IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 6059 OF 2016 (LA-RES)

BETWEEN:

MR. C. BHOJARAJ AGED ABOUT 68 YEARS, S/O LATE CHOWDAPPA, R/AT NO.38/Y, 15^TH MAIN ROAD, RAJAJINAGAR 3^RD BLOCK, BENGALURU-560010 SENIOR CITIZEN BENEFIT NOT CLAIMED …PETITIONER (BY SRI. NISHANTH A V, ADVOCATE)

AND:

1. BRUHATH BANGALORE MAHANAGARA PALIKE N.R.SQUARE, Digitally signed BENGALURU-560002 by ROOPA R U REPRESENTED BY ITS COMMISSIONER Location: HIGH COURT OF KARNATAKA 2. SPECIAL LAND ACQUISITION OFFICER BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560002

3. THE DEPUTY COMMISSIONER (LAND ACQUISITION)

BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560 002

4. STATE OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDINGS, BENGALURU-560001 …RESPONDENTS (BY SRI.SPOORTHY HEGDE.N, HCGP FOR R4;

SRI.K.B.MONESH KUMAR, ADVOCATE FOR R1 TO R3)

THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DTD: 10.08.2015 ISSUED BY THE R-3 BEARING NO.LAQ/ CR/

08/ 2011-12 VIDE ANNEXURE-H AND ETC., THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

ORAL ORDER

The petitioner claims to be the owner of the land measuring 38 guntas, including 3 guntas of kharab land forming part of land Sy.No.102/1, situated at Halagevaderahalli, Kengeri Hobli, Bengaluru South Taluk, having purchased the same in terms of the deed of sale dated 18.03.1981. That the petitioner had applied for change of land usage to an extent of 27 guntas out of the said land from agricultural to non-agricultural/residential purpose, which was accorded on 06.07.1993. That there was some dispute resulting in one Smt.Muninarasamma filing a suit in O.S.No.8141/2009 and the said suit was dismissed upon a memo filed confirming the deed of sale executed in favour of the petitioner. The petitioner thus has been in settled possession and enjoyment of the schedule property and has been paying the tax regularly.

2. The respondent had initiated acquisition proceedings under Section 4(1) of the Land Acquisition Act, 1894 read with Section 177 of the Karnataka Municipal Corporations Act, 1976, notifying various lands for acquisition for the purpose of widening of the road from Rajarajeshwarinagar to Banashankari 6^th stage. A portion measuring 1671 sq. ft. of the land belonging to the petitioner was notified at Sl.No.33. However, though the petitioner is the absolute owner of the said land, his name was not reflected, but the name of his wife was notified. A final notification under Section 6(1) of the Act, 1894, was issued in which the land of the petitioner was shown at Sl.No.33, on learning about the same, the petitioner made a representation on 26.04.2014 contending that his land was converted from agricultural to non-agricultural purposes and that he had executed a power of attorney in favour of his wife to look after the construction of the building.

3. The petitioner also pointed out that an extent of

09 guntas of land has been utilized by the Bruhath Bengaluru Mahanagara Palike, for the purpose of the formation of road. A survey by, a private surveyor was requested to find out the actual extent of the land utilized by the respondent-BBMP for the formation of the said road. That in the said private survey, it was found that respondent-BBMP has utilized 9482 Sq. ft of the land belonging to the petitioner instead of 1671 Sq. ft as notified in the notification. As such, the petitioner requested for payment of compensation to the extent of said 9482 Sq. ft of the land. The petitioner did not receive the compensation to the extent of land acquired. However, a notice was issued to the petitioner by the respondent in the month of December-2015 informing that the award in respect of 1671 Sq. ft of land has been passed and the same had been deposited before the Reference Court. That the petitioner was