 (IN SY. NO. 31/1) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK 560 074 14. SMT. MAMATHA K R W/O SRI. PRAKASH K V AGED 35 YEARS PURCHASED FROM SMT. SHANTHALA T N RA/T SITE NO. 51 (IN SY. NO. 31/1) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK 560 074 15. SRI. N. SRINIVAS S/O LATE NARASIMHAIAH AGED 48 YEARS - 18 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 PRUCHASED FROM MRS. MARY ANTONY AND MR. ANTONY GEORGE ALBERY R/AT SITE NO. 52(IN SY.NO. 31/1) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK 560 074 16. SMT. LAKSHMI W/O SRI. RAJA E AGED 47 YEARS PURCHASED FROM MR. G. BHASKAR RA/T SITE NO. 53, (IN SY.NO. 31/1) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK 560 074 17. SRI MANJUNATH S/O SRI MUTHAIAH AGED 37 YEARS RA/T SITE NO. 54 (IN SY. NO. 31/1) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK 560 074 18. MR. PETER PALANI M S/O MR. MARIYAPPA AGED 53 YEARS PURCHASED FROM MRS. MABLE VIEGAS R/AT SITE NO. 55 (IN SY. NO. 31/1 - 19 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK 560 074 19. MRS. MARY MADHU W/O MR. PETER PALANI M AGED 52 YEARS PURCHASED FROM MRS. MABLE VIEGAS R/AT SITE NO 56 (IN SY. NO. 31/1) EDEN GARDEN LAYOUT BHEEMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK 560 074 20. SRI.SATHYANARAYANA THIRTHAHALLI NAGAPPA S/O T NAGAPPA AGED 54 YEARS, PURCHASED FROM SRI. SHASHIDHAR, R/AT SITE NO.57, (IN SY.NO.31/1) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK 560074 21. SRI. SATHYANARAYANA S/O SRI. T NAGAPPA, AGED 51 YEARS, R/AT SITE NO.58. (IN SY.NO.31/1) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, - 20 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 BANGALORE SOUTH TALUK 560074 22. SMT FRANCINA MEERA W/O SRI. GEORGE, AGED 60 YEARS, PURCHANSED FROM SMT. JOVITHA NALINI AND SRI. LESLEY LAWRENCE, R/AT SITE NO.59, (IN SY.NO.31/1) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK 560074 23. SMT. SUJATHA H B W/O SRI. JAYARM MARAKALA AGED 51 YARS, GIFTED FROM SRI. JAYARAM MARAKALA R/AT SITE NOS. 60 AND 61 (IN SY.NO.31/1) EDEN GARDEN LAYOUT, BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK 560074 ...PETITIONERS (BY SRI. M.V. SHESHACHALA, SENIOR ADVOCATE FOR SRI. NAGHARISH G.S., ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT M.S. BUIDLING BANGALORE 560 001 REP BY ITS SECRETARY - 21 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU 560 020 3. THE DEPTY COMMISSIONER (LAND ACQUISITION) BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU 560 020 4. THE ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU 560 020 ...RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. K. KRISHNA, ADVOCATE FOR R2 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DTD 21.05.2008 BEARING NO. BDA/COMMR/DC(LA)/ALAO/158/2008-09 ANNEXURE-E PASSED BY R-2 AND FINAL NOTIFICATION DTD 18.02.2010 BEARING NO. UDD 51 MNX 2010 ANNEXURE-E1 AS NO AWARD HAS BEEN PASSED NOR ACTUAL PHYSICAL POSSESSION TAKEN IN RESPECT OF SY NO. 31/1, MEASURING 28 GUNTAS AND ETC. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 22 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court, seeking the following prayer: "In W.P.No.26621/2023: a. Issue a writ of mandamus directing the respondents 3 and 4 to produce the survey records in respect of Sy.No.31/2, measuring 1 acres 10 guntas, at Bheemanakuppe Village, Kengeri Hobli, Bangalore South Taluk showing development of the area with structures. b. Issue a Writ of certiorari to quash the award dated 07.11.2023 bearing No.BDA/DC(LA)Award/A- 1282/2023-24 Annexure-J passed by third respondent and preliminary notification dated 21.05.2008 bearing No.BDA/COMMR/DC(LA)/ALAO/158/2008-2009 Annexure-F passed by second respondent and final notification dated 18.02.2010 bearing No. UDD 51 MNX 2010 Annexure-F1 passed by first respondent. c. Issue such other Writ or direction as this Hon'ble Court deem fit to grant in the facts and circumstances