IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 354 OF 2025 (LA-BDA)

BETWEEN:

SRI. G. CHIKKABAYANNA (DIED)

THROUGH LRS:

1. SRI. C. GOPAL S/O. LATE G. CHIKKABAYANNA AGED ABOUT 68 YEARS.

2. SRI. C. RAMESH S/O. LATE G. CHIKKABAYANNA AGED ABOUT 65 YEARS, 3. SRI. C.G. VENUGOPAL S/O. LATE G. CHIKKABAYANNA AGED ABOUT 59 YEARS, Digitally signed by S NOORUNNISABEGUM Location: HIGH APPELLANTS 1 TO 3 ARE R/O COURT OF KARNATAKA, NO.18, 1^ST CROSS, IDBI LAYOUT, BENGALURU BANNERGHATTA ROAD, GOTTEGERE POST, BENGALURU-560 083.

…APPELLANTS (BY SRI. RAVIKUMAR R., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001.

2. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY, CHOWDAIAH ROAD, KUMARAPARK WEST, BENGALURU-560 020.

3. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARAPARK WEST, BENGALURU-560 020.

…RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE ORDER DATED 08.01.2025 PASSED IN W.P.NO.25894/2017, CONSEQUENTIALLY DECLARE THAT THE APPELLANTS ARE ENTITLED FOR THE RELIEF ENVISAGED UNDER THE PROVISIONS OF SECTION

27 OF BENGALURU DEVELOPMENT AUTHORITY ACT, 1976 AND ETC.

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present writ appeal has been filed impugning the judgment and order dated 08.01.2025 passed by the learned Single Judge in W.P.No.25894/2017.

2. The appellants/petitioners claim to be owners to an extent of 19 guntas of land in Sy.No.16/1 situated at Gottigere Village, Uttarahalli Hobli, Bangalore South Taluk, Bangalore District, which was purchased vide the sale deed dated 30.11.1967.

3. The Bangalore Development Authority (BDA)

issued a preliminary notification under Section 17(1)(3) of the Bengaluru Development Authority Act, 1976 (for short,’ BDA Act’) on 17.03.2001 seeking to acquire large extent of land including the land of the petitioners in Sy.No.16/1 mentioned herein above for "Further Extension of Anjanapura Layout".

4. The final notification was issued under Section

19(1) of the BDA Act on 04.03.2002 and the award notice was issued on 01.10.2003 under Section 12(2) of the Land Acquisition Act, 1894 (for short, "LA Act, 1894") awarding a compensation of Rs.5,15,622/- for the land of the petitioners. As they did not take the compensation, the said compensation had been deposited by the Land Acquisition Officer in the Court. The said land acquisition proceedings, came to be challenged by the petitioners in W.P.Nos.4101-04/2013 before this Court.

5. This Court vide judgment and order dated

22.10.2013 passed in W.P.Nos.4101-04/2013, dismissed the writ petitions on the ground that the final notification was issued way back on 04.03.2002 and immediately thereafter, an award was passed on 01.10.2003, the writ petition was filed more than a decade after the land acquisition proceedings were finalized. The petitioners' argument that they had not sought the compensation and they were in possession of land was negatived on the ground that mere ignorance pleaded would not constitute a sufficient reason to condone the laches of more than a decade and therefore, the writ petition suffers from gross delay and laches in making a challenge to the impugned land acquisition proceedings.

6. This Court also noticed that not only the land of the petitioners, but also several other parcels of the land got acquired for formation of the layout and challenge to the notification at the belated stage could not be accepted. If the petitioners were to contend that the possession of the land had to con