- 1 - HC-KAR NC: 2026:KHC:33886 WP No. 56116 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 56116 OF 2016 (LA-BDA) BETWEEN: 1. SRI. KRISHNAPPA S/O CHIKKATHIMMAIAH AGED ABOUT 65 YEARS R/AT BHIMANAKUPPE VILLAGE KENGERI HOBLI, BENGALURU SOUTH TALUK BANGALORE- 560017 2. SRI. KALAPPA S/O NANJAIAH AGED ABOUT 60 YEARS R/AT BHIMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK BANGALORE - 560071 3. SMT. NARASAMMA D/O CHIKKATHIMMIAH AGED ABOUT 74 YEARS R/AT BHIMANAKUPPE VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK BANGALORE-560017 …PETITIONERS (BY SRI. NARASIMHARAJU, ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33886 WP No. 56116 of 2016 DR. AMBEDKAR VEEDHI BANGALORE - 560001 2. THE BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY COMMISSIONER CHOWDAIAH ROAD KUMARA PARK (WEST) BANGALORE-560020 3. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY CHOWDAIAH ROAD BANGALORE-560001 …RESPONDENTS (BY SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1; SRI. G. LAKSHMSEESH RAO, ADVOCATE FOR RESPONDENT NOS.2 AND 3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACQUISITION PROCEEDINGS INITIATED BY THE RESPONDENT NOS.2 AND 3 FOR THE FORMATION OF NADA PRABHU KEMPEGOWDA AS PER THE PRELIMINARY NOTIFICATION DATED 21.05.2008 BEARING NO.BDA/COMMR/DC(LA)/ALAO/158/2008-2009 AS PER ANNEXURE-‘A’ AND ALSO FINAL NOTIFICATION DATED 18.02.2010 BEARING NO.UDD/51/MNX/2010 AS PER ANNEXURE-B IS LAPSED AND NOT VESTED IN THE AUTHORITY IN SO FAR AS THE CLAIM OF THE PETITIONERS ARE CONCERNED IN SY.NO.222/2 OF BHEMMANAKUPPE VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE MEASURING TO AN EXTENT OF 1 ACRE 22 GUNTAS AS PER SECTION 27 OF THE BDA ACT AND SECTION 24(2) OF THE LAND ACQUISITION ACT. - 3 - HC-KAR NC: 2026:KHC:33886 WP No. 56116 of 2016 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 sought for a declaration that the acquisition proceedings initiated by the respondent No.2 in terms of the preliminary notification bearing No.BDA/COMMR/DC(LA)/ALAO/158/2008-2009, Bangalore dated 21.05.2008 issued by the respondent No.2 and the final notification bearing No.UDD 51 MNX 2010, Bangalore dated 18.02.2010 issued by the respondent No.1 has lapsed in so far as it relates to the petitioners’ land in Sy. No.222/2 of Bheemanakuppe Village, Kengeri Hobli, Bengaluru South Taluk, measuring 01 Acre 22 guntas as per Section 27 of the Bangalore Development Authority Act, 1976 (for short, ‘the BDA Act’ and Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013. 2. The petitioners claim that the petitioner No.1 is the owner of the property bearing Sy. No.222/2 measuring 15.08 guntas. The petitioner No.2 is the owner of the property - 4 - HC-KAR NC: 2026:KHC:33886 WP No. 56116 of 2016 bearing Sy. No.222/2 measuring 31 guntas. Petitioner No.3 is the owner of the property bearing Sy. No.222/2 measuring 15 guntas. They claim to be in possession of their respective properties, which are situate adjacent to each other at Bheemanakuppe Village. It is stated that the entire land in Sy. No.222/2 is developed land and the petitioners have constructed their individual houses and have obtained electricity connections and residing therein. The Development Officer, Ramohalli issued khata in the names of the petitioners. The petitioners claim that the above lands owned by them were proposed for acquisition for the purpose of formation of Nadaprabhu Kempegowda Layout and in this regard, respondent No.2 issued a preliminary notification dated 21.05.2008 and the respondent No.1 issued a final notification dated 18.02.2010. The petitioners claim that the respondent authorities without conducting a spot inspection, proceeded to issue preliminary notification. They filed their objections inter alia contending that the entire area is developed and requested to drop the land in Sy. No.222/2 of Bheemanakuppe Village measuring 01 Acre 24 guntas from the acquisition proceedings. The Additional Land Acquisition Officer