SRI ANANDA MURTHY vs THE GOVERNMENT OF KARNATAKA

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 9 DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE R. NATARAJ

WRIT PETITION NO. 44519 OF 2016 (LA-BDA)

BETWEEN:

1. SRI. ANANDA MURTHY
S/O LATE RAMAIAH
AGED ABOUT 58 YEARS
R/AT GANIGARAPALYA
HOSAHALLI DHAKALE,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK-560090.

2. SRI. K.T. NARAYANASWAMY
S/O SRI. THOUTA REDDY
AGED ABOUT 54 YEARS
R/AT NO.28/116, KAVERINAGAR,
KAVERINAGAR MAIN ROAD,
BANASHANKARI III STAGE
BANGALORE – 560085
…PETITIONERS

Digitally
signed by
HEMALATHA J
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI. H.N.SHASHIDHARA, SENIOR ADVOCATE FOR
SRI. H.S. SUHAS, ADVOCATE)

AND:

1.
THE GOVERNMENT OF KARNATAKA
BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BANGALORE - 560001

2. THE BANGALORE DEVELOPMENT AUTHORITY
REPRESENTED BY ITS COMMISSIONER
BELLARY ROAD,
BANGALORE - 560001

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3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
BELLARY ROAD,
BANGALORE – 560001
…RESPONDENTS
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NO.1;
SRI. MURUGESH V. CHARATI, ADVOCATE FOR RESPONDENT NOS.2
AND 3)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
ACQUSIITION PROCEEDINGS IN RESPECT OF THE LAND BEARING
SY. NO.12/5B MEASURING 15 GUNTAS SITUATED AT HOSAHALLI
VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK VIDE
PRELIMINARY NOTIFICATION (AT SL.NO.101) UNDER SECTION
17(1)(3) OF THE BENGALURU DEVELOPMENT AUTHORITY ACT,
PUBLISHED IN THE KARNATAKA GAZETTE ON 07.11.2002 IN
ಏ
No . (STATED AS
¨ÉA.C.¥Áæ/«.¨sÀÆ.¸ÁéD/ 4-¦.Dgï:194/2002-03
BEN.AA.PRA/VI.BHU SWA.AA/A4-PR.194/2002-03 IN THE PRAYER
PORTION OF THE PETITION) VIDE ANNEXURE-D AND THE FINAL
NOTIFICATION AT SL.NO.54 (STATED AS SL.NO.55 IN THE PRAYER
PORTION OF THE PETITION) UNDER SECTION 19(1) OF THE BDA
ACT, PUBLISHED IN THE KARNATAKA GAZETTE DATED 10.09.2003
IN No . (STATED AS NAAAEI:750:BHU
£ÀDE:750:¨ÉA¨sÀÆ¸Áé:2003, ¨ÉAUÀ¼ÀÆgÀÄ
SWA:2003 IN THE PRAYER PORTION OF THE PETITION) DATED
09.09.2003 VIDE ANNEXURE-E HAS LAPSED, ABANDONED, NONEST,
NULL AND VOID AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER
1(i). The petitioners have sought for a declaration that
ಏ
the notification bearing No.
¨ÉA.C.¥Áæ/«.¨sÀÆ.¸ÁéD/ 4-¦.Dgï:194/2002-03
dated 07.11.2002 issued by the respondent No.2 under Section
17(1) and (3) of the Bangalore Development Authority Act,
1976 (for short, ‘the BDA Act’) and published in the official
Karnataka Gazette on 21.11.2002 and the final notification
bearing No. dated 09.09.2003
£ÀDE:750:¨ÉA¨sÀÆ¸Áé:2003, ¨ÉAUÀ¼ÀÆgÀÄ
issued by the respondent No.1 under Section 19(1) of the BDA
Act and published in the official Karnataka Gazette on
10.09.2003 in respect of the land bearing Sy. No.12/5B
measuring 15 guntas situate at Hosahalli village, Uttarahalli
hobli, Bengaluru South Taluk, have lapsed, abandoned, non-est
and null and void.
(ii). The petitioners have also sought for a declaration
that the acquisition of the land bearing Sy. No.12/5B measuring
15 guntas of Hosahalli village, has lapsed under Section 24(2)
of the Right to Fair Compensation and Transparency in Land

