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Smt Ningajamma v. State of Karnataka

Karnataka HC17 Oct 2025WP/13181/2015

Case brief

AI extract

What is this about?

Karnataka HC writ petition (LA-BDA) by Ningajamma against BDA land acquisition: challenge to BDA Preliminary Notification dtd. 21.05.2008 (Annex-E) and Final Notification under Section 19(1) B.D.A. Act dtd. 18.02.2010 (Annex-G); alternative prayer for betterment charges and regularization; joint survey directed on 16.09.2025; survey report placed property in 'Not Notified Area' (NNA), outside notified acquisition area; relief held redressed; writ petition disposed of. Bench: Justice K.S. Hemalekha. Statutes: Articles 226 and 227, Constitution of India; Section 19(1), B.D.A. Act. No precedents cited.

What did the court decide?

No specific relief formally granted; the Court held that, the survey report showing the petitioner's property to be outside the notified acquisition area, the relief sought stands redressed, and disposed of the writ petition.

Smt Ningajamma Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:41593 WP No. 13181 of 2015

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 13181 OF 2015 (LA-BDA)

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BETWEEN:

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SMT NINGAJAMMA, W/O SRI HONNEGOWDA, AGED ABOUT 67 YEARS, R/A GORAVANAHALLI VILLAGE, BYCHANAHALLI POST, KASABA HOBLI, HARAKALAGUDU TALUK, HASSAN DISTRICT, (SENIOR CITIZEN BENEFITS NOT CLAIMED)

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…PETITIONER

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(BY SMT B V VIDYULATHA, ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA, DEPARTMETN OF HOUSING & URBAN DEVELOPMENT, VIKASA SOUDHA, BANGALORE-560001, REPRESENTED BY ITS SECRETARY.

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BANGALORE DEVELOPMENT AUTHORITY, K P WEST EXTENSION, BANGALORE-560020, REPRESENTED BY ITS COMMISSIONER.

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ADDITIONAL LAND ACQUISITION OFFICER, BANGALORE DVELOPMENT AUTHORITY, BANGALORE-560020, REPRESENTED BY ITS GENERAL SECETARY.

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…RESPONDENTS

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(BY SRI HARISHA A S, AGA FOR R1, SRI MURUGESH V CHARATI, ADVOCATE FOR R2 AND R3)

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2 - NC: 2025:KHC:41593 WP No. 13181 of 2015

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION ISSUED BY THE R-2 DTD.21.5.2008 PUBLISHED IN KARNATAKA GAZETTE ON 22.5.2008 AT ANNEX-E IN SO FAR AS TO THE PETITIONERS SCHEDULE LAND IS CONCERNED AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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The petitioner in this Writ Petition is before this Court

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seeking for the following reliefs:

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"1. Issue a Writ of Certiorari or any other similar Writ or Direction quashing the Preliminary Notification issued by the 2^nd respondent No. B.D.A./ COMMR/ DC(LA)/ ALAO/ 158/ 20082009, Bangalore dated 21.05.2008 published in Karnataka Gazette on 22.05.2008 at ANNEXURE-E, in so far as to the Petitioners' Schedule Land is concerned.

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2. Issue a Writ of Certiorari or any other similar Writ or Direction quashing the Final Notification issued by the 2^nd Respondent under Section

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3 - NC: 2025:KHC:41593 WP No. 13181 of 2015

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HC-KAR

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19(1) of the B.D.A. Act bearing No.UDD 51 MNX 2010, Bangalore dated 18.02.2010 published in the Karnataka Gazette on 18.02.2010 at ANNEXURE-G in so far as to the Petitioners' Schedule Land is concerned.

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(or in the alternative)

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3. Issue a Writ of Mandamus or any other similar Writ of Order or Direction directing Respondents to collect the Betterment Charges and to regularize the Schedule Property in favour of the Petitioner as per their own policy as stated in ANNEXURE-L.

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4. Pass such other Writ, Orders or Directions that this Hon'ble court deems fit to grant in the interest of justice and equity and in the facts and circumstances of the case."

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This Court, by order dated 16.09.2025,

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directed the Bangalore Development Authority (for short 'BDA') to conduct a joint survey in the presence of the petitioner to resolve the dispute.

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NC: 2025:KHC:41593 WP No. 13181 of 2015

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HC-KAR

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Pursuant to the said order, joint survey was

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conducted, and the BDA has filed a memo enclosing the survey report.

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The relevant portion of the survey report reads

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as under:

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"²æÃªÀÄw ¤AUÀdªÀÄä PÉÆÃA ºÉÆÃ£ÉßUËqÀ gÀªÀgÀ ¸ÀéwÛ£À ¸ÀªÉð £ÀA§gï zÁR¯ÉAiÀÄAvÉ 44/1 I2 DVzÀÄÝ, 00 JPÀj - 02 UÀÄAmÉ ¥ÀæzÉÃ±ÀªÀªÀÅ C¼ÀvÉ ªÀiÁr £ÀPÉë vÀAiÀiÁj¹zÉ. ¸ÀzÀj ¥ÀæzÉÃ±ÀªÀÅ J¥ï.J£ï. £ÀPÉëAiÀÄAvÉ J£ï.J£ï.J ¥ÀæzÉÃ±ÀzÉÆ¼ÀUÉ PÀAqÀÄ§A¢zÀÄÝ ¸ÀzÀj ¥ÀæzÉÃ±ÀªÀ£ÀÄß ºÀ¼À¢ §tÚ¢AzÀ UÀÄgÀÄw¹zÉ"

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The yellow mark portion in the survey report

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indicates 'Not Notified Area' (for short 'NNA') and it is evident that the petitioner's scheduled property falls within such portion, meaning it is not included in the area notified for acquisition.

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