IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31^ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.3004 OF 2016 (LA-BDA)

BETWEEN:

SRI V. SREENIVASAIAH AGED ABOUT 53 YEARS, S/O LATE VENKATAPPA, AGRICULTURE, R/O HOSAHALLI, THALAGHATTAPURA POST, BANGALORE SOUTH TALUK, BANGALORE-560002.

…PETITIONER (BY SRI SIDDHARTH SUMAN, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, Digitally signed by VIKASA SOUDHA, MAHALAKSHMI B M BANGALORE-560001.

Location: HIGH COURT OF

2. THE BANGALORE DEVELOPMENT AUTHORITY, KARNATAKA T. CHOWDAIAH ROAD, BANGALORE-560020.

BY ITS COMMISSIONER.

3. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BANGALORE-560020.

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

SRI KIRAN C.V., ADVOCATE FOR R-2 & R-3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE ACQUISITION OF THE LAND OF THE PETITIONER BEARING SY.NO.1/1A OF HOSAHALLI VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, MEASURING 1 ACRE 9 GUNTAS UNDER THE PRELIMINARY NOTIFICATION DATED 07.11.2002 i.e. ANNEXURE-E AND THE FINAL NOTIFICATION DATED 09.09.2003 i.e. ANNEXURE-F, ISSUED BY THE 1^ST RESPONDENT FOR THE FORMATION OF BANASHANKARI 6^TH PHASE FURTHER EXTENSION HAS LAPSED AS CONTEMPLATED UNDER SECTION 27 OF THE BDA ACT.

THIS PETITION COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

The petitioner seeks to declare that the acquisition of his land bearing Survey No.1/1A of Hosahalli Village, Uttarahalli Hobli, Bengaluru South Taluk measuring 01 acre 09 guntas (‘schedule property’) under the preliminary notification dated 07.11.2002 (Annexure-E) and final notification dated 09.09.2003 (Annexure-F) issued by respondent No.1 proposed for the formation of Banashankari VI phase (further extension) has lapsed as contemplated under Section 27 of the Bengaluru Development Authority Act, 1976 (‘BDA Act’ for short)

Brief facts:

2. The petitioner claims to be the owner of the schedule property. It is stated that the schedule property has been converted for residential use, formed part of the gramathana due to the natural village expansion, with existing houses, roads, and civic amenities well before the initiation of any acquisition proceedings. The schedule property was assessed for tax by the local Panchayath and later, by BBMP after its merger in 2007, confirming it as an established residential property. The Bangalore Development Authority (BDA) issued a preliminary notification dated 07.11.2002 under Section 17 (1) of the BDA Act, proposing to acquire 1,532 acres of land for the formation of Banashankari VI Phase Layout (further extension), followed by a final notification dated

09.09.2003, reducing the extent to 750 acres.

3. The petitioner filed objections, pointing out that the land was already built up and surrounded by de-notified lands. It is stated that joint inspections were conducted in the years 2004, 2005, 2006, 2010, and 2012 by the BDA officials, confirming that the houses existed and the layout formation was impossible. It is stated that the BDA itself proposed de-notification to the Government on 29.06.2006, admitting no possession had been taken and no notification under Section 16 (2) of the Land Acquisition Act, 1894 (‘LA Act’ for short) had been issued.

4. In W.P. No.19277/2007 filed by the petitioner, this Court on 02.09.2009 directed the Government to decide on the proposal of the BDA for de-notification. Further, similarly situated adjacent land owners, i.e., Survey Nos.8/8B and 8/9 had filed W.P. No.19425/2007, which was also acquired under the same notification for formation of further extension of Banashakari VI phase layout. The said writ petition came to be allowed directing the Government to pass necessary orders relating to de-notification. Further, the Government vide order dated 10.06.2010 is