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2026 DAILYLAW 9794 (KAR)

SMT. MANJULA v. THE ADDITIONAL LAND ACQUISITION

MFA/1827/2023 · 2026-03-24

Anu Sivaraman, Tara Vitasta Ganju

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16697-DB MFA No. 1827 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU- DATED THIS THE 24TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 1827 OF 2023 (LAC) BETWEEN: SMT. MANJULA D/O LATE LAKSHMAIAH AGED ABOUT 39 YEARS R/AT VEERABHADRANAPALYA VILLAGE, VEERABHADRANAPALYA TOWN, DODDABALLAPURA- 561203. …APPELLANT (BY SRI. CHETHAN.S.P., ADVOCATE FOR SRI. NISHANTH A V., ADVOCATE) AND: 1. THE ADDITIONAL LAND ACQUISITION OFFICE, BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T CHOWDAIAH ROAD, BENGALURU- - 560020 2. SRI Y G RAMKUMAR S/O SRI Y N GANGADHARA SHETTY, AGED MAJOR, R/AT NO 688/689, 12TH CROSS, JAYANAGAR, 7TH BLOCK, Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNTAKA - 2 - HC-KAR NC: 2026:KHC:16697-DB MFA No. 1827 of 2023 BANGALORE- 560082 3. SRI GIRIDHAR G YADALAMMA S/O SRI Y N GANGADHARA SHETTY, AGED MAJOR, R/AT NO 49, 40TH CROSS, JAYANAGAR, 8TH BLOCK, BANGALORE- 560082 4. SRI Y G VIJAYAKUMAR S/O SRI Y N GANGADHARA SHETTY, AGED MAJOR, R/AT NO 744, 13TH CROSS, JAYANAGAR, 7TH BLOCK, BANGALORE- 560082 5. SRI Y G KASHINATH S/O SRI Y N GANGADHARA SHETTY, AGED MAJOR, R/AT NO 49, 40TH CROSS, JAYANAGAR 8TH BLOCK, BANGALORE- 560082 6. Y A SUBRAMANYA S/O LATE SRI Y S ADINARAYANA SHETTY, AGED MAJOR, R/AT NO.694/695, 12TH CROSS, JAYANAGAR 7TH BLOCK, BANGALORE- 560082 7. SRI Y G DWARAKANATH FATHERS NAME NOT KNOWN AGED MAJOR, R/AT NO.746, 13TH CROSS, WEST KANAKAPURA ROAD, - 3 - HC-KAR NC: 2026:KHC:16697-DB MFA No. 1827 of 2023 JAYANAGAR, 7TH BLOCK, BANGALORE- 560082 SMT HHANUMAKKA W/O LATE LINGAIAH, SINCE DEAD BY HER LRS 8. SMT GIRIYAMMA W/O LATE ANJINAPPA M S AGED MAJOR 9. SRI MANJUNATHA M A S/O LATE ANJINAPPA M S AGED MAJOR 10. SMT. KALAVATHI M A S/O LATE ANJINAPPA M S AGED MAJOR 11. SRI. SANJEEVARAJU S/O LATE ANJINAPPA M S AGED MAJOR 12. SRI. NAGAHANUMAIAH M A S/O LATE ANJINAPPA M S AGED MAJOR SL.NO.8 TO 12 ARE R/AT MOTAGONDANAHALLI VILLAGE, MAGADI TALUK, RAMANAGARA DISTRICT- 572129 SRI. CHIKKA NAGAPPA @ CHIKKALINGAIAH S/O LINGAIAH - 4 - HC-KAR NC: 2026:KHC:16697-DB MFA No. 1827 of 2023 SINCE DEAD BY HIS LRS 13. SRI. BYLAPPA S/O MUNIYAPPA @ MUNIVENKATAPPA AGED MAJOR 14. SMT. NAGARATHANA D/O MUNIYAPPA @ MUNIVENKATAPPA AGED MAJOR 15. SRI. SIDDAPPA S/O CHIKKANGAIAH @ CHIKKA LINGAIAH AGED MAJOR, 16. SMT. LAKSHMI W/O LATE RAMAIAH AGED MAJOR 17. SRI. NAVEEN KUMAR S/O LATE