Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:33302 WP No. 31775 of 2025 C/W WP No. 31604 of 2025 WP No. 31749 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 31775 OF 2025 (LA-BDA) C/W WRIT PETITION NO. 31604 OF 2025 (LA-BDA) WRIT PETITION NO. 31749 OF 2025 (LA-BDA)
IN WP No. 31775/2025 BETWEEN:
SRI. NAGAMANGALAIAH S/O. LATE KENDANNA, AGED ABOUT 77 YEARS, R/AT BETTANAPALYA VILLAGE, KENGERI HOBLI, RAMOHALLI POST, BANGALORE SOUTH, BANGALORE-560060 …PETITIONER (BY SMT. RAKSHITHA D.J., ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, DR. B.R. AMBEDKAR ROAD, BANGALORE-560001 REPD. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT
2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARAPARK WEST, T. CHOWDAIAH ROAD, BANGALORE-560020
Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:33302 WP No. 31775 of 2025 C/W WP No. 31604 of 2025 WP No. 31749 of 2025
3. THE ADDL. LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, KUMARAPARK WEST, T. CHOWDAIAH ROAD, BANGALORE-560020 …RESPONDENTS (BY SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1;
SMT. POONAM PATIL, ADVOCATE FOR RESPONDENT NOS.2 AND 3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION DATED 21.04.2025 VIDE ANNEXURE-H IN TERMS OF ORDER PASSED BY THE DIVISION BENCH IN WA NO.1783/2014 AND CONNECTED MATTERS BY A COMMON ORDER DATED 22.02.2024 VIDE ANNEXURE-E AND ETC. IN WP NO. 31604/2025 BETWEEN:
SRI. VENKATESHAPPA S/O LATE KENDANNA, AGED ABOUT 75 YEARS, R/AT BETTANAPALYA VILLAGE, KENGERI HOBLI, RAMOHALLI POST, BANGALORE SOUTH, BANGALORE-560060 ...PETITIONER (BY SMT. RAKSHITHA D.J., ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, DR. B.R. AMBEDKAR ROAD, BANGALORE-560001 REPD. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT
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HC-KAR NC: 2026:KHC:33302 WP No. 31775 of 2025 C/W WP No. 31604 of 2025 WP No. 31749 of 2025
2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BANGALORE-560020
3. THE ADDL. LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BANGALORE-560020 ...RESPONDENTS (BY SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SRI.
VASANTHA, ADVOCATE FOR RESPONDENT NOS.2 AND 3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 04.04.2025 VIDE ANNEXURE-H IN TERMS OF ORDER PASSED BY THE DIVISION BENCH IN WA NO.1783/2014 AND CONNECTED MATTERS BY A COMMON ORDER DATED 22.02.2024 AT ANNEXURE-E AND ETC. IN WP NO. 31749/2025 BETWEEN:
SRI. THIMMAPPA S/O LATE KENDANNA AGED ABOUT 59 YEARS R/A BETTANAPALYA VILLAGE, KENGERI HOBLI, RAMOHALLI POST BANGALORE SOUTH, BANGALORE-560060 ...PETITIONER (BY SMT. RAKSHITHA D.J., ADVOCATE)
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HC-KAR NC: 2026:KHC:33302 WP No. 31775 of 2025 C/W WP No. 31604 of 2025 WP No. 31749 of 2025
AND:
1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, DR. B.R. AMBEDKAR ROAD, BANGALORE-560001 REPD. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT
2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BANGALORE-560020
3. THE ADDL. LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BANGALORE-560020 ...RESPONDENTS (BY SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1;
SRI. VASANTHA, ADVOCATE FOR RESPONDENT NOS.2 AND 3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION DATED 21.05.2025 VIDE ANNEXURE-H IN TERMS OF ORDER PASSED BY THE DIVISION BENCH IN WA NO.1783/2014 AND CONNECTED MATTERS BY A COMMON ORDER DATED 22.02.2024 AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
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HC-KAR NC: 2026:KHC:33302 WP No. 31775 of 2025 C/W WP No. 31604 of 2025 WP No. 31749 of 2025
ORAL ORDER
The petitioners in these writ petitions have sought for a writ in the nature of mandamus to direct respondent No.3 to consider the representations of the petitioners in all these petitions dated 21.04.2025, 21.05.2025 and 04.04.2025, in the light of the judgment passed by the Division Bench of this Court in W.A.No.1783/2014 and connected appeals. They have also sought for a writ in the nature of certiorari to quash the preliminary notification issued by respondent No.1 bearing No.BDA/COMMR/DC(LA)/ALAO/158/2008-2009 dated 21.05.2008 as well as the final notification bearing No.UDD.51.MNX2010 dated 18.02.2010 in so far as it relates to 13.5 guntas of land in Sy.No.189/2 in W.P.Nos.31775/2025 and 31749/2025 respectively and 13.8 guntas of land in Sy.No.189/2 in W.P.No.31604/2025 situate at Bheemanakuppe, Kengeri Hobli, Bengaluru South Taluk and to declare the scheme of acquisition for formation of Nadaprabhu Kempegowda Layout has lapsed on the ground that possession of the said properties is not taken. - 6 -
HC-KAR NC: 2026:KHC:33302 WP No. 31775 of 2025 C/W WP No. 31604 of 2025 WP No. 31749 of 2025
2. (i) The petitioners in all these petitions contend that they are the owners of land in Sy.No.189/2 of Bheemanakuppe Village, Kengeri Hobli, Bengaluru South Taluk measuring 13.5 guntas in W.P.Nos.31775/2025 and 31749/2025 and 13.8 guntas in W.P.No.31604/2025 respectively, which were notified for acquisition for formation of Nadaprabhu Kempegowda layout. The petitioner in all these petitions contend that the notifications issued by the State Government were quashed by a Co-ordinate bench of this Court, which was then assailed in W.A.No.1783/2014 and connected appeals, which were disposed off in terms of a common order dated 22.02.2024. (ii) The petitioners in these petitions are brothers who claim that the land in Sy.No.189/2 totally measures 03 acres 13 guntas, out of which, 26.8 guntas fell to the share of the petitioners in W.P.Nos.31775/2025 and 31604/2025 and 26.5 guntas fell to the share of petitioner in W.P.No.31749/2025. The respondent No.1 finally notified 01 acre 33 guntas and left out 01 acre 25 guntas from acquisition.
