IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.11302 OF 2023 (LA-BDA)

BETWEEN:

SRI LINGAIAH

S/O LATE LINGAIAH,

AGED 68 YEARS,

R/AT NO.301, ESHAANYA 6^TH MAIN,

ITI LAYOUT, ACHUTH CLASSIC,

MALLATHAHALLI, NAGARABHAVI II STAGE,

BANGALORE SOUTH-560 056.

…PETITIONER

(BY SRI D.L. JAGADEESH, SENIOR COUNSEL FOR

SMT. RAKSHITHA D.J., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,

REPRESENTED BY ITS PRINCIPAL SECRETARY,

Digitally signed by URBAN DEVELOPMENT DEPARTMENT,

MAHALAKSHMI B M M.S. BUILDING,

Location: HIGH DR. AMBEDKAR VEEDHI,

COURT OF

BANGALORE-560 001.

KARNATAKA

2. BANGALORE DEVELOPMENT AUTHORITY,

T. CHOWDAIAH ROAD,

KUMARAPARK WEST, BANGALORE-560 020

REPRESENTED BY ITS COMMISSIONER.

3. SPECIAL LAND ACQUISITON OFFICER,

BANGALORE DEVELOPMENT AUTHORITY,

T. CHOWDAIAH ROAD,

KUMARAPARK WEST,

BANGALORE-560 020.

4. ADDITIONAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARAPARK WEST, BANGALORE-560 020.

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

SRI K. KRISHNA, ADVOCATE FOR R-2 TO R-4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACQUISITION PROCEEDINGS IN RESPECT OF LAND BEARING SY.NO.91(91/3) MEASURING 4½ GUNTAS SITUATED AT BHIMANAKUPPE VILLAGE, KENGERI HOBLI, ISSUED UNDER THE PRELIMINARY NOTIFICATION BEARING NO. BDA/COMMR/DC(LA)/ALAO/158/2008-2009 DATED 21/05/2008 AND FINAL NOTIFICATION BEARING NO. UDD 51 MNX 2010 DTD 18/02/2010 VIDE ANNEXURE-B AND C RESPECTIVELY AS ILLEGAL AND VOID AB INITIO AND ETC., THIS PETITION COMING ON FOR DICTATING ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

The petitioner has approached this Court seeking a declaration that the acquisition proceedings insofar as they relate to 4½ guntas of land in Sy. No. 91 (91/3), Bhimanakuppe Village, Kengeri Hobli, have lapsed and for quashing the notice dated 29.04.2023 issued by the Bangalore Development Authority (BDA) under Sections

12(2) and 16(2) of the Land Acquisition Act, 1894 (‘Act, 1894’ for short).

BRIEF FACTS

2. The land in question originally measured 35 guntas and was notified for acquisition for the formation of ‘Nada Prabhu Kempe Gowda’ Layout under a preliminary notification dated 21.05.2008 and final notification dated 18.02.2010. It is the case of the petitioner that the BDA utilised only 18.08 guntas for formation of the road and passed a consent award dated 16.11.2019 granting 4,432 square feet of developed land. The petitioner asserts that the remaining extent, including 4½ guntas retained by him was never taken possession and nor was an award passed within the statutory period. After more than a decade, BDA issued an impugned award/possession notice dated

29.04.2023 prompting the present writ petition.

3. Heard learned Senior Counsel Sri D.L.Jagadeesh for the petitioner, learned AGA for respondent No.1 and the learned counsel appearing for respondents 2 to 4. 4. Learned Senior Counsel for the petitioner submits that the possession of the schedule property has never been taken nor has the compensation been paid in respect thereof. Further, learned Senior Counsel submits that the BDA failed to substantially implement the scheme within the time prescribed resulting in lapse of acquisition under Section 27 of the Bangalore Development Authority Act, 1976 (for short ‘the BDA Act’). That the impugned notice itself demonstrates that the possession continues with the petitioner and further that the allegation of misrepresentation is unfounded and the consent award and the survey sketch prepared by the BDA acknowledge the extent acquired and utilised and any attempt to proceed with the acquisition after prolonged inaction is arbitrary and without jurisdiction.

5. Per contra, the learned counsel appearing for the respondents 2 to 4 submits that the writ petition is not maintainable due to the suppression of material facts and absence of loc