- 1 - HC-KAR NC: 2025:KHC:52429 WP No. 34324 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34324 OF 2025 (LA-BDA) BETWEEN: 1. SMT HEMA NAIDU W/O CANCACARAYALU NAIDU, AGED AT 71 YEARS, RESIDING AT NO.39/2, HENNUR MAIN ROAD, BENGALURU NORTH, KALYANANAGAR, BENGALURU, KARNATAKA - 560 043. 2. SHRI. THRIVIKRAM NAIDU, S/O CANCACARAYALU NAIDU, AGED ABOUT 46 YEARS, RESIDING AT NO.39/2, HENNUR MAIN ROAD, BENGALURU NORTH, KALYANANAGAR, BENGALURU, KARNATAKA - 560 043. …PETITIONERS (BY SRI. CLIFTON D’ ROZARIO, ADVOCATE FOR MS MAITREYI KRISHNAN.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001. 2. STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52429 WP No. 34324 of 2025 URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU - 560 001. 3. BANGALORE DEVELOPMENT AUTHORITY, REPRESENTED BY ITS CHAIRMAN, OFFICE OF THE BDA COMMISSIONER, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU 560 020. 4. ADDITIONAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU - 560 020. …RESPONDENTS (BY SRI. HARISHA A S., AGA FOR R1 AND R2; SRI. KARTHIKEYAN B S., ADVOCATE FOR R3 AND R4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 AND 4 TO REFER THE APPLICATION FILED BY THE PETITIONERS DATED 08.09.2025 AND 09.09.2025 (PLACED AS ANNX-Z AND ANNX-AA) TO THE COURT IN REGARD TO THE ENHANCEMENT OF THE COMPENSATION PAYABLE TO THE PETITIONERS 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 petitioners have approached this Court seeking a direction to respondent Nos.3 and 4 to refer their applications dated 08.09.2025 (Annexure-Z) and 09.09.2025 (Annexure-AA) to the jurisdictional reference - 3 - HC-KAR NC: 2025:KHC:52429 WP No. 34324 of 2025 Court for enhancement of compensation in respect of the acquired land. 2. Heard the learned counsel for the petitioners, learned Additional Government Advocate for respondent Nos.1 and 2 and Sri. Karthikeyan B.S., learned counsel for respondent Nos.3 and 4. 3. Learned counsel for the petitioners submits that pursuant to the liberty granted by this Court in WP.No.11008/2022, disposed of on 24.07.2025, the petitioners submitted applications seeking reference for enhancement of compensation. It is contended that despite such liberty and applications being filed, respondent Nos.3 and 4 have failed to take any steps to refer the matter to the reference Court, thereby compelling the petitioners to invoke the writ jurisdiction of this Court. 4. Per contra, learned counsel for respondent Nos.3 and 4 fairly submits that the applications submitted by the petitioners would be considered in accordance with law. - 4 - HC-KAR NC: 2025:KHC:52429 WP No. 34324 of 2025 5. This Court on 24.07.2025 in WP.No.11008/2022 passed the following order: "Learned counsel for petitioners files a memo seeking permission to withdraw the petition and would submit that the period spent during the pendency of the subject petition be condoned for the purpose of limitation, in the event, it would arise. 2. The memo reads as follows: "MEMO The Advocate for the petitioner seeks leave to withdraw the petition to avail statutory relief as available for enhancement of compensation or any other relief to which they are legally entitled to & condone the delay spent in appearing before the Court as time spent in prosecuting this petition in the interest of justice and equity". The memo is placed on record. In terms of the memo, the writ petition stands disposed as withdrawn and the concerned Authority would not take the period spent in this Court for the purpose of limitation and answer the petition on its merit, in the event the question of limitation arises." 6. This Court in the aforesaid writ petition granted liberty to the petitioners to avail statutory remedies and - 5 - HC-KAR NC: 2025:KHC:52429 WP No. 34324 of 2025 the period spent before this Court was directed not to be reckoned for the purpose of limitation, and in light of the order in WP.No.11008/2022, this Court is of the considered view that the application submitted by the petitioners requires consideration in accordance with law. 7. Learned counsel for the respondents places reliance on Section 18(3) of the Land Acquisition Act, 1894 (for short 'the Act'), contending that the remedy available to the petitioners is to approach the reference Court and that the question of limitation is required to be considered under the said provision. 8. This Court has considered the said contentions. However, in view of the liberty granted by this Court in WP.No.11008/2022, wherein it was specifically directed that the period spent before this Court shall not be reckoned for the purpose of limitation, the applications submitted by the petitioners are required to be answered on merits. The respondents cannot decline to act on the - 6 - HC-KAR NC: 2025:KHC:52429 WP No. 34324 of 2025 applications by placing reliance on Section 18(3) of the Act. 9. For the aforesaid reasons, this Court pass the following: ORDER i) The writ petition stands disposed of. ii) Respondent Nos.3 and 4 are directed to refer the matter to the jurisdictional reference Court as expeditiously as possible. iii) All the issues are left open to be considered by the jurisdictional reference Court in accordance with law. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 3