- 1 - HC-KAR NC: 2026:KHC:34524 WP No. 52842 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 52842 OF 2014 (LA-BDA) BETWEEN: 1. SMT. MULAKATTAMMA W/O LATE SIDDAPPA AGED ABOUT 65 YEARS 2. SRI. CHANNEGOWDA S/O LATE SIDDAPPA AGED ABOUT 38 YEARS 3. SRI. HANUMANTHARAYAPPA S/O LATE SIDDAPPA AGED ABOUT 35 YEARS 4. SRI PRASANNA KUMAR S/O LATE SIDDAPPA AGED ABOUT 32 YEARS ALL ARE RESIDING AT GONGADIPURA KODIGEHALLI POST YESHAVANTHAPURA HOBLI BANGALORE NORTH TALUK …PETITIONERS (BY SRI. VINOD PRASAD, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY TO URBAN DEVELOPMENT DEPT. VIKASA SOUDHA BANGALORE-560001 Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34524 WP No. 52842 of 2014 2. BANGALORE DEVELOPMENT AUTHORITY BY ITS COMMISSIONER BDA COMPLEX KUMARA PARK WEST BANGALORE-560 020 …RESPONDENTS (BY SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SRI. AJAY KUMAR M., ADVOCATE FOR RESPONDENT NO.2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION IN NO.BDA/COMMR/DC(LA)/ALAO/158/2008-2009, BANGALORE DATED 21.05.2008 ISSUED BY AND ON BEHALF OF THE 2ND RESPONDENT VIDE ANNEXURE-D (STATED AS ANNEXURE-E IN THE PRAYER PORTION OF THE PETITION) TO THE WRIT PETITION AND THE FINAL NOTIFICATION IN NO.UDD 51 MNX 2010, BANGALORE, DATED 18.02.2010 VIDE ANNEXURE-E (STATED AS ANNEXURE-F IN THE PRAYER PORTION OF THE PETITION) TO THE WRIT PETITION IN SO FAR AS IT RELATES TO THE LANDS IN SY.NO.110 MEASURING TO AN EXTENT OF 1 ACRE 30 GUNTAS OF KODIGEHALLI VILLAGE, YESHAVANTHAPURA HOBLI, BANGALORE NORTH TALUK, BELONGING TO THE PETITIONERS OR IN ALTERNATIVE ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER REGARDING THE DENOTIFICATION, DENOTIFYING THE PETITIONER'S LAND IN SY.NO.110 MEASURING TO AN EXTENT OF 1 ACRE 30 GUNTAS OF KODIGEHALLI VILLAGE, YESHAVANTHAPURA HOBLI, BANGALORE NORTH TALUK, FROM THE PURVIEW OF LAND ACQUISITION PROCEEDINGS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:34524 WP No. 52842 of 2014 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have challenged the preliminary notification bearing No.BDA/COMMR/DC(LA)/ALAO/158/2008- 2009, Bangalore dated 21.05.2008 issued by the respondent No.2 under Section 17(1) and (3) of the Bangalore Development Authority Act, 1976 (for short, 'the BDA Act') and the final notification bearing No.UDD 51 MNX 2010, Bangalore dated 18.02.2010 issued by the respondent No.1 under Section 19(1) of the BDA Act in respect of the land bearing Sy. No.110 of Kodigehalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk, measuring 01 acre 30 guntas. Alternatively, the petitioners seek for a writ in the nature of mandamus directing the respondents to consider de-notifying the above land from acquisition. 2. Petitioners claim that they are the owners of the land bearing Sy. No.110 of Kodigehalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk, measuring 01 acre 30 guntas. They contend that due to a bereavement in the family over the death of the husband of petitioner No.1 and the - 4 - HC-KAR NC: 2026:KHC:34524 WP No. 52842 of 2014 father of petitioner Nos. 2 to 4, they could not devote any attention regarding the acquisition of their land by the respondent No.2, who issued a preliminary notification dated 21.05.2008, proposing to acquire their lands for formation of Sri Nadaprabhu Kempegowda Layout. They contend that in the notification so issued, their names were not mentioned in respect of the land in Sy. No.110 but the name of the husband of the petitioner No.1 was mentioned. They, therefore, contend that they did not have an opportunity to file their objections. The respondent No.1 thereafter issued a final notification dated 18.02.2010 declaring its intent to acquire the said land for formation of Sri Nadaprabhu Kempegowda Layout. Petitioners contend that out of 4814 acres and 15 guntas of land that was proposed for acquisition, the final notification was issued by the respondent No.1 only in respect of 4043 acres and 27 guntas. They contend that out of the aforesaid extent, the owners of 2943 acres of land did not object to the acquisition and all of them agreed to receive 40% of the developed land. However, objections were filed in respect of 1717 acres and 01 gunta only. Petitioners contend that several parcels of land were excluded from acquisition on various grounds. Petitioners claim - 5 - HC-KAR NC: 2026:KHC:34524 WP No. 52842 of 2014 that their land is similarly placed like the other lands that were excluded from acquisition. The petitioners, therefore, have challenged the preliminary notification and final notification dated 21.05.2008 and 18.02.2010 respectively, issued by the respondent No.2 and the respondent No.1 respectively. They have sought for an alternate relief to exclude their land from acquisition. 3. The learned counsel for the petitioners submits that though the petitioners initially did not oppose the acquisition, but now are advised to challenge the acquisition since large portions of land, which are similarly situated as that of the land of the petitioners, are excluded from acquisition. He, therefore, contends that a direction be issued to the respondents to consider the representations filed by the petitioners on 19.06.2014 and 08.07.2014 in the light of the judgment of the Division Bench of this Court in W.A No.1783/2014 and connected writ appeals (disposed off on 22.02.2024). 4. The learned counsel for the respondent No.2 submits that the acquisition of lands for formation of Sri Nadaprabhu Kempegowda Layout was upheld by the Division - 6 - HC-KAR NC: 2026:KHC:34524 WP No. 52842 of 2014 Bench of this Court in W.A No.1783/2014 and connected writ appeals and the land losers, who had complained of discrimination in the process of acquisition were directed to file appropriate representations before the respondent No.2, who was directed to consider the representations taking into account the developments undertaken in the acquired lands prior to the preliminary notification and pass appropriate orders. He, therefore, contends that the respondent No.2 may be directed to consider the said representations of the petitioners on similar lines as held by the Division Bench of this Court in W.A. No.1783/2014 and connected writ appeals. 5. In view of the above, this petition is allowed in part. The challenge to the acquisition of the land bearing Sy. No.110 of Kodigehalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk, measuring 01 acre 30 guntas by the respondent No.2 for formation of Sri Nadaprabhu Kempegowda Layout is rejected in view of the reasons stated in judgment dated 22.02.2024 passed by the Division Bench of this Court in Writ Appeal No.1783/2014 and connected writ appeals. However, the representations of the petitioners dated - 7 - HC-KAR NC: 2026:KHC:34524 WP No. 52842 of 2014 19.06.2014 and 08.07.2014 shall be considered by the respondent No.2 as directed by the Division Bench of this Court in W.A No.1783/2014 and connected writ appeals. In order to enable the respondent No.2 to expeditiously consider the representations of the petitioners, they shall file a copy of the said representations along with the necessary documents before the respondent No.2 within one month from the date of receipt of a certified copy of this order and the respondent No.2 shall take a decision on the representations within a period of two months thereafter. Until then, the respondent No.2 shall not take any precipitative action in so far as the land bearing Sy. No.110 of Kodigehalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk, belonging to the petitioners measuring 1 acre 30 guntas, is concerned. Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 6