- 1 - HC-KAR NC: 2026:KHC:14166-DB WA No. 498 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 498 OF 2026 (LA-BDA) BETWEEN: 1. SRI LINGAIAH S/O. LATE LINGAIAH, AGED ABOUT 7O YEARS, R/AT NO.301, ESHAANYA 6TH MAIN, ITI LAYOUT, ACHUTH CLASSIC, MALLATHAHALLI, NAGARABHAVI II STAGE, BANGALORE SOUTH-560 056. (SENIOR CITIZENSHIP BENEFIT NOT CLAIMED) …APPELLANT (BY SMT. RAKSHITHA D J., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE-560 001 2. BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARAPARK WEST, BANGALORE-560 020. REPRESENTED BY ITS COMMISSIONER Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14166-DB WA No. 498 of 2026 3. SPECIAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARAPARK WEST, BANGALORE-560 020 4. ADDITIONAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARAPARK WEST, BANGALORE-560 020. …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH., AGA FOR R1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS IN WP NO.11302/2023 AND SET ASIDE THE ORDER DATED 16/12/2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.11302/2023, AND CONSEQUENTLY ALLOW THE WRIT PETITION, ETC. 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 MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the judgment and order dated 16.12.2025 passed by the writ Court in W.P.No.11302/2023 filed by the appellant. - 3 - HC-KAR NC: 2026:KHC:14166-DB WA No. 498 of 2026 2. The parties are referred to as per their ranking before the writ Court, for the sake of convenience. 3. The petitioner claims to be the owner of land in Survey No.91 situated at Bhimanakuppe Village, Kengeri Hobli, Bangalore South Taluk. According to the petitioner, in respect of the total extent of 35 guntas of land in the said survey number, preliminary and final notifications came to be issued for formation of "Nada Prabhu Kempe Gowda" Layout. The petitioner had already sold substantial part of the said land to the third parties i.e., prior to the notification under the Bangalore Development Authority Act, 1976 (for short 'the BDA Act') came to be issued for acquisition. The consent award dated 16.11.2019 was passed by the BDA for 18.08 guntas of land and the petitioner was awarded Rs.4,432/- per square feet of developed land and possession of the said land was taken under the mahazar. For the balance land, cash compensation award dated 15.03.2023 has been passed and statutory notice had been issued to the - 4 - HC-KAR NC: 2026:KHC:14166-DB WA No. 498 of 2026 petitioner. The petitioner had challenged the statutory notice dated 29.04.2023 before the writ Court. 4. The learned Single Judge having noticed the aforesaid fact, has rejected the ground taken by the petitioner that the scheme had lapsed under Section 27 of the BDA Act, inasmuch as substantial development has taken place in "Nada Prabhu Kempe Gowda" Layout for which the land was acquired. In respect of 18.08 guntas the consent award was passed and for remaining extent of land including 4.5 guntas retained by petitioner, the cash award has been passed. 5. We find no reason to interfere with the land acquisition proceedings and the impugned judgment and order dated 16.12.2025 passed by the learned Single Judge. The petitioner cannot now challenge the land acquisition proceedings on the ground that the scheme has got lapsed under Section 27 of the BDA Act, when substantial development has taken place in the layout for - 5 - HC-KAR NC: 2026:KHC:14166-DB WA No. 498 of 2026 which the land was acquired. After passing the award, the land vests in the BDA for which the possession notices have been issued. The petitioner has no ground to challenge the possession notice impugned in the writ petition. Therefore, we dismiss the writ appeal. 5. In view dismissal of the appeal, pending interim applications, if any do not survive for consideration, hence stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE NG CT: SN List No.: 1 Sl No.: 9