RAMAIAH AGED MAJOR 18. SRI. ANANTHKUMAR S/O LATE RAMAIAH AGED MAJOR 19. SMT. PADMA W/O MALLAIAH D/O CHIKKANAGAIAH @ CHIKKA LINGAIAH AGED MAJOR 20. SRI NAGARAJ S/O CHIKKANAGAIAH @ CHIKKA LINGAIAH - 5 - HC-KAR NC: 2026:KHC:16697-DB MFA No. 1827 of 2023 AGED MAJOR SL.NO.13 TO 20 ARE R/AT NO. 13, Ist CROSS, JANATHA COLONY, MARIYAPPANAPALYA, GANGABHARATHI POST, BENGALURU- - 560056. SRI SIDDAARAMAPPA S/O LATE SRI POOJARAPPA, SINCE DEAD BY HIS LRS 21. SMT THIMMAKKA W/O SIDDAARAMAPPA @ SIDDAMARAPPA AGED MAJOR, NO 90, 2ND MAIN ROAD, NEAR MARAMMA TEMPLE, HALAGEWADERAHALLI, R R NAGAR, BENGALURU- - 560098 22. SRI SIDDARAJU S S/O LATE SIDDAARAMAPPA @ SIDDAMARAPPA AGED MAJOR, NO 90, 2ND MAIN ROAD NEAR MARAMMA TEMPLE, HALAGEWADERAHALLI R R NAGAR, BENGALURU- - 560098 23. SMT SHIVAMMA W/O MUTTURAJU, AGED MAJOR, NO 51/ 90, NEAR MARAMMA TEMPLE HALAGEWADERAHALLI R R NAGAR, - 6 - HC-KAR NC: 2026:KHC:16697-DB MFA No. 1827 of 2023 BENGALURU- - 560098 24. SRI S NARAYANA S/O LATE SIDDAARAMAPPA @ SIDDAMARAPPA AGED MAJOR, NO.90, 1ST MAIN ROAD, 2ND MAIN ROAD NEAR MARAMMA TEMPLE, HALAGEWADERAHALLI, R R NAGAR, BENGALURU- 560098 25. SRI RAMU S S/O LATE SIDDAARAMAPPA @ SIDDAMARAPPA AGED MAJOR, NO 90, 2ND MAIN ROAD NEAR MARAMMA TEMPLE HALAGEWADERAHALLI R R NAGAR, BENGALURU- 560098 26. SMT JYOTHI W/O RAMESH H, AGED MAJOR, NO 165, KENGERI MAIN ROAD, NEAR DODDALADAMARA ROAD, CHUNCHANAKUPPE, BENGALURU- 562130 27. LATHA S W/O HANUMANTHARAJU, AGED MAJOR, R/AT NEAR ANJANEYA TEMPLE, VADDARAHALLI KADABAGERE, BENGALURU NORTH, BENGALURU- 561130 - 7 - HC-KAR NC: 2026:KHC:16697-DB MFA No. 1827 of 2023 28. VEENASHREE S S/O LATE SIDDAARAMAPPA @ SIDDAMARAPPA AGED MAJOR, R/AT NO. 90, NEAR MARAMMA TEMPLE R R NAGAR, HALAGEWADERAHALLI, BENGALURU- 560098 SRI. SIDDHA ARASAPPA, S/O LATE SRI. POOJARAPPA, SINCE DECEASED BY HIS LR'S 29. DEVARAJU S S/O LATE SIDDAARAMAPPA AGED MAJOR, 30. SMT BHAGYAMMA W/O SRI NARAYANAPPA D/O LATE SI SIDDA ARASAPPA AGED MAJOR 31. SIDDESHKUMAR S S/O LATE SIDDA ARSAPPA AGED MAJOR, SL.NO. 29 TO 31 ARE R/AT NO.47 1ST CROSS, MARAMMA TEMPLE ROAD HALAGEVADERAHALLI, R R NAGAR BENGALURU- 560009 32. CHIKKAMUNIYAPPA S/O LATE ELLAPPA AGED MAJOR RA/T RAMASANDRA VILLAGE KENGERI HOBLI - 8 - HC-KAR NC: 2026:KHC:16697-DB MFA No. 1827 of 2023 BANGALORE SOUTH TALUK- 560060 33. SRI MUNIELLAIAH S/O LATE ELLAPPA AGED MAJOR RA/T RAMASANDRA VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK- 560060 34. SRI M RAJU S/O LATE MALLAIAH AGED MAJOR R/AT RAMASANDRA VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK- 560060 SMT. ALAMELAMMA ALIAS ALAMELU W/O CHOWDAPPA SINCE