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2026 DAILYLAW 30295 (KAR)

SRI K T PRASANNA KUMAR v. THE STATE OF KARNATAKA

WA/707/2025 · 2026-07-22

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010299632025 NC: 2026:KHC:37654-DB WA No. 707 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 707 OF 2025 (LA-BDA) BETWEEN SRI. K.T. PRASANNA KUMAR, S/O DODDA THIMMARAYAPPA, AGED ABOUT 56 YEARS, R/AT KENCHANAPURA VILLAGE, SULIKERE POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060. ...APPELLANT (BY SRI. SUNDARESH H C.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, BENGALURU - 560 001. 2. COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMAR PARK, WEST, BENGALURU - 560 020. 3. THE SPECIAL LAND ACQUISITION OFFICER, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010299632025 NC: 2026:KHC:37654-DB WA No. 707 of 2025 BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMAR PARK, WEST, BENGALURU - 560 020. ...RESPONDENTS (BY SRI.M.N. SUDEV HEGDE, AGA FOR R1, SRI. G.V. CHANDRASHEKAR, SR. ADVOCATE FOR SRI.MURUGESH V.CHARATI, SR. ADVOCATE FOR R2 & R3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.14510/2018 DATED:20.12.2024 AND ALLOW THE PRAYER SOUGHT IN THE WRIT PETITION AND ETC., THIS APPEAL, COMING ON FOR FURTHER 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 common judgment and order dated 20.12.2024 passed by the Writ Court in W.P.No.50948/2016 and connected writ petitions. This writ - 3 - HC-KAR CNR: KAHC010299632025 NC: 2026:KHC:37654-DB WA No. 707 of 2025 appeal is filed by the appellant impugning the aforesaid judgment and order in W.P.No.14510/2018. 2. During the pendency of this appeal, an offer was made by the Bangalore Development Authority1, to allot the sites under the scheme of 50% developed land against the acquired land. The appellants have accepted the sites offered by the BDA as per their letter dated 15.07.2026. The sites offered by them are part of the said letter, which reads as under: "To Executive Engineer Nadaprabhu Kempegowda Layout BDA., Bengaluru From, G.R.Chandrashekar No.43/6, 14th Cross, 8th Main, Malleshwaram, Bangalore. Sir, I the undersigned would like to bring the following for your kind information and needful action please. The BDA, Bengaluru has acquired my land in Survey No.30 and 23/1, situated at Sulikere Village, Kengeri Hobli, Bangalore South Taluq for formation of PRR 1 "BDA" for short - 4 - HC-KAR CNR: KAHC010299632025 NC: 2026:KHC:37654-DB WA No. 707 of 2025 II (MAR), and for the acquired land a compensation will be given/awarded in the form of fully developed land/ plots in the ratio of 50:50 in the same Survey Number. For the above, I filed an appeal in Hon’ble High Court of Karnataka vide Writ Appeal No. WA 17 of 2025. In which, one of the affidavit filed by the BDA stated that, after formation of the said road in the acquired land, the leftover land will be utilized for Bus Depot. Hence the developed land/ site in the said survey number cannot be given. However, alternatively the compensation of developed land/plots will be given/ allotted in other survey numbers and proposed to allot different size/dimension plots in Survey No.23/2, 23/3, 32/1, 32/2, 32/3, 33/4, 33/5 and 32/6 of Sulikere Village. After hearing from both the parties, the Hon’ble Court has directed me to visit BDA West Division Office on 15.07.2026 and to verify the plan and other details and visit the proposed site and to inform BDA authorities about whether the allotment is acceptable or not. Accordingly, I visited the office on 15.07.2026, verified the plan, other details and discussed with BDA Authorities and also visited the site along with BDA authorities. On visit, I have noticed certain things. Though the said PRR (MAR) road formed by utilizing my land is passing through in my land, and the left over land has been earmarked for size/dimensions plots in an adjacent survey number of my land as compensation against the acquired land. My request has been accepted by BDA - 5 - HC-KAR CNR: KAHC010299632025 NC: 2026:KHC:37654-DB WA No. 707 of 2025 authorities and now they proposed/ offered the following plots and same is acceptable to me. The proposed plots details are as under:- For WA No.707 of 2025 Pertains to Survey No.58/02 (Now 58/10) of Kannahalli Village, Compensation Area 8385 Sq.ft. Sl. No. Survey No. Village Site Nos. Site Dimension Total Area Sqm. Total Area Sqf. Remarks 1. 23/ Sulikere B3-SL-4243 12 X 18 216 2325.02 2. 32/3&4 Sulikere B3-SL-4244/B Odd 209.45 2254.52 3. 32/1 Sulikere B3-SL-4339 9 X 12 108 1162.51 4. 32/1 Sulikere B3-SL-4340 9 X 12 108 1162.51 5. 32/1 Sulikere B3-SL-4341 9 X 12 108 1162.51 6. 15 Manganahalli B2-SD-539 6 X 9 54 581.25 TOTAL 8648.32 Compensation awarded 8385.00 Excess 263.32* *Amount for excess land 263.32 Sft. Will be paid by me. Thanking you Date: 15.07.2026 Place : Bengaluru Yours faithfully, Sd/- (K.T.PRASANNA KUMAR) Land owner" 3. In the sites offered to the appellants, there is an excess area of 263.32 square feet than they are entitled to under the said scheme and they are required to pay the value for the excess areas being given to them, for which the appellants are ready to pay. - 6 - HC-KAR CNR: KAHC010299632025 NC: 2026:KHC:37654-DB WA No. 707 of 2025 4. Considering the aforesaid facts and as the parties have settled the dispute and accepted the offer of the BDA for allotment of alternative sites to them, as mentioned, we dispose of the appeal in terms of the sites offered by the BDA, which are mentioned therein. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RR List No.: 2 Sl No.: 9.3 ct-vn