SRI MOHAMMED ZAHEER v. BANGALORE DEVELOPMENT AUTHORITY
WA/636/2026 · 2026-03-06
D K Singh, T M Nadaf
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 7343 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7343 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14071-DB WA No. 636 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO.636 OF 2026 (LA-BDA)
BETWEEN:
SRI MOHAMMED ZAHEER S/O. LATE MOHAMMED IMAM SAB REPRESENTED BY HIS GPA HOLDER SRI MOHAMMED JAFFER S/O. MUSHTAQ AHMED AGED ABOUT 43 YEARS R/O NO.1/4, NMH ROAD-HOSUR ROAD BENGALURU-560 027 …APPELLANT (BY SRI LAKAMAPURMATH CHIDANANDAYYA, ADVOCATE) AND:
1. BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER KUMARA PARK EAST BENGALURU-560 020
2. SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK EAST BENGALURU-560 020
Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:14071-DB WA No. 636 of 2026
3. SRI THIMMAIAH S/O. UTHANALAPPA R/O. NAGENAHALLI YELAHANKA HOBLI SINGANAYAKANAHALLI POST BENGALURU-560 064
4. SMT. PILLAMMA W/O. GATE MUNIYAPPA AGED MAJOR
5. SRI PAPPAIAH S/O. GANGAPPA AGED MAJOR
6. SRI MUNIYAPPA S/O. GATE MUNIYAPPA AGED MAJOR
7. SRI PILLA NARASAPPA S/O. GATE MUNIYAPPA AGED MAJOR
8. SRI PATTALAPPA S/O. GATE MUNIYAPPA AGED MAJOR
RESPONDENT NOS.4 TO 8 ARE R/O. NAGENAHALLI, YELAHANKA HOBLI SINGANAYAKANAHALLI POST BENGALURU NORTH BENGALURU-560 064
9. SMT. RAMAKKA AGED MAJOR W/O. KEMPAIAH R/O. NAGENAHALLI, YELAHANKA HOBLI SINGANAYAKANAHALLI POST BENGALURU NORTH
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HC-KAR NC: 2026:KHC:14071-DB WA No. 636 of 2026
BENGALURU-560 064
10. SRI K. JAYARAMAIAH AGED MAJOR S/O. KEMAPAIAH R/O. NAGENAHALLI, YELAHANKA HOBLI SINGANAYAKANAHALLI POST BENGALURU NORTH BENGALURU-560 064
11. SRI BYRAPPA AGED MAJOR S/O. APPAIAH R/O. NAGENAHALLI, YELAHANKA HOBLI SINGANAYAKANAHALLI POST BENGALURU NORTH BENGALURU-560 064
12. SRI MUNIVEERAPPA S/O. ERAPPA AGED MAJOR
13. SRI MUNIYAPPA S/O. SAKAPPA AGED MAJOR
14. SRI S. KEMPAIAH S/O. SAKAPPA AGED MAJOR
15. SRI DODDAIAH S/O. SAKAPPA AGED MAJOR
RESPONDENT NOS.12 TO 15 ARE RESIDENT OF ANANTHPURA VILLAGE YELAHANKA HOBLI BENGALURU NORTH-560 064
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16. SRI DASAPPA S/O. SOMBAIAH AGED MAJOR R/O. NAGENAHALLI YELAHANKA HOBLI SINGANAYAKANAHALLI POST BENGALURU-560 064
17. SRI MUNIDASAPPA S/O. SAKAPPA AGED MAJOR
18. SRI BYANNA AGED MAJOR S/O. SAKAPPA
RESPONDENT NOS.17 AND 18 ARE RESIDING AT KITHIGANOOR VILLAGE BIDARAHALLI HOBLI BENGALURU SOUTH TALUK BENGALURU-560 079
19. SRI B. CHANDRAPPA AGED MAJOR
20. SRI B. NARAYANAPPA AGED MAJOR
RESPONDENT NOS.19 AND 20 ARE RESIDENTS OF NAGENAHALLI, YELAHANKA HOBLI SINGENAYAKANAHALLI POST BENGALURU NORTH BENGALURU-560 064
