IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 914 OF 2024 (LA-BDA)

BETWEEN:

1. THE BANGALORE DEVELOPMENT AUTHORITY HAVING ITS OFFICE IN T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020, REPRESENTED BY ITS COMMISSIONER.

2. THE SLAO V.V. BUILDING, 3RD FLOOR, BANGALORE.

…APPELLANTS Digitally (BY SRI. MURUGESH V CHARATI, ADVOCATE)

signed by NIRMALA DEVI AND:

Location:

HIGH COURT 1. STATE OF KARNATAKA OF REPRESENTED BY ITS SECRETARY, KARNATAKA DEPARTMENT OF LAND ACQUISITION, VIDHANA SOUDHA, BENGALURU-560 001.

2. SRI. H. CHIKKA PUTTAIAH S/O. LATE HOMBAIAH, AGED ABOUT 84 YEARS, R/AT NO. 16/38, 7TH MAIN, 1ST STAGE, B.T.M. LAYOUT, BANGALORE-560 029.

…RESPONDENTS (BY SMT. NAMITHA MAHESH B.G, AGA FOR R1 SRI. UDAYA HOLLA, SENIOR ADVOCATE A/W SRI. HARISH H.V, ADVOCATE FOR C/R2)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET-ASIDE THE ORDER Dt 19.03.2024 PASSED BY THE HONBLE LEARNED SINGLE JUDGE IN WRIT PETITION No. 16216/2016 (LA-BDA) AND ALLOW THE WRIT APPEAL BY DISMISSING THE WRIT PETITION.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT WAS PRONOUNCED AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE C.M. POONACHA)

1. The present intra Court appeal is filed by the Bangalore Development Authority [BDA] and the Special Land Acquisition Officer [SLAO] calling in question the order dated 19.03.2024 passed in Writ Petition No.16216/2015 (LA-BDA), whereunder the writ petition filed by the second respondent/writ petitioner has been allowed by the learned Single Judge and the preliminary notification dated 15.07.1982 and final notification dated 05.08.1986 in respect of acquisition of an extent of 1 acre 22 guntas of land in Sy.No.14/2 of Malagala Village, Yeshwanthpur Hobli, Bangalore North Taluk [subject property] has been set aside.

2. It is the case of the petitioner that one Smt. Sarojini was the owner of the subject property and the writ petitioner is stated to have acquired right, title and interest in the subject property having regard to a Will dated 05.01.2001 executed by the owner Smt.Sarojini. Hence, it is contended that upon the death of the said Smt.Sarojini in the year 2002, the subject property devolved upon the writ petitioner.

3. It is further the case of the petitioner that despite initiation of acquisition proceedings for formation of the 'Nagarabhavi II Stage Layout', he continued to be in possession of the subject property and has developed the property. That no notice of the acquisition proceedings was issued to the original owner Smt. Sarojini and nor to the writ petitioner. That shortly prior to the filing of the writ petition, he learnt about the acquisition proceedings and hence, filed the writ petition. The reliefs claimed in the writ petition were amended during the pendency of the writ petition. The reliefs sought for in the writ petition as amended are as under:

Wherefore the petitioner prays that for the reasons stated herein above this Hon'ble Court be pleased to:

a. Issue a writ or order or direction directing the respondent not to disturb the possession of the petitioner of the land bearing Sy. No. 14/2 to an extent of 1 acre 22 guntas situated in Malgala Village Papareddypalya, Yeshwanthpura Hobli, Bangalore North Taluk as well as restrain the respondent from forming layout by digging drains and construction culverts in pursuance of the final notification-

Annexure-H, b. Issue a writ or order or direction directing that the acquisition proceedings acquiring land bearing Sy.No. 14/2 land bearing Sy. No. 14/2 measuring 1 acre 22 guntas situated in Malagala Village, Yeshwanthpur Hobli, Bangalore North Taluk, acquired under final notification dated 05.08. 1986 published in Karnataka Gazette on 04.09.1986 lapsed