In an endorsement dated 31.01.2023 issued by the respondent No.1, it was
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HC-KAR NC: 2026:KHC:33302 WP No. 31775 of 2025 C/W WP No. 31604 of 2025 WP No. 31749 of 2025
specifically stated that as per the layout plan of Sy.No.189/2, 1 acre 25 guntas was not acquired, out of which 13 guntas each belonged to the petitioners in these petitions and the remaining extent of 26 guntas belonged to two other persons. It was stated that out of said 01 acre 25 guntas, an extent of 01 acre 18 guntas was not included in the preliminary notification, while the remaining 07 guntas, though included in the preliminary notification, was not included in the final notification. (iii) The petitioners in these petitions contend that representations were submitted seeking exclusion of their land from acquisition on the ground that it was fully built up and could not be integrated into the layout and therefore prayed for dropping the acquisition. Later, the Additional Land Acquisition Officer visited the spot and prepared a sketch showing the possession of the property as well as the development in the entire extent of 01 acres 22 guntas of land. Thus, after the
order was passed by the respondent No.3, a sketch was prepared, where it was clearly mentioned that the land in question was fully built up even at the time of issuance of the
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preliminary notification and that the petitioner and their family members are residing therein. (iv) The petitioner contends that without considering the representations seeking to drop the land from acquisition, respondent No.3 issued a notice calling upon the petitioners to submit an appropriate representation, claiming developed land, failing which an appropriate award would be passed. The petitioner further contends that respondent No.3 himself had issued an endorsement dated 05.10.2023, acknowledging the fact that 01 acre 22 guntas of land in Sy.No.189/2 was completely built up and that the petitioners and others were residing therein. The petitioners therefore contends that as the respondents have neither taken possession of the land nor passed appropriate orders granting compensation, the impugned notifications are liable to be quashed. Alternatively, the petitioners pray for a direction to the respondent No.3 to consider the representation of the petitioners in all these petitions dated 21.04.2025, 21.05.2025 and 04.04.2025 in terms of the order passed by the Division Bench of this Court in W.A.No.1783/2014 and connected appeals and to declare that
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HC-KAR NC: 2026:KHC:33302 WP No. 31775 of 2025 C/W WP No. 31604 of 2025 WP No. 31749 of 2025
the scheme for formation of Nadaprabhu Kempegowda layout has lapsed.
3.
Learned counsel for the petitioners in all these petitions reiterated the above contentions and prays to issue a direction to consider the representation of the petitioners in all these petitions.
4. The learned counsel for the respondents on the other hand contended that the validity of the notifications is already upheld by the Division Bench of this Court in W.A.No.1783/2014 and connected appeals. He contends that if the petitioners in these petitions have filed their representations seeking to extend the benefit granted to the appellants in W.A.No.1783/2014 and connected appeals, the same would be considered in accordance with law.
5. In that view of the matter, these writ petitions are allowed in part. The reliefs sought for by the petitioners in these petitions to quash the preliminary notification bearing No.BDA/COMMR/DC(LA)/ALAO/158 dated 21.05.2008 and the final notification bearing No.UDD.51.MNX2010 dated
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HC-KAR NC: 2026:KHC:33302 WP No. 31775 of 2025 C/W WP No. 31604 of 2025 WP No. 31749 of 2025
18.02.2010 is rejected. However, the respondent No.3 is
directed to consider the representations of the petitioners in these petitions dated 21.04.2025, 21.05.2025 and 04.04.2025 in the light of the judgment passed by the Division Bench of this Court in W.A. No.1783/2014 and connected appeals.
6. This shall be complied within a period of three months from the date of receipt of a copy of this order.
7. It is needless to mention that the until the representations are considered, the respondents shall not take any action either to damage or demolish or take any precipitative action against the petitioners' properties bearing Sy.No.189/2 of Bheemanakuppe Village, Kengeri Hobli, Bengaluru South Taluk.
Sd/- (R. NATARAJ) JUDGE
HJ List No.: 2 Sl No.: 7