Court emphasized that land acquisitions must adhere to legal principles established in previous rulings, ensuring practical and logical considerations before proceeding.

ORDER :

R. DEVDAS, J.

1. The petitioner, is seeking the following reliefs:

(i) Issue a writ of Certiorari or any other appropriate writ, order or direction quashing the Internal Report (at Annexure ‘A’) dated 01/03/2024 bearing Subject No 66/2023- 2024 titled “Note to Authority Meeting” issued by Bangalore Development Authority.

(ii) Issue a writ of Certiorari or any other appropriate writ, order or direction quashing the Report (at Annexure ‘B’) dated 01/03/2024 Ref: BemAPra/ BhooSwaAa/325/2023-24 issued by the Deputy Commissioner, Bangalore Development Authority addressed to the Additional Chief Secretary, Urban Development Department, Government of Karnataka;

(iii) Issue a writ of Certiorari or any other appropriate writ, order or direction quashing Revised Final Notification No.UDD 426 MNJ 2011 dated 18/06/2014 at (Annexure ‘C’) for Remodified Scheme of Arkavathy Layout issued by the Urban Development Secretariat, Government of Karnataka, insofar as lands of the Petitioner are concerned bearing Sy.No.21/2 measuring 1 Acre 18 Guntas, Sy.No.21/3 measuring 1 Acre 33 Guntas, Sy.No.20/1 measuring 36 Guntas and Sy.No.20/2 measuring 32 Guntas, all situated in Kempapura Village, Yelahanka Hobli, Bangalore North Taluk, in the interest of justice and equity.

(iv) Issue any such other appropriate Writ or Order or Direction as this Hon’ble Court deemed fit including the grant of exemplary costs under the facts and circumstances of the case, in the interest of justice and equity.

Additional Prayer:

(v) To quash Order No.NAE 01 BemBhooswa 2024 (CCMS), dated 09-04-2025 being a letter from the Additional Chief Secretary to Government, Urban Development Department, Government of Karnataka to Commissioner, Bangalore Development Authority, in the interest of justice and equity.

2. It is not disputed that preliminary notification under Section 17 (1) and (3) of the BANGALORE DEVELOPMENT AUTHORITY ACT , 1976, was issued on 03.02.2003, for acquisition of 3339 Acres and 12 Guntas of land for the formation of Arkavathi Layout. A modified preliminary notification was issued proposing to acquire 3839 Acres and 12 Guntas spreading around 16 villages. However, the final notification under Section 19 (1) of the Act was issued on 23.02.2004 in respect of 2750 Acres of land, including the lands in question viz., 5 acres and 6 guntas of land in Sy.Nos.21/2, 21/3, 20/1 and 20/2 situated at Kempapura village. Several land owners filed writ petitions challenging the acquisition proceedings before this Court in W.P.Nos.26601-04/2004 and connected matters including W.P.No.20235/2004, filed by the petitioner herein. This Court struck down the entire acquisition proceedings and the decision is reported in the case of Sharadamma and Another Vs. State of Karnataka and Others , ILR 2005 Kar 3710 . The decision in the case of Sharadamma and Another were challenged before the Hon’ble Division Bench in W.A.No.2624/2005 and connected matters. The Hon’ble Division Bench set aside the order of the learned Single Judge, however directions were also issued to the respondents to consider the representations given by the land owners, who were seeking deletion or dropping of the acquisition proceedings on various grounds. Some of the land owners including the petitioner herein questioned the decision of the Hon’ble Division Bench before the Hon’ble Apex Court and the Hon’ble Apex Court disposed of the SLPs affirming the decision of the Hon’ble Division Bench, with further directions and clar