IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 841 OF 2025 (LA-BDA)

BETWEEN:

1. CHENNAMMA W/O LATE MUNIYAPPA, AGED ABOUT 64 YEARS RESIDING AT VADDARAPALYA, KOTHNUR, UTTARAHALLI HOBLI, BANGALORE - 560061.

2. SRINIVAS S/O LATE MUNIYAPPA AGED ABOUT 42 YEARS RESIDING AT VADDARAPALYA, Digitally KOTHNUR, UTTARAHALLI HOBLI, signed by REKHA R BANGALORE - 560061.

Location:

High Court of Karnataka

3. MANJUNATH S/O LATE MUNIYAPPA AGED ABOUT 40 YEARS RESIDING AT VADDARAPALYA, KOTHNUR, UTTARAHALLI HOBLI, BANGALORE - 560061.

4. SMT LAKSHMI @ NEELA D/O LATE MUNIYAPPA W/O KUMAR AGED ABOUT 39 YEARS RESIDING AT VADDARAPALYA, KOTHNUR, UTTARAHALLI HOBLI, BANGALORE - 560061.

5. NAGAMMA W/O LATE JAYAPPA AGED ABOUT 52 YEARS RESIDING AT VADDARAPALYA, KOTHNUR, UTTARAHALLI HOBLI, BANGALORE - 560061.

6. SMT ANITHA D/O LATE JAYAPPA AGED ABOUT 35 YEARS RESIDING AT VADDARAPALYA, KOTHNUR, UTTARAHALLI HOBLI, BANGALORE - 560061.

7. THAYAMMA W/O LATE VENKATESH AGED ABOUT 49 YEARS RESIDING AT VADDARAPALYA, KOTHNUR, UTTARAHALLI HOBLI, BANGALORE - 560061.

…APPELLANTS (BY SMT.LAKSHMI IYENGAR, SR.COUNSEL FOR SRI. SRIKANTH M., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA AMBEDKAR VEEDHI BANGALORE - 560001 REPRESENTED BY ITS SECRETARY.

2. THE BANGALORE DEVELOPMENT AUTHORITY CHOWDAIAH ROAD, KUMARAPARK EAST BANGALORE - 560020 REPRESENTED BY ITS COMMISSIONER.

…RESPONDENTS (BY SRI.M.N.SUDEV HEGDE, AGA FOR R-1)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 02/05/2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.54611/2016 AND CONSEQUENTLY ALLOW THE WRIT PETITION.

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 MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE T M NADAF)

The unsuccessful petitioners in Writ Petition No.54611/2016 are before us in this writ appeal calling in question the order dated 2^nd May 2025, passed by the Writ Court. The Writ Court by the impugned order, dismissed the writ petition, declining to quash the acquisition proceedings as having been lapsed under Section 27 of Bengaluru Development Authority Act, 1976 (for short, `BDA Act').

2. For the sake of convenience, the parties are referred to as per their rankings before the Writ Court.

3. The facts in brief leading to filing of this writ appeal are as under:

a) The petitioners earlier sought for quashing of the acquisition proceedings i.e., Preliminary Notification and Final Notification dated 23.03.1988 and 19.10.1994 respectively, as illegal, void ab initio on the ground that the same having been lapsed and abandoned in view of the provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, `LRR Act of 2013). Subsequently, the petitioners filed an application praying to delete the prayers and substitute the same with prayers as under:

"I. Call for the entire records from the respondent:

II. Issue an appropriate order, writ declaring the scheme J.P. Nagar 8^th Phase Bangalore envisaged under preliminary Notification bearing No.BDA/SLAO/A6/PR/229/87-88 dated 23.03.1988 as per Annexure -A and Final Notification bearing No.HUD/292/MNX/93, dated 19.10.1994 as per Annexure -B issued by the 1^st respondent, so far as the property of the petitioner, applying the provisions of section 27 of BDA Act be declared as lapsed.

ii(a) Declare that the acquisition proceedings initiated under the provisions of BDA Act 1976 for the JP Nagar, 8^th stage as lapsed on account of failure to implement the same within 5 years as contemplated under section 27 and consequently there is no vesting of land.

III. Grant such other relief, as deemed fit, by this Hon'ble Court in facts and circumstances of the case, including the award