Mrs. Fahmida Vs the State of Karnataka — Land Acquisition | Karnataka HC (2026)

Mrs. Fahmida Vs the State of Karnataka — Land Acquisition | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Declaration that the preliminary notification bearing No.BDA/SLAO/A1/324/88-89 dated nil (published in the Karnataka Gazette dated 06.04.1989) and the final notification dated 16.09.1997 (published in the Karnataka Gazette Part III-1 dated 17.09.1997), by which the petitioners' land Sy. No.19/2C measuring 30 guntas at Konanakunte Village was acquired for Banashankari V Stage Layout, have lapsed.

Issue for consideration

Whether the acquisition proceedings in respect of the petitioners' schedule property — preliminary notification No.BDA/SLAO/A1/324/88-89 dated nil (published in Karnataka Gazette dated 06.04.1989) and final notification dated 16.09.1997 (published in Karnataka Gazette Part III-1 dated 17.09.1997) — have lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. +1 more

Court's answer

The preliminary notification bearing No.BDA/SLAO/A1/324/88-89 dated nil (published in the Karnataka Gazette dated 06.04.1989) and the final notification dated 16.09.1997 (published in the Karnataka Gazette Part III-1 dated 17.09.1997), under which the petitioners' land bearing Sy. No.19/2C measuring 30 guntas at Konanakunte Village, Uttarahalli Hobli, Bengaluru South Taluk was acquired for formation of Banashankari V Stage Layout, are declared as having lapsed.

Ratio / Principle

Since the Division Bench judgment dated 03.01.2020 in W.A. No.435/2017 c/w W.A. No.595/2016 upholding the lapse of the Banashankari V Stage Layout scheme under Section 27 of the BDA Act, 1976 was not disputed by learned counsel for respondent Nos.2 and 3, the petitioners are entitled to be treated alike, and the petition is allowed.

Detailed headnote1 paragraphs

High Court of Karnataka (R. Nataraj, J.) allowed Writ Petition No. 8229 of 2015 (LA-BDA). The acquisition of the petitioners' land bearing Sy. No.19/2C measuring 30 guntas at Konanakunte Village, Uttarahalli Hobli, Bengaluru South Taluk for formation of Banashankari V Stage Layout — pursuant to preliminary notification No.BDA/SLAO/A1/324/88-89 dated nil (published in the Karnataka Gazette dated 06.04.1989) and final notification dated 16.09.1997 (published in the Karnataka Gazette Part III-1 dated 17.09.1997) — was declared as having lapsed. The Court followed the Division Bench judgment dated 03.01.2020 in W.A. No.435/2017 connected with W.A. No.595/2016, which upheld the order dated 02.02.2016 in W.P. Nos.13374 to 13375/2013 declaring that the Banashankari V Stage Layout scheme had lapsed in view of its non-implementation within five years as mandated under Section 27 of the Bangalore Development Authority Act, 1976; counsel for respondent Nos.2 and 3 did not dispute this, and the petitioners were held entitled to be treated alike. The petition had been filed under Article 226 of the Constitution of India invoking Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the ground of abandonment of the scheme.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 8229 OF 2015 (LA-BDA)

BETWEEN:

MRS. FAHMIDA W/O LATE SYED MOHIDEEN, AGED ABOUT 70 YEARS,

SYED TANVEER AHMED S/O LATE SYED MOHIDEEN, AGED ABOUT 41 YEARS,

BOTH THE ABOVE RESIDING AT NO.2832, 2^ND STAGE, 2^ND PHASE, NEAR WATER TANK, DEVANUR LAYOUT, RAJIVNAGARA, UDAYAGIRI, MYSORE-570 019.

Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA

SMT. SYEDA MUTAHARIN FATHIMA W/O SYED MUJAHID, AGED ABOUT 49 YEARS, R/A DOOR NO.779, 17^TH B MAIN ROAD, 5^TH BLOCK, RAJAJINAGAR, BANGALORE-560 010.

MRS. YASMEEN W/O MR.SYED RASHID HUSSAIN, AGED ABOUT 38 YEARS, R/A NO.3/41, 10^TH CROSS, 3^RD BLOCK EAST, JAYANAGAR, BANGALORE-560 004.

…PETITIONERS

(BY SRI. G.V.SUDHAKAR, ADVOCATE)

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AND:

THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT AUTHORITY, M.S.BUILDING, BANGALORE-560 001. REPRESENTED BY ITS SECRETARY

THE BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020, BY ITS COMMISSIONER.

THE SPECIAL LAND ACQUISITION OFFICER THE BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560 020.

…RESPONDENTS

(BY SMT. POOJA M. KOORSE, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;

SRI. B.S.KARTHIKEYAN, ADVOCATE FOR RESPONDENT NOS.2 AND 3)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACQUISITION PROCEEDING INITIATED BY THE RESPONDENTS IN RESPECT OF THE 'SCHEDULE PROPERTY' PURSUANT TO THE NOTIFICATION NO.BDA/SLAO/A1/324/88-89 DATED NIL AND PUBLISHED IN THE KARNATAKA GAZETTE DATED 06.04.1989 VIDE ANNEXURE-'A', AND THE NOTIFICATION DATED 16.09.1997 AND PUBLISHED IN THE KARNATAKA GAZETTE PART III-1 DATED 17.09.1997, ANNEXURE-'B' HAS LAPSED IN VIEW OF SECTION 24[2] OF THE 'RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT,

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2013 [30 OF 2013] AND ALSO ON THE GROUND OF ABANDONMENT OF THE SCHEME AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioners have sought for a declaration that the acquisition proceedings initiated by the respondents in respect of the petition schedule property pursuant to the notification bearing No.BDA/SLAO/A1/324/88-89 dated nil issued by the respondent No.2 and published in the Karnataka Gazette dated 06.04.1989 and the final notification dated 16.09.1997 issued by the respondent No.1 published in the Karnataka Gazette Part III-1 dated 17.09.1997 has lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act, 2013').

When this petition is listed for preliminary hearing in 'B' group, it is brought to the notice of this Court that Division Bench of this Court in terms of a judgment dated

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03.01.2020 rendered in W.A. No.435/2017 connected with W.A. No.595/2016 has upheld the order dated 02.02.2016 passed in W.P. Nos.13374 to 13375/2013, where a learned Single Judge of this Court had declared that the Scheme of formation of Banashankari V Stage Layout formulated by the Bangalore Development Authority and approved by the State in respect of the land of the petitioner therein situate in Uttarahalli village, Bangalore South Taluk, had lapsed in view of its non-implementation within five years as mandated under Section 27 of the Bangalore Development Authority Act, 1976 .

This is not disputed by the learned counsel for respondent Nos.2 and 3. In that view of the matter, the petitioners are entitled to be treated alike.

Consequently the Petition is allowed . The preliminary notification bearing No.BDA/SLAO/A1/324/88-89 dated nil issued by the respondent No.2 and published in the Karnataka Gazette dated 06.04.1989 and the final notification dated 16.09.1997 issued by the respondent No.1 and published in the Karnataka Gazette Part III-1 dated 17.09.1997 in terms of which, the land bearing Sy. No.19/2C measuring 30 guntas

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situate at Konanakunte Village, Uttarahalli Hobli, Bengaluru South Taluk, belonging to the petitioners was acquired for the purpose of formation of Banashankari V Stage Layout is declared as having lapsed.

Sd/(R. NATARAJ) JUDGE

SMA/List No.: 1 Sl No.: 61