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Acquisition, Rehabilitation and Resettlement Act, 2013 (for
short, ‘the Act, 2013’) as no award is passed and compensation
is not deposited before the Reference Court and physical
possession of the property in question is not taken till date.
2(i). Petitioner No.1 claimed that he and his family
members, namely, Mr. Ashwathnarayana, Mr. Krishnappa, Mr.
Sampangiramaiah and Mrs. Thayamma were the erstwhile
owners of the land in Sy. No.12/5B measuring 02 acres 35
guntas situate at Hosahalli village, Uttarahalli hobli, Bengaluru
South Taluk. He and his family members divided the properties
on 10.01.1989 (10.01.1984 as per the partition deed vide
Annexure 'A' to the petition), in terms of which the petitioner
No.1 derived 33 guntas as his share in Sy. No.12/5B of
Hosahalli village. He thereafter sold portions of the said 33
guntas of land to various persons and retained 15 guntas.
Subsequently, he sold 10 guntas of land in favour of the
petitioner No.2 in terms of a sale deed dated 08.10.2003. He
contends that he is the owner of 05 guntas of land while the
petitioner No.2 is the owner of 10 guntas of land in the said Sy.
No.12/5B of Hosahalli village. The petitioners contend that the

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respondent No.2 issued a preliminary notification dated
07.11.2002 to acquire the land in Sy. No.12/5B for formation of
a road connecting Bangalore-Kanakapura road and for further
extension of BSK VIth Stage Layout.
(ii). Petitioners claim that the respondent No.3
recommended for reduction in the area required for Further
extension of BSK VIth Stage Layout and consequently, a final
notification was issued by the respondent No.1 reducing the
total extent of land acquired to 750 acres as against 1532 acres
and 17 guntas proposed for acquisition under the preliminary
notification dated 07.11.2002.
(iii). As regards the land in Sy. No.12/5B, petitioners
contend that 15 guntas was included in the final declaration out
of the larger extent of 02 acres 35 guntas of land in the said
survey number. The petitioners claim that the respondent No.2
required only 05 guntas out of 15 guntas of land in Sy.
No.12/5B and hence, initiated proceedings to issue an erratum
for rectification of the mistake. The Deputy Commissioner of
the respondent No.2 vide his letter dated 19.01.2005,
requested the respondent No.1 to issue an erratum to the final

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notification indicating that only 05 guntas out of the land in Sy.
No.12/5B instead of 15 guntas is required and therefore,
appropriate corrections be made in the final notification dated
09.09.2003, which was published in the official Karnataka
Gazette on 10.09.2003. The respondent No.1 purportedly
prepared a draft erratum notification bearing No.UDD BBS 2004
dated 10.09.2005 (as per Annexure ‘G’ - Erratum, date is nil)
with a view to correct the extent of land acquired in Sy
No.12/5B as 05 guntas instead of 15 guntas. Petitioners claim
that they were informed by the respondent No.2 that it was not
interested to take over 10 guntas of land which was in excess
of the requirement. They contend that though the respondents
were bound to publish the erratum, they failed to take any
steps to do so. The petitioners, therefore, filed W.P
Nos.37409/2013 and 59475/2013 inter alia seeking to quash
the impugned preliminary notification and the final notification
in so far as it relates to the notification of an excess area of 10
guntas of land in Sy. No.12/5B of Hosahalli village.
(iv). Alternatively, they also sought for a direction to the
respondents therein to publish an erratum notification and