of the respondent No.2 - 5 - HC-KAR NC: 2026:KHC:33886 WP No. 56116 of 2016 issued an endorsement dated 19.08.2016 stating that the land bearing Sy. No.222/2 situate at Bheemanakuppe Village, Kengeri Hobli, Bengaluru South Taluk, measuring 01 acre 24 guntas has been acquired for the purpose of formation of Nadaprabhu Kempegowda Layout in terms of a preliminary notification and the final notification dated 18.02.2010 and since revenue sites are formed in the said land, no award is passed in respect of the said land. The petitioners contend that in view of the intimation dated 19.08.2016 issued by the Additional Land Acquisition Officer, it is clear that the respondent authorities have not passed the award within the stipulated time as per Section 11A of the Land Acquisition Act, 1894 and hence, the Scheme in respect of the subject land has lapsed. 3. The learned counsel for the petitioners reiterated the above contentions and submitted that the petitioners are entitled for exclusion of their respective lands from acquisition. 4. Per contra, the learned counsel for the respondent Nos.2 and 3 submitted that the acquisition of lands for formation of Nadaprabhu Kempegowda Layout is already - 6 - HC-KAR NC: 2026:KHC:33886 WP No. 56116 of 2016 upheld by the Division Bench of this Court in Bangalore Development Authority and another v. R. Shankaran and another in W.A No.1783/2014 disposed off on 22.02.2024 [2024 SCCOnline Kar 27144]. He submits that the Division Bench has permitted land losers to file appropriate representations before the respondent No.2 seeking exclusion of their respective lands on any ground mentioned therein and the respondent No.2 was directed to consider the representations in accordance with law. He, therefore, submits that the contentions urged in this petition are more or less academic and the challenge to the subject notifications be overruled. In view of the above submissions, since the acquisition of land for formation of ‘Nadaprabhu Kempegowda Layout’ is upheld by the Division Bench of this Court, it would be preposterous to again look into the vires of the acquisition. 5. Learned Additional Government Advocate adopted the submissions of the learned counsel for respondent Nos.2 and 3. 6. In view of the findings recorded by the Division Bench of this Court in W.A. No.1783/2014 (disposed off on - 7 - HC-KAR NC: 2026:KHC:33886 WP No. 56116 of 2016 22.02.2024), this Writ petition stands disposed off upholding the acquisition of the respective lands of the petitioners for the purpose of formation of ‘Nadaprabhu Kempegowda Layout’. If the petitioners are so advised, they may file necessary application(s) before the respondent No.2 seeking exclusion of their land on any of the grounds mentioned in the judgment dated 22.02.2024 passed by the Division Bench of this Court in W.A. No.1783/2014. Such application(s) may be filed within a month from the date of receipt of a certified copy of this order. The respondent Nos.2 and 3 shall consider such application(s) within three months from the date of receipt of the application(s). Until such consideration, the respondent Nos.2 and 3 shall not cause any harm to the possession of the petitioners in their respective properties. In case the petitioners are not entitled for exclusion of their land from acquisition, then the respondent No.2 shall allot 40% of developed land in lieu of cash compensation to the petitioners in respect of their respective holdings in Sy. No.222/2 of Bheemanakuppe Village, Kengeri Hobli, Bengaluru South Taluk, Bengaluru, measuring 01 Acre 22 guntas subject to the petitioners filing application(s) in that regard. The respondent - 8 - HC-KAR NC: 2026:KHC:33886 WP No. 56116 of 2016 No.2 shall consider allotting 50% of 40% of the developed land in one contiguous block within a period of three months from the date of receipt of the application(s) of the petitioners. Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 75