Disposed¶36

E H Lakshman v. the State of Karnataka

Karnataka HC24 Jan 2025WP/26806/2018

Case brief

AI extract

What is this about?

Land acquisition - Bangalore Development Authority - consent award dated 16.12.2015 under Section 11 of the BDA Act excluding petitioner's land (1 acre 14 guntas out of Sy.No.64/4, Kodigehalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk) - challenge under Articles 226 and 227 of the Constitution to Notification dated 18.02.2010 (No. UDD 51 MNX 2010, Annexure-A) issued by Urban Development Department - writ petition disposed of, no requirement to quash notification as land not acquired.

What did the court decide?

None; the writ petition was disposed of without quashing the notification dated 18.02.2010. ¶36

E H Lakshman Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:3256 WP No. 26806 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 26806 OF 2018 (LA-BDA)

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BETWEEN:

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E H LAKSHMAN

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S/O LATE HONGYAPPA AGED ABOUT 60 YEARS, R/O NO.1, 5^TH CROSS RANGANATHPURA SYNDICATE BANK COLONY KAMAKSHIPALYA BANGALORE-560 079.

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Digitally signed by ROOPA R U Location: High Court of Karnataka

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SMT PUSHPA N.M. W/O E.H. LAKSHMAN AGED ABOUT 54 YEARS, R/O NO.1, 5^TH CROSS RANGANATHPURA SYNDICATE BANK COLONY KAMAKSHIPALYA BANGALORE-560 079.

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(BY SRI. JAGADISH D. HIREMATH, ADVOCATE)

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…PETITIONERS

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT 4^TH FLOOR, VIKASA SOUDHA BANGALORE-560 001.

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BANGALORE DEVELOPMENT AUTHORITY SANKEY ROAD, BANGALORE

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NC: 2025:KHC:3256 WP No. 26806 of 2018

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REPRESENTED BY ITS COMMISSIONER -560 020.

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…RESPONDENTS

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(BY SRI. HANUMANTHARAYA LAGALI, AGA FOR R1; SRI. SACHIN B.S., ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 18.02.2010 VIDE ANNEXURE-A ISSUED BY R-1 IN SO FAR AS PETITIONERS LANDS ARE CONCERNED AS THE SAME IS NOT ACQUIRED UNDER THE IMPUGNED NOTIFICATION.

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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 M.G.S. KAMAL

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ORAL ORDER

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Petitioners are before this Court claiming to be owners of land measuring 1 acre 14 guntas forming part of Sy.No.64/4 out of 1 acre 20 guntas situated at Kodigehalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk, claiming to have purchased the same under registered deeds of sale dated 01.10.2007 seeking following relief:

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"Issue a Writ in the nature of Certiorari thereby quashing the Notification dated 18.2.2010 bearing No UDD 51 MNX 2010 vide ANNEXURE-A issued by Respondent No.1 in so far as Petitioners lands are concerned as the same is not acquired under the impugned Notification."

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3 - NC: 2025:KHC:3256 WP No. 26806 of 2018

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Learned counsel for the respondent-BDA drawing the attention of this Court to the consent award/award dated 16.12.2015 passed by the respondent Land Acquisition Officer under Section 11 of the BDA Act produced at Annexure-F to the petition, more specifically referring to the statement made at page 5 of 8 of the said award which reads as under:

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"E.ºÉZï.®PÀëöäuï ©£ï ºÉÆAUÀ¥ÀàgÀªÀgÀÄ 1-14 UÀÄAmÉ d«ÄÃ£ÀÄ CAwªÀÄ C¢ü¸ÀÆZÀ£É £ÀPÉëAiÀÄAvÉ ¨sÀÆ¸Áé¢üÃ£À¢AzÀ ºÉÆgÀvÀÄ¥Àr¹gÀÄªÀ ¥ÀæzÉÃ±ÀªÁVgÀÄvÀÛzÉ".

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submits that since the land belonging to the petitioner

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No.1 has been excluded, the petition does not survive for consideration.

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Learned counsel for the petitioners at this juncture submits that the land which is excluded belongs to petitioner No.1 and petitioner No.2 does not have any interest in the properties acquired. He does not dispute the aforesaid statement found/made in the award dated 16.12.2015.

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