21. SMT.
MUNIYAMMA AGED MAJOR R/O. NAGENAHALLI VILLAGE YELAHANKA HOBLI
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HC-KAR NC: 2026:KHC:14071-DB WA No. 636 of 2026
SINGENAYAKANAHALLI POST BENGALURU-560 064
22. SRI N. B. NANJAPPA SINCE DECEASED
SRI N. P. RAJASHEKARAPPA AGED MAJOR S/O. PILLAPPA
RESIDENT OF NAGENAHALLI YELAHANKA HOBLI SINGANAYAKANAHALLI POST BENGALURU NORTH BENGALURU-560 064
23. SMT. AMMAYAMMA W/O. PUTTAIAH AGED MAJOR
24. SMT. CHIKKAMMA W/O. MAHADEVAIAH AGED MAJOR
25. SRI APPE GOWDA AGED ABOUT 69 YEARS S/O. VEERCHIKKAPPA
RESPONDENT NOS.23 TO 25 ARE RESIDING AT AVALAHALLI VILLAGE YELAHANKA HOBLI BENGALURU NORTH-560 064
26. SRI N. H. ANJANAPPA AGED MAJOR S/O. HANUMANTHAPPA R/O. NAGENAHALLI YELAHANKA HOBLI SINGENAYAKANAHALLI POST BENGALURU NORTH
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HC-KAR NC: 2026:KHC:14071-DB WA No. 636 of 2026
BENGALURU-560 064
27. SRI T. N. NAGARAJ AGED ABOUT 58 YEARS S/O. NANJUNDAPPA R/O. THIMMASANDRA JALA HOBLI BENGALURU NORTH BENGALURU-560 064
28. SMT. VENKATAMMA W/O. LATE MUNISWAMAPPA AGED MAJOR
29. SRI NAGARAJ S/O. MUNISWAMAPPA AGED MAJOR
RESPONDENT NOS.28 AND 29 ARE RESIDENT OF AVALAHALLI VILLAGE YELAHANKA HOBLI BENGALURU NORTH BENGALURU-560 064
30. SRI NARAYANASWAMY AGED MAJOR S/O. LATE NARASAPPA
31. SRI KRISHNAPPA S/O. LATE SRI NARASAPPA AGED MAJOR
RESPONDENT NOS.30 AND 31 ARE R/O. NAGENAHALLI, YELAHANKA HOBLI SINGENAYAKANAHALLI POST BENGALURU NORTH BENGALURU-560 064
32. SMT. YASHODAMMA AGED ABOUT 64 YEARS
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HC-KAR NC: 2026:KHC:14071-DB WA No. 636 of 2026
W/O. K. NARAYANAPPA R/O. NAGENAHALLI, YELAHANKA HOBLI SINGENAYAKANAHALLI POST BENGALURU NORTH BENGALURU-560 064
33. SRI N. K. RAMAIAH MAJOR S/O. KEMPANNA
34. SRI N. R. RAVI MAJOR S/O. N. K. RAMAIAH
35. SMT. N. R. SHASHIKALA MAJOR S/O. N. K. RAMAIAH
RESPONDENT NOS.33 TO 36 ARE RESIDENT OF NAGENAHALLI YELAHANKA HOBLI SINGANAYAKANAHALLI POST BENGALURU NORTH BENGALURU-560 064
36. SMT. SUBBALAKSHMAMMA SINCE DECEASED BY HER LRS. 36(A) SMT. SUMITHRA W/O. NARAYANAPPA D/O. LATE SUBBALAKSHMAMMA AGED ABOUT 68 YEARS R/O. NAGENAHALLI YELAHANKA HOBLI SINGENAYAKANAHALLI POST BENGALURU NORTH BENGALURU-560 064
37.
SRI RAMAKRISHNAPPA AGED MAJOR
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S/O. MUNIVENKATAPPA R/O. NO.669/5, BUNDAPPA ROAD YESHWANTHPUR BENGALURU-560 040
38. SRI K. NARAYANAPPA AGED MAJOR S/O. KEMPAIAH R/O. NAGENAHALLI, YELAHANKA HOBLI SINGANAYAKANAHALLI POST BENGALURU NORTH BENGALURU-560 064
39. SMT. GOWRAMMA W/O. LATE AMARESH N.
AGED ABOUT 53 YEARS
40. SMT. AMBUJA A.
D/O. LATE AMARESH N.
AGED ABOUT 38 YEARS
41. SRI NAVEEN KUMAR A.
S/O. LATE AMARESH N.
AGED ABOUT 36 YEARS
42. SRI SHIVAKUMAR N.
S/O. LATE N. B. NANJAPPA AGED ABOUT 57 YEARS
43. SMT. LATHA H.
W/O. LATE SRINIVASMURTHY N.
AGED ABOUT 47 YEARS
44. SMT. PUSHPA S.
D/O. LATE SRINIVASMURTHY N.
AGED ABOUT 29 YEARS
45. SMT. NANDAN S.
W/O. LATE SRINIVASMURTHY N.
AGED ABOUT 47 YEARS
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HC-KAR NC: 2026:KHC:14071-DB WA No. 636 of 2026
46. SMT. GEETHA M.
W/O. LATE SURENDRA N.
AGED ABOUT 40 YEARS
47. KUMARI AMRATHA S.
D/O. LATE SURENDRA N.
AGED ABOUT 17 YEARS
48. MASTER GNANESH GOWDA S/O. LATE SURENDRA N.
AGED ABOUT 12 YEARS
SINCE RESPONDENT NOS.47 AND 48 I.E., KUMARI AMRATHA S., AND MASTER GNANESH GOWDA ARE MINORS, BY THEIR NATURAL GUARDIAN MOTHER SMT. GEETHA M. BY R-46
49. SMT. PADMA N.
W/O. LATE VASU D/O. LATE N. B. NANJAPPA AGED ABOUT 49 YEARS
50.
