IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.65599 OF 2016 (GM-SLUM)

BETWEEN:

S. JOHN WILLIAM @ BALASUNDRAM SON OF SOLOMON @ MUNISWAMY, AGED ABOUT 75 YEARS, AND RESIDING AT NO.14, ITC COLONY QUARTERS, JEEVAHALLI COX TOWN, BENGALURU-560 005 …PETITIONER (BY SRI. ABHINAY Y.T., ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING, Digitally signed by MINISTRY-2, NO.213, ARUNKUMAR M S

2ND FLOOR, Location: HIGH COURT OF VIKAS SOUDHA, KARNATAKA BENGALURU - 560 001.

2. KARNATAKA SLUM DEVELOPMENT BOARD REPRESENTED BY ITS SECRETARY, #55, 3^rd FLOOR, ABHAYA COMPLEX, RISALDAR STREET, SHESHADRIPURAM, BANGALORE - 560 020.

3. THE DEPUTY COMMISSIONER BANGALORE DISTRICT, KANDHAYA BHAVAN, K.G.ROAD, BENGALURU - 560 001.

…RESPONDENTS (BY SRI MAHANTESH SHETTAR, AGA FOR R1 & R3;

SRI S.P. SATHISHA, ADVOCATE FOR R2)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 30.09.2002 IN KSA.CR.5/89-90 PASSED BY THE R-3 VIDE ANNX-C AND NOTIFICATION DATED 18.10.2002 ISSUED BY THE R-3 VIDE ANNX-D OR IN THE ALTERNATIVE DIRECT AND DECLARE THAT ACQUISITON PROCEEDINGS IF ANY TO THE INITIATED BY THE RESPONDENTS SHOULD BE UNDER THE PROVISIONS OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

Heard the learned counsel appearing for the parties.

2. In this writ petition, the petitioner is assailing the order dated 30.09.2002 passed in KSA CR. No.5/1989-90 (Annexure-C) by respondent No.3 and the Final Notification dated 18.10.2002 (Annexure-D) issued by respondent No.3, inter alia, in the alternative, sought for a direction to respondent No.2 to initiate acquisition proceedings under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013( hereinafter referred to as 'the Act' 2013, for short).

3. The relevant facts for adjudication of this petition are that, the petitioner claims to be the owner of the land bearing Khata No.13/6(old No.101-F) measuring 1000 sq. ft. in survey No.121 situated at Channappa lane, Doddigunte village, Kasaba Hobli, Bangalore North Taluk, having acquired the same under the registered Sale Deed dated 17.12.1971.

4. It is stated that respondent No.3 issued a Preliminary Notification dated 19.07.1983 under Section

3(2) of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 (hereinafter referred as 'the Act'). The petitioner filed objections to the said Notification, which were considered, and the Preliminary Notification was subsequently cancelled. Thereafter, after two years, respondent No.3 issued another Preliminary Notification dated 25.01.1990, declaring the petitioner’s land as a slum area. The petitioner challenged the same before this Court in W.P. No.22916–21/1991 and by order dated 07.01.1997 (Annexure–A), this Court quashed the Notification and remitted the matter to respondent No.3 to reconsider the objections filed by the petitioner.

5. After the remand made by this Court, the petitioner filed a statement of objections as per (Annexure-B). Thereafter, respondent No.3 by overruling the objections filed by the petitioner, declared the petitioner's land as a 'slum-area' by order dated 30.09.2002 (Annexure-C), which is impugned in this writ petition.

6. It is also stated in the writ petition that, respondent No.3 issued a Final Notification dated 18.10.2002, declaring the land belonging to the petitioner and his neighbours as a 'slum-area' as per the Annexure-D.

7. Pursuant to the issuance of the Notification under Section 3 of the Act, respondent No.1 was required to acquire the land belonging to the petitioner under S