- 1 - HC-KAR NC: 2026:KHC:1060-DB WA No. 351 of 2024 C/W WA No. 817 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 351 OF 2024 (LA-KIADB) C/W WRIT APPEAL NO. 817 OF 2024 (LA-KIADB) IN WA No. 351/2024 BETWEEN: 1. M/S BANGALORE METRO RAIL CORPORATION LIMITED 3rd FLOOR, B M T C COMPLEX, K H ROAD, SHANTINAGAR , BANGALORE 560 027 REPRESENTED BY ITS GENERAL MANAGER (LA AND E) SRI. M S CHANNAPPAGOUDAR, …APPELLANT (BY SRI. HARISH N N.,ADVOCATE) AND: 1. SMT N A HEMAVATHI AGED ABOUT 50 YEARS, D/O SRI. N H ANANTHA REDDY, 2. SMT. N A NALINA AGED ABOUT 45 YEARS D/O SRI. N H ANANTHA REDDY, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1060-DB WA No. 351 of 2024 C/W WA No. 817 of 2024 3. SMT. M KAVITHA AGED ABOUT 43 YEARS, D/O SRI. N H ANANTHA REDDY R-1 TO R-3 ARE REPRESENTED BY THEIR GENERAL POWER OF ATTORNEY HOLDER SRI. N H ANANTHA REDDY, NO.668, 14th CROSS, 14th MAIN, J P NAGAR, 2nd PHASE, BANGALORE 560 078 4. THE SPECIAL LAND ACQUISITION OFFICER KIADB (METRO RAIL PROJECT) KIADB OFFICE, NO.14/3 MAHARSHI ARAVIND BHAVAN 1st FLOOR, NRUPATHUNGA ROAD, BANGALORE 560 001 5. THE ASSISTANT DIRECTOR OF LAND RECORDS BANGALORE EAST TALUK K R PURAM EAST, BANGALORE …RESPONDENTS (BY SRI. Y K NARAYANA SHARMA., ADVOCATE FOR R1 - R3; SRI. P.V.CHANDRASHEKAR, ADVOCATE FOR R4; SRI. M.N.SUDEV HEGDE, AGA FOR R5) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR RECORDS PERTAINING TO THE ORDER DATED 28.08.2023 PASSED IN WP No-14829/2021 AND SET ASIDE THE ORDER DATED 28.08.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-14829/2021 TO MEET THE ENDS OF JUSTICE. - 3 - HC-KAR NC: 2026:KHC:1060-DB WA No. 351 of 2024 C/W WA No. 817 of 2024 IN WA NO. 817/2024: BETWEEN: 1. THE SPECIAL LAND ACQUISITION OFFICER KIADB(METRO RAIL PROJECT) KIADB OFFICE, NO.14/3, MAHARSHI ARAVIND BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BANGALORE - 560001. ...APPELLANT (BY SRI. P V CHANDRASHEKAR., ADVOCATE) AND: 1. SMT N A HEMAVATHI AGED ABOUT 50 YEARS D/O SRI N H ANANTHA REDDY, 2. SMT. A NALINA, AGED ABOUT 45 YEARS, D/O SRI N H ANANTHA REDDY, 3. SMT. M KAVITHA AGED ABOUT 43 YEARS D/O SRI N H ANANTHA REDDY, R1 TO R3 ARE REPRESENTED BY THEIR GENERAL POWER OF ATTORNEY HOLDER SRI N H ANANTHA REDDY, NO.668, 14TH CROSS, 14TH MAIN, J.P.NAGAR 2ND PHASE, BANGALORE - 560078. 4. M/S BANGALORE METRO RAIL CORPORATION LIMITED 3RD FLOOR, BMTC COMPLEX, K.H.ROAD, SHANTINAGAR, BANGALORE - 560027 - 4 - HC-KAR NC: 2026:KHC:1060-DB WA No. 351 of 2024 C/W WA No. 817 of 2024 REPRESENTED BY ITS CHIEF MANAGER 5. THE ASSISTANT DIRECTOR OF LAND RECORDS, BANGALORE EAST TALUK, K.R.PURAM EAST, BANGALORE - 560016. ...RESPONDENTS (BY SRI. Y.K.NARAYANA SHARMA, ADVOCATE FOR R1 TO R3; SRI. HARISH N.N., ADVOCATE FOR R4; SRI. M.N.SUDEV HEGDE, AGA FOR R5) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS PERTAINING TO THE ORDER DATED 28/08/2023 PASSED IN WP NO.14829/2021 AND SET ASIDE THE ORDER DATED 28/08/2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.14829/2021, ETC. THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeals have been filed impugning the judgment and order dated 28.08.2023 passed by the learned Single Judge in W.P.No.14829/2021 (LA-KIADB). - 5 - HC-KAR NC: 2026:KHC:1060-DB WA No. 351 of 2024 C/W WA No. 817 of 2024 2. The parties are referred to as per their ranking before the writ Court for the sake of convenience. 