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2026 DAILYLAW 30018 (KAR)

SHANKARAPPA v. STATE OF KARNATAKA

WP/20391/2015 · 2026-06-24

R Nataraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31596 WP No. 20391 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 20391 OF 2015 (LA-KHB) BETWEEN: 1. SHANKARAPPA S/O CHIKKADODDAIAH AGED ABOUT 70 YEARS 2. S. APPANNAGOWDA S/O SHANKARAPPA AGED ABOUT 41 YEARS, 3. S. MUNIRAJU S/O SHANKARAPPA AGED ABOUT 38 YEARS, 4. S. SATHISH GOWDA S/O SHANKARAPPA AGED ABOUT 37 YEARS, 5. S. MUNEGOWDA S/O SHANKARAPPA AGED ABOUT 35 YEARS, 6. S. ADHISESHA S/O SHANKARAPPA AGED ABOUT 33 YEARS, ALL ARE R/O ALLALASANDRA VILLAGE, YELAHANKA HOBLI, BANGALORE NORTH TALUK BANGALORE-65. …PETITIONERS (BY SRI. SACHIN B.S., ADVOCATE) Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31596 WP No. 20391 of 2015 AND: 1. STATE OF KARNATAKA BY ITS SECRETARY HOUSING AND URBAN DEVELOPMENT AUTHORITY, VIKASA SOUDHA, BANGALORE-560001. 2. THE COMMISSIONER KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, BANGALORE-560009. 3. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD, CAUVERY BHAVAN, BANGALORE-560 001. 4. THE CHAIRMAN KARNATAKA HOUSING BOARD, 5TH FLOOR, CAUVERY BHAVAN, BANGALORE-560009. 5. TAHASILDAR BANGALORE NORTH ADDITIONAL YELAHANKA, BANGALORE-64. …RESPONDENTS (BY SRI. B.J.MAHESH, ADVOCATE FOR RESPONDENT NOS.2 TO 4; SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 5) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT IN VIEW OF SECTION 24(2) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 WHICH COMES INTO EFFECT ON 01.01.2014 THE PETITIONERS' SCHEDULE LAND WHICH IS SUBJECT MATTER OF ACQUISITION PROCEEDINGS INITIATED UNDER LAND - 3 - HC-KAR NC: 2026:KHC:31596 WP No. 20391 of 2015 ACQUISITION ACT, 1894 BY THE RESPONDENTS HAVE DEEMED TO BE LAPSED AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have challenged the notification bearing No. ಕಂ.ಇ 310 ಭೂಾ ೆ 90 dated 25.03.1991 issued by the respondent No.1 in respect of the land bearing Sy. No. 64/4 of Allalasandra Village, Yelahanka Hobli, Bengaluru North Taluk, measuring 1 Acre 7 guntas. 2. The aforesaid land was proposed for acquisition in terms of a preliminary notification dated 18.01.1989. The petitioners contend that even though a final notification was issued on 25.03.1991, the possession of the aforesaid land was not taken and no award was passed by the respondents. It is also contended that there is no housing Scheme sanctioned by the State Government. 3. The learned counsel for the petitioners submits that the contentions urged in this petition are no longer res integra - 4 - HC-KAR NC: 2026:KHC:31596 WP No. 20391 of 2015 in view of the order dated 29.05.2012 passed by a coordinate Bench of this Court in W.P No.9593/2007 and connected petitions, which was upheld by a Division Bench of this Court in W.A No.3469/2012 and connected appeals (disposed off on 26.11.2015). He, therefore, submits that the impugned notification is still born and hence, is liable to be set at nought. 4. The learned counsel for respondent Nos.2 to 4 and Additional Government Advocate for respondent Nos.1 and 5 do not dispute the fact that the acquisition by the respondent No.1 for the purposes of the respondent No.2 was set at nought by the coordinate bench of this Court in W.P. No.9593/2017 and connected petitions in terms of the order dated 29.05.2012, which was also upheld by a Division Bench of this Court in W.A No.3469/2012 and connected appeals (disposed off on 26.11.2015). 5. In that view of the matter, for the reasons mentioned in the order dated 29.05.2012 passed in W.P No.9593/2017 and connected petitions and in the judgment dated 26.11.2015 passed in W.A No.3469/2012 and connected appeals, this petition is allowed and the impugned notification - 5 - HC-KAR NC: 2026:KHC:31596 WP No. 20391 of 2015 bearing No. ಕಂ.ಇ 310 ಭೂಾ ೆ 90 dated 25.03.1991 issued by the respondent No.1 in so far as the land bearing Sy. No.64/4 of Allalasandra Village, Yelahanka Hobli, Bengaluru North Taluk, measuring 1 Acre 7 guntas, is quashed. If the name of the respondent Nos.2 to 4 - Karnataka Housing Board is entered in the revenue records relating to the aforesaid land, the same shall stand deleted and the names of the petitioners shall be restored. Sd/- (R. NATARAJ) JUDGE SMA/List No.: 1 Sl No.: 50