BANGALORE DEVELOPMENT AUTHORITY v. THE ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY

(BY SRI. K. KRISHNA., ADVOCATE) &APPELLANTS - 2 - NC: 2026:KHC:1907-DB WA No. 1004 of 2024 C/W WA No. 447 of 2024 HC-KAR AND:

1. SMT SYED FATHIMA BEGUM W/O LATE SYED RAFIUL HUQ AGED 79 YEARS,

2. SYED KADHIJA SHAHIN D/O LATE SYED RAFIUL HUQ AGED 53 YEARS,

3. SYED SAMIUL HUQ S/O LATE SYED RAFIUL HUQ AGED 51 YEARS,

4. SYED WASSIUL HUQ S/O LATE SYED RAFIUL HUQ AGED 46 YEARS, ALL ARE R/AT NO.240/3 2ND CROSS, NEAR D P S SOUTH MANGO GARDEN, LAYOUT KONANAKUTNE CROSS BANGALORE-560062.

5. THE STATE OF KARNATAKA BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT M S BUILDING, BENGALURU-560001. (BY SRI. ASHOK HARANAHALLI, SENIOR ADVOCATE FOR SRI. SHARATH S GOWDA., ADVOCATE FOR R1 TO R4; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R5) &RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN WP No-17771/2021 DATED 02.04.2024 AND DISMISS THE WP IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - NC: 2026:KHC:1907-DB WA No. 1004 of 2024 C/W WA No. 447 of 2024 HC-KAR IN WA NO. 447/2024 BETWEEN:

1. BANGALORE DEVELOPMENT AUTHORITY T CHOUDAIAH ROAD KUMARA PARK WEST BANGALORE 560020 REPRESENTED BY ITS COMMISSIONER

2. THE ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T CHOUDAIAH ROAD KUMARA PARK WEST BANGALORE 560020 ...APPELLANTS (BY SRI. SACHIN B S., ADVOCATE) AND:

2. JANARDHAN S/O LATE VENATAPPA AGED ABOUT 44 YEARS R/AT NO 520/7, 4TH CROSS SHIVASHANKAR BLOCK HEBBAL, BANGALORE 560024 JANAKIRAMA S/O LATE VENKATAPPA AGED ABOUT 40 YEARS R/AT NO 520/7, 4TH CROSS SHIVASHANKAR BLOCK HEBBAL, BANAGALORE 560024

3. LALITHAMMA W/O VENKATAPPA AGED ABOUT 62 YEARS R/A KONAGATTA DODDABALLAPURA RURAL BANGALORE RURAL DISTRICT 561203 - 4 - NC: 2026:KHC:1907-DB WA No. 1004 of 2024 C/W WA No. 447 of 2024 HC-KAR

4. SUJATHAMMA W/O LATE ANANDA AGED ABOUT 56 YEARS

5. PUNEETHA A S/O LATE ANANDA AGED ABOUT 30 YEARS

6. ANITH A S/O LATE ANANDA AGED ABOUT 26 YEARS R4 TO R6 ARE RESIDING AT NO 119 19TH CROSS, SRIRAMA TEMPLE ROAD EJIPURA, BANGALORE 560047

7. RAMAMURHTY S/O LATE GUNDAPPA, AGED ABOUT 48 YEARS, R/AT No-G4, SAI PRIYA APARTMENTS, NEAR ANJANEYA TEMPLE, JP NAGARA, 1ST PHASE BANGALORE-560078.

8. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA, AMBEDKAR VEEDHI BENGALURU 560001 (BY SRI. ASHOK HARANAHALLI, SENIOR ADVOCATE FOR SRI. SHARATH S.GOWDA, ADVOCATE FOR R1 TO R7; SRI. MOHAMMED JAFFAR SHAH, AGA FOR R8) ...RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 15.12.2023 PASSED IN WP No- BY THE 24709/2017(BDA) TO THE EXTENT OF AWARD OF INTEREST AND GRANTING LIBERTY. LEARNED SINGLE JUDGE - 5 - NC: 2026:KHC:1907-DB WA No. 1004 of 2024 C/W WA No. 447 of 2024 HC-KAR THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The Writ Appeal No.1004/2024 has been impugning the judgment and order dated 02.04.2024 passed by the learned Single Judge in W.P.No.17771/2021 (LA-BDA), filed by the respondent Nos.1 to 4 herein.

2. The Writ Appeal No.447/2024 has been filed impugning the judgment and order dated 15.12.2023 passed by the learned Single Judge in W.P.No.24709/2017 (LA-BDA), filed by the respondent Nos.1 to 7 herein.

3. Parties are referred to as per their ranking before the writ Court, for the sake of convenience.

4. The preliminary notification for acquiring the lands was issued on 19.01.1978 and final notification was issued - 6 - NC: 2026:KHC:1907-DB WA No. 1004 of 2024 C/W WA No. 447 of 2024 HC-KAR on 28.12.1982 for formation of 'Rajamahal Vilas II Stage Layout'. In the present cases, no award amount was deposited either in the Court/revenue deposit. Before the learned Single Judge, the BDA had admitted that it was unable to place material/evidence before the Court, either for deposit of the award amount in the Court/revenue deposit or payment made the petitioners/their predecessors in title.