SRI MANJUNATH N.
S/O. LATE N. B. NANJAPPA AGED ABOUT 43 YEARS
RESPONDENT NOS.30 TO 50 ARE RESIDING AT 90, NAGENAHALLI VILLAGE YELAHANKA HOBLI SINGENAYAKANAHALLI POST BENGALURU NORTH BENGALURU-560 064
…RESPONDENTS (BY SRI SHARATH N., ADVOCATE FOR R-10;
SRI T. M. CHOWDA REDDY ADVOCATE FOR C/R14;
SRI V. M. LAKSHMIPATHI, ADVOCATE FOR C/R32;
SRI PRAKASH T. HEBBAR, ADVOCATE FOR R31)
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HC-KAR NC: 2026:KHC:14071-DB WA No. 636 of 2026
THIS WRIT APPEAL IS FILED U/S. 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 22/01/2026 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP NO.10028/2024(LA-BDA) AND ALLOW THE PRAYERS AS PRAYED FOR BY THE APPELLANTS IN WP NO.10028/2024(LA-BDA). THIS APPEAL, 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 T.M.NADAF
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra Court appeal has been filed impugning the judgment and order dated 22.01.2026 passed by the learned Single Judge in W.P.No.10028/2024 (LA-BDA), filed by appellant herein.
2. The parties are referred to as per their ranking before the learned Single Judge, for the sake of convenience.
3. The petitioner, who claims right on the basis of some unregistered agreement of sale in respect of the land in question initially challenged the land acquisition proceedings
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in respect of the lands in Item Nos.1 to 28, for which the preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 (for short 'the Act') was issued on 30.05.1988 and thereafter, the final notification under Section 6(1) of the Act came to be issued on 15.03.1989.
4. The land owners' challenge to the said acquisition proceedings in W.P.Nos.8188-8201/1989 before the learned Single Judge, met with success vide
order dated
11.07.1996.
5. M/s.Trinity House Building Co-operative Society, which was respondent No.4 in W.P.Nos.8188-8201/1989 challenged the order dated 11.07.1996 passed by the learned Single Judge before the Division Bench in Writ Appeal Nos.7543-7557/1996 and connected matters. The Division Bench vide judgment and order dated 06.05.2004 allowed the appeals and set aside the judgment of the learned Single Judge.
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6. The owners challenged the decision of the Division Bench before the Supreme Court by filing SLP (C) Nos.13656-13684/2004. However, the Supreme Court vide
order dated 15.09.2016 dismissed the said S.L.Ps.
7. The petitioner who claims right on the basis of some unregistered Agreement to sell and power of attorney filed impleading applications before the Supreme Court in the pending Civil Appeals. However, the Supreme Court dismissed the applications with the following observation:-
"45. The Impleadment Application Nos.74-102 of 2010 filed in the appeals arising out of SLP (C) Nos.13656-13684 of 2004 are also liable to be rejected, as the applicant therein claims to be the power-of-Attorney(s) holder of some of the lands in question and agreements of sale. Since he neither approached the High Court nor this Court by way of filing SLPs and neither the agreements of sale nor the power of attorney(s) confer any right upon him at this time, as the same is barred by the provisions of the Land Reforms Act, 1952, provisions of the Specific Relief Act as well as the Limitation Act, the
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applicant has no legal right to come on record to challenge the impugned judgment and therefore the Impleadment Applications are rejected, as the same are wholly unsustainable in law."
8. After the Supreme Court decided the issue finally, the appellant/petitioner has filed writ petition before the learned Single Judge. The learned Single Judge vide impugned
judgment and order dated 22.01.2026 has dismissed the writ petition by observing as under :-
"This Court was following the judgment of the Apex Court wherein the Apex Court holds that an agreement holder registered or unregistered would not get any right whatsoever, as the instrument of conveyance requires the agreement of sale to be taken to its logical conclusion, which has not happened therein and which did not happen in the case at hand as well. Therefore, the agreements of sale have remained as agreements. Thus, the petitioner has no right to claim compensation, plainly on the observation of the Apex Court on his impleading application, as quoted hereinabove."
9. We see no reason to interfere with the impugned
Judgment and Order dated 22.01.2026 passed by the
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learned Single Judge inasmuch so far as the rights of the petitioner on the basis of unregistered agreement of sale and power of attorney are concerned, the Supreme Court has already decided the issue finally and nothing is left to be decided by this Court. Therefore, we dismiss this writ appeal.
10. In view dismissal of the appeal, pending interim applications, if any do not survive for consideration, hence stand disposed of. Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
NG CT: VC LIST NO.: 1 SL NO.: 3