of the present case." In W.P.No.26821/2023: a. Issue a writ of mandamus directing the respondents 3 and 4 to produce the survey records in respect of Sy.No.32/3, measuring 2 acres 19 guntas, at Bheemanakuppe Village, Kengeri Hobli, Bangalore South Taluk showing development of the area with structures. - 23 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 b. Issue a Writ of certiorari to quash the award dated 04.11.2023 bearing No. Land Acquisition Case No.641/2009-10 Annexure-J passed by fourth respondent and preliminary notification dated 21.05.2008 bearing No.BDA/COMMR/DC(LA)/ALAO/158/2008-2009 Annexure-F passed by second respondent and final notification dated 18.02.2010 bearing No. UDD 51 MNX 2010 Annexure-F1 passed by first respondent. c. Issue such other Writ or direction as this Hon'ble Court deem fit to grant in the facts and circumstances of the present case. In W.P.No.6343/2024: a. Issue a writ of certiorari to quash the preliminary notification dated 21.05.2008 bearing No.BDA/COMMR/DC(LA)/ALAO/158/2008-2009 Annexure-E passed by second respondent and final notification dated 18.02.2010 bearing No. UDD 51 MNX 2010 Annexure-E1 as no award has been passed nor actual physical possession taken in respect of Sy.No.31/1, measuring 28 guntas. b. Issue a writ of mandamus or such other writ declaring that the Sy.No.31/1, measuring 28 guntas is lapsed u/s. 27 of the BDA Act, as no physical possession and award as taken place despite the lapse of 13 years. c. Issue such other Writ or direction as this Hon'ble Court deem fit to grant in the facts and circumstances of the present case. 2. Heard Sri. M.V. Sheshachala, learned Senior counsel appearing for the petitioners, Sri. Spoorthy Hegde N., learned HCGP appearing for respondent No.1, Sri. K. Krishna, - 24 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 learned counsel appearing for respondent Nos.2 to 4 in all these cases and have perused the material on record. 3. Learned Senior counsel appearing for the petitioners would restrict his prayer for the present to consider the application so filed by the petitioners, which has represented to the respondents or would be representing to the respondents with regard to benefit of Section 38D of the Bangalore Development Act, 1976 ('the Act' for short) being rendered to these petitioners. 4. Learned counsel appearing for respondent Nos.2 to 4, Sri. K. Krishna would not object to the consideration of the said application, strictly in consonance with law, as obtaining under Section 38D of the Act. 5. Learned Senior counsel submits that insofar as the first petitioner is concerned, the BDA has issued notice to the respondent way back in the year 2008. The BDA while considering the application, as directed hereinabove, shall also - 25 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 consider the notice so issued and its legal purport at the time of passing the order. 6. In that light, without going into the merit of the claim of these petitioners, I deem it appropriate to direct or permit the petitioners to submit their representation/application to the respondents, as obtaining under Section 38D of the Act. 7. In the event the said representation/application is submitted in the next four (4) weeks, the BDA will consider the same and pass necessary orders, in accordance with law, within six (6) months from the date of receipt of a copy of this order, if not earlier. 8. Till the consideration of the application as directed hereinabove, the respondent BDA shall not precipitate the matter qua the properties of the petitioner. 9. The parties to maintain status quo with regard to the nature of the property, as obtaining today. - 26 - HC-KAR NC: 2025:KHC:32010 WP No. 26621 of 2023 C/W WP No. 26821 of 2023 WP No. 6343 of 2024 With the aforesaid observations, these petitions stand disposed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 3