5. The petitioners' in Sy.No.33 situated at Bhoopasandra Village, Kasaba Hobli, Bangalore North Taluk, got acquired by the BDA. However, no compensation was paid to them all these years and the petitioners in W.A.No.1004/2024 had come to this Court by filing writ petition W.P.No.17771/2021 and petitioners in W.A.No.447/2024 had come to this Court by filing writ petition W.P.No.24709/2017 and claimed that as no compensation was awarded to them, the scheme had lapsed as contemplated under Section 27 of the Bangalore Development Authority Act, 1976 (for short 'the Act'). - 7 - NC: 2026:KHC:1907-DB WA No. 1004 of 2024 C/W WA No. 447 of 2024 HC-KAR

6. In view of the aforesaid admission and the stand of the BDA, learned Single Judge had held that the scheme for which the land had been acquired, had lapsed under Section 27 of the BDA Act, 1976. Having considered the facts and circumstances of the case, particularly, taking note of the fact of non payment of compensation to the land owners, the learned Single Judge passed the impugned order dated 15.12.2023. The operative portion of the said order would read as under:- "i) The writ petition is allowed. ii) It is hereby declared that the scheme for formation of 'Rajamahal Vilas II Stage Layout' insofar as 2 acres 7 guntas belonging to the petitioners, in Sy.No.33 of Bhupasandra Village, Kasba Hobli, Bangalore North Taluk is concerned, is declared as lapsed in terms of Section 27 of the Bangalore Development Authority Act, 1976. iii) However, since is contended by respondent-BDA that it has utilized the scheduled lands for formation of the layout, it is hereby directed that the respondent-BDA shall initiate acquisition - 8 - NC: 2026:KHC:1907-DB WA No. 1004 of 2024 C/W WA No. 447 of 2024 HC-KAR proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 and pay compensation together with all benefits, interest etc., to the petitioners in respect of the schedule land OR; iv) Allot alternative land equivalent to the market value of the scheduled lands OR; v) Allot developed lands/sites equivalent to the market value of the scheduled lands. vi) The entire exercise shall be completed as expeditiously as possible and at any rate within a period of six months from the date of receipt of a copy of this order."

7. Mr. B.S. Sachin and Sri K. Krishna, learned counsel for the appellants submit that the lands were already acquired and vested in the BDA and non-payment of compensation would not render acquisition proceedings void. On the last date of hearing i.e., on 17.12.2025, the following order was passed:- "Sri B.S. Sachin, learned counsel for the BDA submits that he will examine the judgment of the Supreme Court in Bernard Francis Joseph Vas and - 9 - NC: 2026:KHC:1907-DB WA No. 1004 of 2024 C/W WA No. 447 of 2024 HC-KAR others Vs. Government of Karnataka and others in order to take a decision whether the BDA wants to keep the land and pay the compensation as of the present market value to the respondents or it would like to reconcile with the judgment of learned Single Judge. Post these appeals on 13.01.2026."

8. Learned counsels appearing for the BDA has submitted that since the lands have already been put to use, there is no question of returning the lands to the land owners.

9. As the BDA would intend to retain the lands, now the question is that as the compensation was not paid to the land owners for all these years, what would be just and reasonable compensation to be paid by the BDA for the lands acquired in Sy.No.33 situated at Bhoopasandra Village, Kasaba Hobli, Bangalore North Taluk.

10. The Supreme Court in the recent case in BERNARD FRANCIS JOSEPH VAZ AND OTHERS Vs. GOVERNMENT OF - 10 - NC: 2026:KHC:1907-DB WA No. 1004 of 2024 C/W WA No. 447 of 2024 HC-KAR KARNATAKA AND OTHERS [(2025) 7 SCC 580] has held that where no compensation was paid for the lands acquired long back, the Karnataka Industrial Area Development Board would be required to pay the compensation at the market rate prevailing as on the date when the award was passed, after 22 years from the date of the final notification and possession was taken from the land owners.

11. In the present appeals, as no compensation was paid for all these years, the petitioners had to come before this Court. We dispose of these appeals with a direction to the appellants/BDA to pay the compensation at the market rate prevailing as on the date of filing of the writ petition in the year 2017 and interest thereon, as well as the other statutory benefits as provided under the Land Acquisition Act, 1894. We also direct the BDA to determine the compensation within a period of six weeks and pay the same to the land owners/predecessors in title. - 11 - NC: 2026:KHC:1907-DB WA No. 1004 of 2024 C/W WA No. 447 of 2024 HC-KAR

12. In view of disposal of the appeals, pending interim applications stand rejected. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE NG List No.: 1 Sl No.: 15