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correct the error to reduce the area acquired from 15 guntas to
5 guntas in Sy.No.12/5B of Hosahalli village, Uttarahalli Hobli,
Bengaluru South Taluk. This Court in terms of an order dated
10.06.2014, disposed off the writ petitions directing the
respondents therein to take steps to pass an award and pay
compensation to the petitioners in respect of 5 guntas that was
acquired. The respondents therein were also directed to take a
decision regarding publication of the erratum notification and
communicate the same to the petitioners within three months.
(v). Petitioners contend that as per the directions issued
by this Court, they submitted a representation dated
24.07.2014 and requested the respondent No.1 to publish
erratum notification restricting the acquisition of land in
Sy.No.12/5B to 5 guntas instead of 15 guntas. Petitioners claim
that the respondents did not take any action, which forced
them to file CCC No.90/2016 before this Court. The respondent
No.2 though indicated that it was not in need of entire 15
guntas, but yet it addressed a letter dated 06.04.2015 to the
respondent No.1 indicating that due to a printing error in the
final notification, 15 guntas is shown instead of 5 guntas and

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therefore, due to this mistake, no award is passed for the
entire extent and possession is not taken and the notification of
Section 16(2) of the Land Acquisition Act, 1894 is not issued. It
was also stated in the said letter addressed by the respondent
No.2 to the respondent No.1 that the Executive Engineer,
Bengaluru South, BDA, had reported on 02.12.2014 that lands
in and around Sy.No.12/5B were not notified and that there
was no layout formed in the lands around Sy.No.12/5B and
therefore, Sy.No.12/5B cannot be utilized for formation of a
layout.
(vi). Petitioners claim that during the pendency of the
contempt proceedings, the respondent No.2 addressed letters
dated 15.02.2016 and 18.03.2016 to the respondent No.1
reiterating and admitting the non-utilization and non-
requirement of 15 guntas of land in Sy.No.12/5B. The
petitioners therefore contend that this land is not required for
the purposes of respondent No.2. Long thereafter, the
respondent No.1 issued an endorsement dated 02.07.2016
withdrawing its proposal of issuing an erratum to the final
notification.

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(vii). The petitioners therefore are before this Court
contending that the acquisition has lapsed as no steps are
taken by the respondent Nos.2 and 3 to pass an award within a
reasonable time. Therefore, they seek for a declaration that
acquisition is abandoned and is therefore unenforceable apart
from seeking a declaration that the acquisition has lapsed
under Section 27 of the Bangalore Development Authority Act,
1976 and under Section 24(2) of the Act, 2013.
3. Learned Senior counsel for the petitioners reiterated
the above submissions.
4. (i) A statement of objections is filed by the
respondent Nos.2 and 3, wherein it is contended that the
petitioners have challenged an acquisition of the year 2002 and
therefore, the petition is liable to be dismissed on the ground of
delay and laches. They contend that the petitioners in the
earlier writ petition filed, had sought for reliefs only with
respect to 10 guntas of land, but in the instant writ petition
have sought for declaration with respect to the entire 15 guntas
of land in Sy.No.12/5B. It is contended that Sy.No.12/5B
measures 2 acres 35 guntas, out of which what was acquired

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was only 15 guntas. It is admitted that the Land Acquisition
Officer had recommended to the State Government for issuance
of an erratum in respect of 10 guntas of land and the same was
placed before the Board of the respondent No.2 for approval.
However, the Board by its decision decided to withdraw the
recommendation as the entire land was required for formation
of road and hence, respondent No.3 was directed to pass an
award in respect of 15 guntas of land. It is contended that this
withdrawal was brought to the notice of this Court in contempt
proceedings and the Division Bench of this Court took the same
into account and closed the contempt petition with liberty to
the petitioners to challenge the endorsement.
(ii) It is claimed that the land in question is required for
formation of a road and that the respondent Nos.2 and 3 will
pass an award and take possession of the property in
accordance with law. It is claimed that since the
recommendation to exclude 10 guntas of land was pending for
consideration before the State Government, the respondent
No.3 could not pass an award. It is claimed that the land in
question is very essential for formation of the road. It is also