DECEASED BY HER LRS 35. SRI VENTKAMMA D/O LATE SMT ALAMELAMMA AGED MAJOR 36. NARAYANA S/O LATE SRI VENKATRAMANAPAP AGED MAJOR 37. SMT VENKATALAKSHMI S/O LATE SRI VENKATRAMANAPPA AGED MAJOR 38. SRI ADISESHA S/O LATE SRI VENKATRAMANAPAP AGED MAJOR - 9 - HC-KAR NC: 2026:KHC:16697-DB MFA No. 1827 of 2023 39. SRI MANJUNATHA S/O LATE SRI VENKATESHAPPA AGED MAJOR 40. SMT VARALAKSHMI D/O LATE SRI VENKATESHAPPA AGED MAJOR 41. SMT YASHODA D/O LATE SRI VENKATESHAPPA AGED MAJOR SL.NO.35 TO 41 ARE R/A NO.20, MARIAYAPPANA PALYA, JNANA BHARATHI POST, BENGALURU- 560056 42. B V SHIVASWAMY FATHERS NAME NOT KNOWN AGED MAJOR NO.312, 3RD BLOCK RAJAJINAGAR BENGALURU- 560010 43. KANTHAMMA W/O SHAMACHARI AGED MAJOR R/A SULIKERE VILLAGE BENGALURU SOUTH TALUK-560060 44. SRI M JAGADISH S/O SRI G MALLAPPA AGED MAJOR R/A NO.616, 2ND MAIN KENGERI SATELITE TOWN - 10 - HC-KAR NC: 2026:KHC:16697-DB MFA No. 1827 of 2023 BANGALORE-560060 45. SRI B SUBHASH CHANDRA KINI S/O LATE SRI B SHANTHARAM KINI AGED MAJOR R/A NO.204, IST FLOOR MAHAVEER WILLOW ANNEX APARTMENT, K S TOWN BANGALORE-560060 46. SRI VENKATESH KAMATH S/O SRI KAMALAKSHA KAMATH AGED MAJOR R/A NO.160, IST MAIN IST CROSS, K K LAYOUT NAGARBHAVI BANGALORE-560072 47. SMT YELLAMMA D/O LATE NIGELLAPPA AGED MAJOR R/A NO.257, MARAMMA TEMPLE HALAGEVADERAHALLI R R NAGAR BANGALORE-98 48. SHARADHAMMA D/O LATE NINGELLAPPA AGED MAJOR R/A NO.1150, ULLALU ULLALU UPANAGARA BANGALORE-56 49. SAKAMMA D/O LATE NINGELLAPPA - 11 - HC-KAR NC: 2026:KHC:16697-DB MFA No. 1827 of 2023 AGED MAJOR R/A NO.1150, ULLALU ULLALU UPANAGARA BANGALORE-56 50. H R GANGAMMA W/O LATE RAJANNA AGED MAJOR, R/AT NO. 109, NEAR VAJRESHWARI THEATER, UPANGARA, ULLALU UPANAGARA, BANGALORE- 56 51. ANJINAPPA S/O LATE NINGELLAPPA AGED MAJOR, R/AT NO. 58, ULLALU UPANAGARA, BANGALORE- 56 52. HHANUMAKKA W/O YALLAPPA AGED MAJOR, R/AT NO. 96, 3rd CROSS, HALAGEVADERAHALLI BENGALURU SOUTH RAJARAJESHWARI NAGAR BANGALORE- 560 098 53. SMT. RATHNAMMA D/O YEALLAPPA AGED MAJOR, R/AT NO. 96, HALAGEVADERAHALLI, R R NAGAR, NEAR MARAMMA TEMPLE, RAJARAJESHWARI NAGAR, BANGALORE- 560 098 - 12 - HC-KAR NC: 2026:KHC:16697-DB MFA No. 1827 of 2023 54. SMT. YALAMMA D/O YALLAPPA AGED MAJOR, NEAR GOVT SCHOOL BASVESHWARA NAGAR, KITHANA HALLI, BANGALORE NORTH- 562 130 55. SMT. GOWRAMMA D/O YALLAPPA AGED MAJOR, R/AT 27, GOOD WILL ENGLISH SCHOOL, HAGGANAHALLI, PEENYA 2nd STAGE, BANGALORE NORTH, BANGALORE- 560058 56. SMT. PADMA D/O YALLAPPA AGED MAJOR, R/AT NO. 96, 3rd CROSS, MALAGEVADERAHALLI R R NAGAR, BENGALURU SOUTH, BENGALURU- 560 098 …RESPONDENTS (BY SMT. DEEPTI A., ADVOCATE