IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.52209 OF 2017 (LA-BDA)

BETWEEN:

SMT. SUSHEELAMMA, AGED ABOUT 54 YEARS, W/O SHRI PUKH RAJ, RESIDING AT NO.1095

10^TH MAIN, RPC LAYOUT, VIJAYANAGAR, BENGALURU-560040.

…PETITIONER (BY SRI PRAKASH T. HEBBAR, ADVOCATE)

AND:

1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDINGS, BENGALURU-560001.

REPRESENTED BY ITS SECRETARY.

Digitally signed by C K LATHA

2. THE COMMISSIONER Location: HIGH BANGALORE DEVELOPMENT AUTHORITY, COURT OF T. CHOWDIAHA ROAD, KARNATAKA KUMARA PARK WEST, BENGALURU-560020.

3. SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDIAHA ROAD, KUMARA PARK WEST BENGALURU-560020.

…RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1;

SRI MURUGESH V. CHARATI, ADVOCATE FOR R-2 & R-3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACQUISITION PROCEEDINGS INITIATED BY THE RESPONDENTS VIDE PRELIMINARY NOTIFICATION DATED 21.05.2008 AND FINAL NOTIFICATION DATED 18.02.2010 AS PER ANNEXURES-A AND B, ISSUED BY THE FIRST RESPONDENT STATE UNDER SECTION 19 OF THE BENGALURU DEVELOPMENT AUTHORITY ACT, 1976 AND ALSO THE PURPORTED AWARD BEARING NO.LA CASE NO.1001/2009-2010 AS DEEMED TO HAVE BEEN LAPSED IN VIEW OF SECTION 27 OF THE BENGALURU DEVELOPMENT AUTHORITY ACT, 1976 IN RESPECT OF THE LAND MEASURING 1 ACRE O2 GUNTAS OUT OF 1 ACRE 20 GUNTAS IN SY.NO.43, SITUATED AT SULIKERE VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK (i.e., THE SCHEDULE PROPERTY).

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’

GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

ORAL ORDER

The petitioner has sought for the following reliefs:

“(A) ISSUE a writ of Certiorari or any other appropriate writ, order or direction to declare that the acquisition proceedings initiated by the respondents vide Preliminary Notification bearing No.BDA/COMMR/DC(LA)/ALAO/158/2008-09 dated 21/05/2008 and Final Notification bearing No.UDD 51 MN/2010 dated 18/02/2010 as per Annexures-A and B, issued by the first respondent State under Section 19 of the Bengaluru Development Authority Act, 1976 and also the purported award bearing No. LA Case No.1001/2009-2010 as deemed to have been lapsed in view of Section 27 of the Bengaluru Development Authority Act, 1976 in respect of the land measuring 1 acre 02 guntas out of 1 acre 20 guntas in Sy.No.43, situated at Sulikere village, Kengeri Hobli, Bengaluru South Taluk (i.e., the schedule property).

ALTERNATIVELY, Further be pleased to issue a writ of Certiorari or any other appropriate writ, order or direction to declare that the acquisition proceedings initiated by the respondents vide Preliminary Notification bearing No.BDA/COMMR/DC(LA)/ALAO/158/2008-09 dated 21/05/2008 and Final Notification bearing No.UDD 51 MN/2010 dated 18/02/2010 as per Annexures-A and B, issued by the first respondent State under Section 19 of the Bengaluru Development Authority Act, 1976 and also the purported award bearing No. LA Case No.1001/2009-1010 as deemed to have been lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. 2013 in respect of the land measuring 1 acre 02 guntas out of 1 acre 20 guntas in Sy.No.43, situated at Sulikere village, Kengeri Hobli, Bengaluru South Taluk (i.e., the schedule property).

(B) TO GRANT such other or further reliefs as this Hon'ble Court may deem fit and appropriate in the facts and circumstances of the case, in the interest of justice and equity.”

2. Learned counsel for the petitioner submits that the issue involved in the present petition is squarely covered by the decision of the Co-Ordinate Bench of this Court in the case of Sri. R. Shankaran Vs. State of Karnataka and others, W.P. No.32186/2010 & (R. Shankaran), wherein the notifications issued for the acquisition of la