3. The petitioners claim to be the owners of 1 acre and 5 guntas of land bearing Survey No.10/1A of Hoodi Village, K.R. Puram Hobli, Bangalore South Taluk. The Karnataka State has acquired the land for the purpose of Bangalore Metro Rail Corporation project (for brevity 'the BMRCL'). The grievance of the petitioners was that compensation was awarded only with respect to 123.67 square meters of land. However, the BMRCL has used 325 square meters of the land in excess of the land, which was acquired by the State Government. The petitioner therefore, filed the writ petition with the following prayers :- "Wherefore, the petitioners respectfully pray that this Hon'ble Court be pleased to pass necessary orders and issue a Writ of Certiorari and set aside the letter dated 23.04.2020 bearing No.BMRCL/LA/Phase- 2/Reach-1E 175/2019-20/60 as per Annexure "J" and direct the respondents to make necessary survey and enquiry and decide the excess land (more than - 6 - HC-KAR NC: 2026:KHC:1060-DB WA No. 351 of 2024 C/W WA No. 817 of 2024 the land acquired as per the Notification) occupied by them belonging to the petitioners and to pay necessary compensation to the extent of excess land occupied by them or in the alternative direct the respondents to vacate and deliver vacant possession of the excess land occupied by them to the petitioners or issue necessary directions or orders as deemed fit by this Hon'ble Court under the facts and circumstances of the above case in the interest of justice." 4. The learned Single Judge in the impugned judgment however, has directed that the petitioners should be paid compensation with respect to 34 square meters of land, which was left out as 'B' kharab land, besides the learned Single Judge has also directed that BMRCL to pay the compensation for the land which was not acquired, but used by them. In respect of the allegation that BMRCL has used more land than what was acquired and compensation was not paid, liberty was reserved to the petitioners to agitate the same in accordance with law and seek payment of compensation accordingly. - 7 - HC-KAR NC: 2026:KHC:1060-DB WA No. 351 of 2024 C/W WA No. 817 of 2024 5. Learned counsel for the appellant submits that the relief granted by the learned Single Judge for payment of compensation in respect to 34 square meters of land was not part of the writ petition. No pleadings were made in this respect in the writ petition neither any ground was taken nor the prayer was made in the writ petition. 6. We have perused the writ petition as well as prayer which has been extracted above. 7. We do not find that there was any grievance in respect of non payment of compensation for 34 square meters of 'B' Kharab land. The relief therefore, granted in respect of 34 square meters of 'B' kharab land was not the scope of the writ petition. 8. However, we make it clear that we have not interfered with the observation made in paragraph 9 of the impugned judgment, which would read as under :- - 8 - HC-KAR NC: 2026:KHC:1060-DB WA No. 351 of 2024 C/W WA No. 817 of 2024 "Accepting the said submission of the learned counsel, if it is found that the 1st respondent BMRCL has utilized more land than what was acquired and compensation has not paid, liberty is reserved to the petitioner to agitate the same in accordance with law and seek payment of compensation accordingly." 9. In view thereof, these writ appeals are allowed in part insofar as the relief granted by the learned Single Judge in respect of payment of compensation for 34 square meters ('B' kharab land is concerned) and the direction in paragraph 7 of the impugned judgment is deleted. SD/- (D K SINGH) JUDGE SD/- (S RACHAIAH) JUDGE NG List No.: 1 Sl No.: 25