THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN WP NO.23061/2022 DATED:20.11.2025 AND DISMISS THE WRIT PETITION.

THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY, JUDGMENT IS DELIVERED/ PRONOUNCED AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH

and

HON'BLE MR. JUSTICE T.M.NADAF

CAV JUDGMENT

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

1. This intra Court appeal is by the Bangalore Development Authority¹ calling in question the order dated 20th November 2025 passed by the Writ Court in No.23061/2022.

2. By the impugned order, the Writ Court allowed the Writ Petition and granted prayer sought in the Writ Petition along with other directions to take action against the erring officials of the BDA.

3. The parties are referred to as per their ranking before the Writ Court.

4. Facts germane to filing of this appeal are as under:

4.1 The case of the Writ Petitioner before the Writ court was that his grandfather purchased the land in an auction held on 04.06.1951 and the name of his grandfather - Sri.Lakshmaiah was entered in respect of 04 Acres of land in Sy.No.107, Block No.11 of BM Kaval Village, Bangalore South Taluk.

4.2 A Notification came to be issued by the BDA under Section 17(1) & (3) of the Bangalore Development Authority Act, 1976² proposing to acquire a total of 1,532 Acres 17 Guntas of land, spread over 8 villages, including BM Kaval (194.15 Acres) for the formation of the proposed Banashankari VI Stage Layout and the Bangalore - Kanakapura Main Road. The name of the petitioner's grandfather was reflected in the Preliminary Notification in respect of 04 Acres of land at Sl.No.209. However, the BDA issued Final Notification on 10.09.2003 under Section 19 of the BDA Act, 1976 in which the 04 Acres of land shown against the name of petitioner's grandfather were not included. Thereafter, the BDA issued another Notification under Section 17(1) & (3) of the BDA Act, 1976 dated 19.09.2003 wherein the land shown against the name of petitioner's grandfather was specifically excluded/ dropped from acquisition and subjected to pay betterment Tax under Section 20 of the BDA Act, 1976. This clearly shows that the land was excluded from acquisition. However, the authorities of the BDA saying that the land has been acquired under the Final Notification in the name of respondent No.3, disbursed a sum of Rs.44,09,660/- as compensation to respondent No.3 who is not at all connected to the family, on the basis of a fabricated document styled as Gift Deed which was alleged to be executed by Lakshmaiah in the year 1981, whereas the said Lakshmaiah had expired on 30.09.1978, which is evident from Annexure-C.

4.3 The said respondent No.3 - Choodappa got mutation entries in his favour subsequent to the Preliminary Notification dated 07.11.2002 i.e., on 14.11.2002 and substituted his name with the name of Lakshmaiah. The officials of the BDA though aware of all the subsequent actions viz., under Section 19 of the BDA Act, 1976 wherein the land shown against the name of Lakshmaiah were not included, subsequently directed to pay betterment charges under Section 20 of the BDA Act, 1976 issuing notification under Section 18(3) of the BDA Act, 1976. However, disbursed the compensation amount as if the land is acquired in favour of Choodappa, That apart, allotted 04 sites to Choodappa as incentive sites for the acquisition of lands. There are several other proceedings concluded before this Court in W.P.No.8783/2008 and 46644/2011, so also Writ Appeal No.444/2013. The BDA Authorities are now coming on the petitioner for recovery of the amount, as such the petitioner filed the present Writ Petition seeking following reliefs:

PRAYER

WHEREFORE this Honourable court be pleased to issue a Writ of Mandamus directing the Respondent No.1:

a. To have 4 acres of land culled out of survey No. 107, Block No.11 of B.M Kaval,