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claimed that the acquisition cannot lapse under Section 24(2)
of the Act, 2013, as the acquisition is not under the provisions
of the erstwhile Land Acquisition Act and the issue is no longer
res integra in view of the judgment of Hon'ble Apex Court in
Special Land Acquisition Officer, KIADB, Mysore and
another vs. Anasuya Bai (Dead) by Legal Representatives
and others [(2017) 3 SCC 313]. With these and similar
contentions, it is contended that the petitioners are not entitled
for any reliefs much less the ones claimed in the writ petition.
5. Learned counsel for respondent Nos.2 and 3
reiterated the above submissions.
6. An affidavit is filed by the Special Land Acquisition
Officer of the respondent No.2, a perusal of which makes it
manifestly evident that no award is passed till date in respect
of the acquisition of land in Sy.No.12/5B measuring 10 guntas.
7. A sketch produced by the petitioners discloses that
the land claimed by the petitioners lies at the corner of the land
in Sy.No.12/5B and abuts 100 feet road. It does not appear
from the sketch that the land in Sy.No.12/5B is in any way

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required for the purposes of formation of a road as it lies
beyond 100 feet road.
8. Having regard to the fact that the preliminary
notification was issued in the year 2002 and final notification
was issued in the year 2003, the respondent No.3 was bound to
pass an award within a reasonable time. Since the respondent
Nos.2 and 3 have not passed an award, the acquisition is not
concluded in all respects and consequently, the possession of
the property is also not taken. Therefore, as rightly contended
by the learned Senior counsel for the petitioners, the
acquisition is abandoned by the respondent No.2. This is all the
more evident from the fact that the respondent No.2 itself had
recommended to the respondent No.1 that it did not need 10
guntas out of 15 guntas of land in Sy.No.12/5B and had
requested the respondent No.1 to issue an erratum. A
photograph of 100 feet road placed on record by the petitioners
would also establish that the road is formed in all respects and
the land in question is not needed for the purpose of formation
of any road or any layout. Under the circumstances, the

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acquisition is bound to fail as the respondent No.3 has failed to
pass an award within a reasonable time.
9. Consequently, this petition is disposed off holding
that the acquisition of land in Sy.No.12/5B of Hosahalli village,
Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru, measuring
15 guntas, vide preliminary notification bearing
ಏ
No. dated 07.11.2002,
¨ÉA.C.¥Áæ/«.¨sÀÆ.¸ÁéD/ 4-¦.Dgï:194/2002-03,
published in the official gazette on 21.11.2002 and final
notification bearing No. dated
£ÀDE:750:¨ÉA¨sÀÆ¸Áé:2003, ¨ÉAUÀ¼ÀÆgÀÄ
09.09.2003, published in the official gazette on 10.09.2003, is
abandoned and not lapsed as claimed by the petitioners.
10. In view of the above, the preliminary notification
ಏ
bearing No. dated

¨ÉA.C.¥Áæ/«.¨sÀÆ.¸ÁéD/ 4-¦.Dgï:194/2002-03
07.11.2002, published in the official gazette on 21.11.2002 and
final notification bearing No. dated
£ÀDE:750:¨ÉA¨sÀÆ¸Áé:2003, ¨ÉAUÀ¼ÀÆgÀÄ
09.09.2003, published in the official gazette on 10.09.2003,
stand quashed in so far as the land in Sy.No.12/5B of Hosahalli
village, Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru,
measuring 15 guntas is concerned. If the name of the

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respondent No.2 is entered in the revenue records relating to
Sy.No.12/5B of Hosahalli village, Uttarahalli Hobli, Bengaluru
South Taluk, Bengaluru, measuring 15 guntas, the same shall
stand deleted and the name of the petitioners shall stand
restored in respect of their respective portions. It is made clear
that the petitioners shall not in any manner obstruct or claim
any right over the 100 feet road mentioned above.

Sd/-
(R. NATARAJ)
JUDGE

SMA-para Nos.1 to 2(iii),PMR-para Nos.2(iv) till the end
List No.: 1 Sl No.: 53