Karnataka High Court
WP/5793/2026 of MR. MUNAFF A Vs BANGALORE DEVELOPMENT AUTHORITY on 11 September 2026
CNR: KAHC010128352026 NC: 2026:KHC:49779 WP No. 5793 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.5793 OF 2026 (LA-BDA) BETWEEN: 1. MR. MUNAFF . A S/O LATE SHEIKH APPU SAB, AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.5793 OF 2026 (LA-BDA)
BETWEEN:
1.
MR. MUNAFF .A
S/O LATE SHEIKH APPU SAB,
AGED ABOUT 76 YEARS,
R/AT VADERAPURA VILLAGE,
YELAHANKA HOBLI,
BENGALURU-560064.
2.
MR. AKRAM
S/O MR. MUNAFF .A
AGED ABOUT 40 YEARS,
R/AT VADERAPURA VILLAGE,
YELAHANKA HOBLI,
BENGALURU-560064.
3.
MR. ANSER
S/O MR. MUNAFF .A
AGED ABOUT 38 YEARS,
R/AT VADERAPURA VILLAGE,
YELAHANKA HOBLI,
BENGALURU-560064.
4.
MRS. MUSTAR BEGUM
W/O LATE AZAD
AGED 65 YEARS
R/AT VADERAPURA VILLAGE,
YELAHANKA HOBLI,
BENGALURU-560064.
5.
MR. BABA JAN
S/O LATE AZAD
AGED 38 YEARS
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
HC-KAR
R/AT VADERAPURA VILLAGE,
YELAHANKA HOBLI,
BENGALURU-560064.
6.
MRS. MUBEN TAJ
W/O LATE PYRE JAN
AGED 56 YEARS
R/AT VADERAPURA VILLAGE,
YELAHANKA HOBLI,
BENGALURU - 560064.
PETITIONERS NOS.1 TO 6
REPRESENTED BY THEIR
SPECIAL POWER OF ATTORNEY
MR. SADIK [7TH PETITIONER].
7.
MR. SADIK
S/O LATE PYRE JAN
AGED 32 YEARS
R/AT VADERAPURA VILLAGE,
YELAHANKA HOBLI,
BENGALURU-560064.
…PETITIONERS
(BY SRI. SARAVANA S., ADVOCATE)
AND:
1.
BANGALORE DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD,
KUMARA PARK WEST,
BENGALURU - 560020,
REPT. BY ITS COMMISSIONER.
2.
THE SPECIAL LAND ACQUISITION OFFICER,
BANGALORE BUSINESS CORRIDOR (BBC-01),
PERIPHERAL RING ROAD PROJECT,
BDA, BENGALURU – 560020.
3.
THE STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
VIKASA SOUDHA,
BENGALURU-560001.
…RESPONDENTS
HC-KAR
(BY SRI. GURUDAS S. KANNUR, SENIOR ADVOCATE FOR
SRI. GOWTHAMDEV C. ULLAL, ADVOCATE FOR R-1 & R-2; SRI. K. SHASHI KIRAN SHETTY, ADVOCATE GENERAL (V.C.) A/W
SMT. PANINI A.H. AGA FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
ANNEXURE-D IMPUGNED NOTICE BEARING NO. BEMAPRA /
VIBHOOSWAA (BBC-01) (PRR-1)/415/2025-26, DATED 09.12.2025; DECLARE THAT THE PRR ACQUISITION IN RESPECT OF
SY.NOS.23/1, 23/2 AND 23/3 OF VADERAPURA VILLAGE HAS
LAPSED UNDER SECTION 27 OF THE BDA ACT, AS PER
ANNEXURE-D
IMPUGNED
NOTICE
BEARING
NO.
BEMAPRA/VIBHOOSWAA (BBC-01) (PRR-1)/415/2025-26, DATED
09.12.2025 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL ORDER
1. The petitioners seek to quash the impugned notice dated 09.12.2025 and to declare that the acquisition proceedings in respect of the Peripheral Ring Road [the PRR] have lapsed under Section 27 of the Bengaluru Development Authority Act, 1976. The petitioners further seek to quash the preliminary notification dated 15.11.2006 and final notification dated 29.06.2007.
2. The petitioners claim to be the absolute owners of land bearing Sy.No.23, measuring 3 acres 27 guntas, situated at
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Vaderapura Village, Yelahanka Hobli, Bengaluru Urban District, Karnataka [the schedule property]. Respondent No.1-Bengaluru Development Authority [the BDA] acquired the schedule property for development of Bengaluru Business Corridor [the PRR Phace- 1] vide final notification dated 29.06.2007 issued under the provisions of Land Acquisition Act, 1894 [the Act]. Aggrieved by the same, the petitioners are before this Court.
3. It is the case of the petitioners that respondent No.2-Special Land Acquisition Officer [the SLAO] had notified a draft consent award dated 17.10.2025, offering various modes of compensation, including transfer of development rights. The petitioners were initially not inclined to accept the draft consent award and, consequently, respondent No.2 proceeded to pass the general award under Section 11(1) of the Act, determining the compensation payable to the petitioners.
4. Learned counsel for the petitioners submits that the petitioners do not intend to prosecute the present writ petition to the challenge of final notification dated 29.06.2007, as the petitioners have executed and signed consent documents on 07.05.2026,
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expressing their willingness to accept the compensation under the consent award mechanism. Learned counsel for the petitioners submits that the petitioners have also submitted representations requesting respondent No.1-BDA to pass a consent award in their favour. It is submitted that since the general award has already been passed, the SALO has become functus officio to pass the consent award and hence seeks necessary direction.
5. Learned counsel for respondent No.1-BDA fairly submits that, if the petitioners are willing to accept the consent award, the general award insofar as it relates to the petitioners may be set aside and their representations seeking a consent award would be positively considered.
6. Having regard to the submissions made and the fact that the petitioners are willing to accept the consent award, pursuant to the draft consent award dated 17.10.2025 and the consent documents executed by the petitioners on 07.05.2026, this Court pass the following:
ORDER
i. The writ petition is disposed of.
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ii. The general award insofar as it relates to the petitioners is concerned, is hereby set aside. iii. Respondent No.1-BDA shall consider and pass appropriate orders on the representations and accept the consent award in accordance with law. Pending interlocutory application stands disposed of.
Sd/- ____________________ JUSTICE K.S. HEMALEKHA
AT List No.: 1 Sl No.: 3.13