FOR R1; SRI. BALARAJ.M.V., ADVOCATE FOR R8- R12; NOTICE TO R2-7 AND R13-56 D/W V.O.D 2/9/24) THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DT.29.10.2022 PASSED IN LAC NO.153/2003 ON THE FILE OF THE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE BENGALURU- , (CCH NO.17), PARTLY ALLOWING THE REFERENCE PETITION U/S.30 AND 31(2) OF THE LAND ACQUISITION ACT. - 13 - HC-KAR NC: 2026:KHC:16697-DB MFA No. 1827 of 2023 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Heard the learned for the appellant as well as learned counsel for the respondent. 2. It is submitted by the learned counsel for the appellant that relevant portion of the order dated 29.10.2022 in LAC 153/2003 reads as follows: "The reference made by the respondent under Section 30 and 31(2) of the Land Acquisition Act, 1894 is hereby partly allowed. LRs of Hanumakka - claimant No.7 are entitled for 38 guntas. Legal heirs of Hanumakka have to establish their right in the appropriate suit. Compensation payable to the LRs of Hanumakka will be after determination of their right by the competent Civil Court. LRs of claimant No.14 are together entitled for compensation to an extent of 38 guntas." - 14 - HC-KAR NC: 2026:KHC:16697-DB MFA No. 1827 of 2023 It is submitted that the legal representatives of Hanumakka have already filed O.S.No.568/2025 before the IV Additional Senior Civil Judge, Bengaluru Rural. The plaint is also produced along with memo filed by the appellant on 18.03.2026 seeking withdrawal of the appeal. 3. Learned counsel for the respondent submits that the petition filed by respondent No.8 herein has been disposed of by judgment dated 19.09.2024 directing the name of Hanumakka to be restored in the RTC subject to outcome of this MFA. It is submitted that since the appellant is seeking to withdraw this MFA, the entry of the name of Hanumakka in the RTC should be made subject to the result of O.S.No.568/2025 pending before the IV Additional Senior Civil Judge, Bengaluru Rural. 4. In view of the submissions made by the parties, the memo for withdrawal of this appeal is taken on record. 5. The appeal is permitted to be withdrawn subject to the condition that the recording of the name of - 15 - HC-KAR NC: 2026:KHC:16697-DB MFA No. 1827 of 2023 Hanumakka in the RTC will be subject to result of O.S.No.568/2025. 6. All contentions of the parties are left open to be decided by the competent civil Court. In view of disposal of the appeal, all pending applications also stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE SS List No.: 3 Sl No.: 1