WP/15948/2026 of MRS MARIAMMA SAMUEL Vs THE STATE OF KARNATAKA on 2 June 2026

ORAL ORDER

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present writ petition has been filed impugning the endorsements dated 22.04.2026 and 21.01.2026, whereby the petitioner's representations dated 24.02.2025 and 04.04.2026 for dropping the acquisition proceedings in respect of 1 acre 5 guntas of her land, out of the total extent of 1 acre 34 guntas in Sy.No.23/1 situated at Byalakere Village, Shivakote Post, Hesaraghatta Hobli, Bengaluru North Taluk, got rejected.

2. The Bangalore Development Authority (BDA) had issued the Preliminary Notification dated 19.08.2022 under Section 17(1) and of the Bangalore Development Authority Act, 1976 (hereinafter referred to as 'the BDA Act') notifying 245 acres 16 guntas of land of several villages for formation of "Dr. K. Shivarama Karantha Layout". The Final Notification was issued on 18.10.2022. The final notification also includes the

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petitioner's land of 1 acre 34 guntas in Survey No.23/1 situated in the aforesaid Village.

3. The petitioner had filed W.P.No.19966/2023 challenging the Final Notification dated 18.10.2022 in respect of her land bearing Survey No.23/1 measuring 1 acre 34 guntas as mentioned above. The said writ petition came to be disposed of vide order dated 21.09.2023 with liberty to the petitioner to make a representation before the Hon'ble Justice A.V. Chandrashekar Committee (hereinafter referred to as 'the said Committee') appointed by the Supreme Court to consider the cases of the landowners for deletion of their lands from the land acquisition proceedings.

4. In pursuance to the said liberty granted by the learned Single Judge vide order dated 21.09.2023, the petitioner had made the representation dated 17.10.2023 before the said Committee seeking deletion of her land from the land acquisition proceedings. The said

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representation came to be rejected by the said Committee vide order dated 18.12.2023.

5. The petitioner had thereafter filed the second writ petition, being W.P.No.1458/2024, impugning the order dated 18.12.2023 passed by the said Committee as well as made a prayer for quashing the Final Notification dated 18.10.2022 so far as the petitioner's land of 1 acre 34 guntas in Survey No.23/1 was concerned.

6. A Co-ordinate Bench of this Court, vide order dated 10.01.2025, had disposed of the said writ petition on the innocuous prayer made by the learned counsel for the petitioner giving liberty to the petitioner to make a representation before the BDA and the BDA was directed to consider the representation in accordance with law and if necessary, after giving an opportunity of hearing to the petitioner, who claims to be running an industry and the said area would be required by her for running the said industry.

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7. In pursuance to the liberty granted by the Co- ordinate Bench vide order dated 10.01.2025, the petitioner made a fresh representation before the Special Land Acquisition Officer, BDA for deletion of 1 acre 5 guntas of land inasmuch as she has no objection with respect to 7 guntas of land earmarked for the road. The said representation filed by the petitioner, in pursuance to the liberty granted by the Co-ordinate Bench, has been rejected vide impugned endorsements dated 21.01.2026 and 22.04.2026.

8. As per the final notification, 1 acre 12 guntas of land was acquired out of 1 acre 34 guntas of land of the petitioner for formation of 'Dr. K. Shivarama Karantha Layout' leaving out 22 guntas of land where Hewpack India Private Limited factory was existing. The Town Planning Consultant of the said Committee has given the report after verifying the Special Land Acquisition Officer's report that the BDA had left enough space for beneficial

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enjoyment around the factory building and also factory building would be having direct approach from the existing road on the northern side as was evident from the survey sketch submitted by the Special Land Acquisition Officer.

9. We have carefully gone through the order of the said Committee which has considered the report filed by the Special Land Acquisition Officer as well as the report of the Town Planning Consultant. The Committee's order rejecting the petitioner's representation would specifically mention that enough area has been left around the factory premises of the petitioner and the 22 guntas of land where the factory is situated has not been acquired and only 1 acre 12 guntas of land has been acquired. The 22 guntas of land is more than enough for the factory premises.

10. Considering the aforesaid order passed by the said Committee, which is a well-reasoned order, we find no reason to interfere with the factual finding recorded by the Committee regarding the requirement of the petitioner

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to run the factory. We, therefore, dismiss the writ petition, however, without costs.

Sd/- (D K SINGH) JUDGE

Sd/- (T.M.NADAF) JUDGE

PK/bkv List No.: 1 Sl No.: 11 ct-vn