Bangalore Development Authority vs Smt Shanaz
2025 Latest Caselaw 9332 Kant

Karnataka High Court

Bangalore Development Authority vs Smt Shanaz on 23 October, 2025

                                       -1-
                                                NC: 2025:KHC:41703-DB
                                                  WA No. 853 of 2025


            HC-KAR




                IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 23RD DAY OF OCTOBER, 2025

                                    PRESENT
                 THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
                                       AND
                     THE HON'BLE MR. JUSTICE C.M. POONACHA
                       WRIT APPEAL NO. 853 OF 2025 (LA-BDA)
           BETWEEN:

           BANGALORE DEVELOPMENT AUTHORITY
           RAILWAY PARALLEL ROAD,
           KUMARA KRUPA ROAD,
           BANGALORE-560020,
           REPRESENTED BY ITS CHAIRMAN.
                                                        ...APPELLANT
           (BY SRI. SACHIN B S, ADVOCATE)

           AND:

Digitally  1.   SMT SHANAZ
signed by       W/O SHOUKATH
NIRMALA         AGED ABOUT 54 YEARS
DEVI
Location:  2.   SMT. NARSAMMA
HIGH COURT      W/O SHOUKATH
OF              AGED ABOUT 53 YEARS
KARNATAKA
           3.   SRI. ALLABAKASH
                S/O MOHAMMED MASOOD
                AGED ABOUT 63 YEARS

           4.   SMT. NAZEEMA
                W/O MOHAMMED SHAMMUN
                AGED ABOUT 51 YEARS.
                                -2-
                                          NC: 2025:KHC:41703-DB
                                             WA No. 853 of 2025


 HC-KAR




5.   SRI. LIYAKATH KHAN
     S/O FAKRULLA KHAN
     AGED ABOUT 61 YEARS

     RESPONDENT 1 TO 5 ARE
     R/AT SY.NO. 39/1 NAGADEVANHALLI VILLAGE,
     GNYNABHARTHI LAYOUT,
     KENGERI, BANGALORE-560060
                                        ...RESPONDENTS

     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED 11.09.2023 PASSED IN WP No-3099/2016 (LA-
BDA) PASSED BY THE LEARNED SINGLE JUDGE OF THIS
HONBLE COURT AND ETC.

     THIS APPEAL, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
       and
       HON'BLE MR. JUSTICE C.M. POONACHA

                       ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The appellant [BDA] has filed the present appeal impugning

an order dated 11.09.2023 passed by the learned Single Judge in

writ petition No.3099/2016 [LA-BDA], whereby the said petition was

allowed.

2. Respondents had filed the said petition impugning the

notification dated 19.01.1994, regarding acquisition of land to the

NC: 2025:KHC:41703-DB

HC-KAR

extent of 8 guntas falling in Survey No.39/1, situated in

Nagadevanahalli Village, Kengiri Hobli, Bangalore-South Taluk

[hereinafter referred to as 'subject land'].

3. Learned counsel appearing for the BDA does not dispute that

the notification for acquiring the land was quashed in terms of the

order passed in another writ petition and the said order has

attained finality. In view of the above, we find no infirmity with the

impugned judgment.

4. We also note that there is an inordinate delay of 570 days in

filing the appeal, which is also not sufficiently explained. There is

no credible ground for condoning the said delay.

5. In view of the above, the present appeal is dismissed both on

limitation as well as on merit.

Sd/-

(VIBHU BAKHRU) CHIEF JUSTICE

Sd/-

(C.M. POONACHA) JUDGE