2026 Supreme(Online)(Kar) 13385
THE HIGH COURT OF KARNATAKA
D K SINGH AND S RACHAIAH
MR T RAMA RAO – Appellant
Versus
THE BANGALORE DEVELOPMENT AUTHORITY – Respondent
WA 1056/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1056 OF 2025 (LA-BDA)
BETWEEN:
MR. T.RAMA RAO S/O LATE THIMMAPPAIAH AGED ABOUT 71 YEARS, RESIDENT OF PREMISES No.36/1 MALLATHAHALLI, 80 FEET ROAD, BANGALORE-560056.
SINCE DECEASED REPRESENTED BY HIS LEGAL HEIRS
1. SMT. RATHNAMMA WO LATE RAMA RAO Digitally AGED ABOUT 80 YEARS.
signed by VASANTHA RESIDING AT SY. NO. 36/1, HOUSE NO. 49, KUMARY B K 80FT RING ROAD, 10TH MAIN, Location: KRISHNA TEMPLE, MALLATHALLI, HIGH BANGALORE 56 COURT OF KARNATAKA
2. MR. JAYAPRAKASH. B. R S/O LATE RAMA RAO, AGED ABOUT 50 YEARS.
RESIDING AT SY. NO.36/1, HOUSE NO.49, 80FT RING ROAD, 10TH MAIN, KRISHNA TEMPLE, MALLATHALLI, BANGALORE-56
3. MR. SATISH KUMAR. B. R SO LATE RAMA RAO, AGED ABOUT 47 YEARS, RESIDING AT SY. NO. 36/1, HOUSE NO. 49, 80FT RING ROAD, 10TH MAIN, KRISHNA TEMPLE, MALLATHALLI, BANGALORE-56
4. MR. VASU. B. R S/O LATE RAMA RAO, AGED ABOUT 55 YEARS, OFFICE AT NO.03, PAMPAMAHAKAVI ROAD, CHAMRAJPET, BANGALORE 560018.
5. SMT. SUDHAMANI D/O LATE RAMA RAO AGED 60 YEARS RESIDING AT RAGHAVENDRA COLONY
1ST CROSS, #17/1, NEW NO 53 CHAMRAJPET, BANGALORE-560018.
…APPELLANTS (BY SRI. P.S.RAJAGOPAL, SENIOR ADVOCATE FOR SRI. AJIT P B., ADVOCATE)
AND:
1. THE BANGALORE DEVELOPMENT AUTHORITY CHOWDIAH ROAD, KUMARA PARK WEST, BANGALORE-560020 REPRESENTED BY ITS COMMISSIONER
2. THE SPECIAL LAND ACQUISITION OFFICER BDA, CHOWDIAH ROAD, KUMARA PARK WEST, BANGALORE-560020
3. SRI R. MUNIYAPPA, SO LATE RAMAIAH, AGED ABOUT 57 YEARS RAT NO.16. GAJENDRA NAGARA, AVALAHALLI. GEF POST, BENGALURU-560026
4. SRI. G. S. SHANTHA KUMAR, SO LATE SHANKARAPPA, AGED ABOUT 61 YEARS. R/AT NO.185, 5TH MAIN, 11TH CROSS, NGEF LAYOUT, NAGARBHAVI.
BENGALURU-560072
5. SMT. N. PREMA KUMARI, W/O SRI. PUTTAHONNEGOWDA M.H.
AGED ABOUT 50 YEARS. R/AT NO.537, 9TH MAIN.
M.C. LAYOUT, VIJAYANAGAR, BENGALURU-560040
6. SMT. CHAITRA S, W/O SRI. CHANDRASHEKAR.
AGED ABOUT 31 YEARS, R/AT NO. 15, 1 MAIN, RHCS LAYOUT, ANNAPOORNESHWARI NAGAR. VISHWANEEDAM POST, BENGALURU 560091
7. SMT. JAYAMMA R W/O T MANJAPPA AGED ABOUT 58 YEARS, RESIDING AT NO.702. CHIRANJEEVI, 9TH MAIN ROAD, 9TH BLOCK, 2 STAGE, NAGARABHAVI LAYOUT, BENGALURU 560072.
8. DR. N.S.MAMATHA DEVI W/O DR. MANJUNATH GUPTA AGED ABOUT 62 YEARS, RESIDING AT ANJANDRI, 2 MAIN.
SIDDAGANGA LAYOUT.
TUMKUR 572102.
9. MR. H.D.MOHAN KUMAR SO DHARANI GIWDA AGED ABOUT 35 YEARS, RESIDING AT NO.21, 6TH CROSS, PRIYADHARSHINI LAYOUT, MUDALAPALYA, BENGALURU 560 072 …RESPONDENTS (BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR SRI. B.S.KARTHIKEYAN, ADVOCATE FOR R1 & R2;
SRI. H.C.SHIVARAMU, ADVOCATE FOR C/R3-R6; SRI. SANTHOSH S.GOGI, ADVOCATE FOR C/R7;
SRI. G.CHANDRASHEKARAIAH, ADVOCATE FOR R8)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE JUDGMENT / ORDER OF THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT DATED 06/06/2025 IN WP NO.17146-47/2013 AND CONSEQUENTIALLY ALLOW THE WRIT PETITION BY QUASHING THE NOTIFICATION DATED 09/09/2003, BEARING NO.NaAE: 749:BBuSva:2003 AS PER ANNEXURE-D TO THE WRIT PETITION IN SO FAR AS THE APPELLANTS LAND MEASURING 1 ACRE 1 GUNTAS OUT OF 5 ACRES 28 GUNTAS CONVERTED FOR RESIDENTIAL PURPOSE IN SY.NO.36/1 MALLATHAHALLI VILLAGE, YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK, WHICH IS CONVERTED FOR RESIDENTIAL PURPOSE VIDE OFFICIAL MEMORANDUMS DATED 27/04/1989 IN SY.NO.36/1 MALLATHAHALLI VILLAGE, YESHWANTHPURA, HOBLI, BANGALORE NORTH TALUK AND TO QUASH THE ENDORSEMENT DATED 08/07/2022 IN NO.BDA/LA/145/2022-
23 AS PER ANNEXURE-R TO THE WRIT PETITION, ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
formation of 'Sir M. Vishweshwaraiah Further Extension Layout' followed by Final Notification dated 09.09.2003 under Section 19 of the Act. Though in the said notification, the extent of land in Sy.No.3