- 1 - HC-KAR NC: 2025:KHC:46315 WP No. 73 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.73 OF 2023 (LA-BDA) BETWEEN: M/S. PADMASHREE CHARITABLE TRUST HAVING ITS OFFICE AT SY NO.144 & 145, PADMASHREE CAMPUS, KOMMAGATTA, SULIKERE, KENGERI, BENGALURU-560060 BY ITS MANAGING TRUSTEE SRI T.K. NARAYANAPPA. …PETITIONER (BY SRI SHIVCHARAN R., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, 3RD FLOOR, BENGALURU-560001. 2. URBAN DEVELOPMENT SECRETARIAT SOUDHA BUILDING, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGALURU-560001. 3. BANGALORE DEVELOPMENT AUTHORITY BY ITS COMMISSIONER, T. CHOWDAIAH ROAD, KUMARAPARK WEST, BENGALURU-560020. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46315 WP No. 73 of 2023 4. LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T. COWDAIAH ROAD, KUMARAPARK WEST, BENGALURU-560020. …RESPONDENTS (BY SRI HARISHA A.S, AGA FOR R-1 & R-2; SRI B.S. SACHIN, ADVOCATE FOR R-3 & R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED AWARD NOTICES DATED 02.12.2022 VIDE LAC.NO.55/2011-12/2022-23 AND LAC NO.56/2011- 12/2022-23 PASSED BY THE RESPONDENT NO.4 AS PER ANNEXURES-G & H AND ETC. 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 approached this Court seeking to set aside the impugned award notices dated 02.12.2022 issued by respondent No.4 at Annexures-G and H and for a writ of mandamus directing respondent Nos.1 and 2 to take necessary action based on the recommendation made by respondent No.3 dated 16.12.2019 as per Annexure-E. - 3 - HC-KAR NC: 2025:KHC:46315 WP No. 73 of 2023 2. Heard Sri R. Shivcharan, learned counsel for the petitioner, Sri Harosja A.S., learned AGA for respondent Nos.1 and 2 and Sri B.S. Sachin, learned counsel for respondent Nos.3 and 4. 3. The petitioner claims to be the absolute owner of land bearing Sy. Nos.144 and 145 each measuring 04 acres situated at Kommaghatta Village, Kengeri Hobli, Bengaluru South Taluk. Respondent No.1 issued preliminary notification dated 12.12.2005 proposing to acquire 15 guntas of land from Sy. No.144 and 02 acres 10 guntas in Sy. No.145, which was followed by a final notification issued by respondent No.2 on 27.07.2011. The Executive Engineer (West) Nadaprabhu Kempegowda Division subsequently submitted a report recommending that an additional 16 guntas of land in Sy. No.144 was required to be acquired, and that only 01 acre 32 guntas of land was required to be notified in Sy. No.145 instead of 02 acres 10 guntas. - 4 - HC-KAR NC: 2025:KHC:46315 WP No. 73 of 2023 4. The respondent No.3-BDA addressed a letter to concerned officers of respondent Nos.1 and 2-authorities on 16.12.2019, requesting amendment and rectification of the notifications in respect of Sy. Nos.144 and 145, by including an additional 16 guntas of land in Sy. No.144 and reducing 18 guntas from Sy. No.145. 5. Learned counsel for the petitioner submits that the impugned award notices pertain to the schedule lands, including both the additional extent sought to be acquired and reduction of the notified area in Sy. No.145, which has adversely affected the petitioner. 6. Respondent No.1-State has filed a memo enclosing an endorsement dated 23.10.2025 issued by respondent No.1 addressing to respondent No.3, communicating that the request made in letter dated 16.12.2019 for amendment of the final notification cannot be considered. - 5 - HC-KAR NC: 2025:KHC:46315 WP No. 73 of 2023 7. Learned counsel for the petitioner submits that the endorsement dated 23.10.2025 has been issued pursuant to the order passed by this Court earlier on 24.07.2025, wherein the Government was directed to obtain instructions regarding the recommendation made by the BDA. 8. Be that as it may, since the recommendation made by the BDA has not been accepted by the Government, the petitioner is at liberty to challenge the order dated 23.10.2025, if so advised, in accordance with law. 9. It is seen that this Court granted an interim order on 12.04.2023, restraining the respondents from interfering with 16 guntas of unacquired land in Sy. No.144 till next date of hearing. In view of the subsequent endorsement dated 23.10.2025 issued by the Government, this Court deems it appropriate to grant interim protection, restraining the respondents from - 6 - HC-KAR NC: 2025:KHC:46315 WP No. 73 of 2023 interfering with 16 guntas of unacquired land of Sy. No.144 for a period of four weeks from the date of receipt of a certified copy of this order. 10. With the said observations, the writ petition stands disposed of. Sd/- ______________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 38