Writ petition challenging the acquisition of land by BDA for Nadaprabhu Kempegowda Layout. Relying on a Division Bench order in W.A.No.1783 of 2014 which upheld the acquisition subject to conditions for landowners, the Single Judge disposed of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:46066 WP No. 17226 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.17226 OF 2024 (LA-BDA)
BETWEEN:
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
BENGALURU - 560 091.
RA/T NO.225, KANNALLI KODGIEHALLI BENGALURU - 560 091.
KANNAHALLI VILLAGE, KODIGEHALLI POST, YESHWANTHPURA HOBLI BENGALURU - 560091.
KODIGEHALLI BENGALURU - 560091.
…PETITIONERS
(BY SRI. SUNDARESH H.C., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. RAVINDRANATH B., AGA FOR R1; SRI. B.S. KARTHIKEYAN, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE SCHEME IN RESPECT OF ACQUISITION OF LAND IN SY.NO.113/1, OF KANNAHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK FOR THE FORMATION OF NADAPRABHU KEMPEGOWDA LAYOUT, PURSUANT TO THE PRELIMINARY NOTIFICATION BEARING NO.
BDA/COMMR/DC(LA)/ALAO/158/2008-09 DATED 22.05.2008 U/S 17 OF BDA ACT AND FINAL DECLARATION BEARING NO. UDD 51 MNX 2010 DATED 18.10.2010 U/S 19(1) OF THE BDA ISSUED BY THE RESPONDENT NO.2 AS PER ANNEXURE-J AND K RESPECTIVELY HAVE BEEN ABANDONED AND LAPSED U/S 27 OF THE BDA ACT SO FAR IT RELATES TO THE PROPERTIES OF THE PETITIONERS BEARING NO. 17, 18, 32, 33, 37, 38, 40, 42, 48, 51, 52, 54, 55, 56, 57, 58, 62, 73, 76, 77 SITUATED AT VEERABHADRESWHARA LAYOUT FORMED IN SY.NO. 113/1 OF KANNAHALLI VILLAGE PURSUANT TO SALE DEED AS PER ANNEXURE-B, TO B5 AND RESPECTIVELY; AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL ORDER
Heard the learned counsel appearing for the parties .
"i) The above appeals filed by the BDA are allowed;
NC: 2024:KHC:46066 WP No. 17226 of 2024
ii) The order dated 11.07.2014 passed by the learned Single Judge in WP No.32186/2010 and other connected writ petitions is set aside. The orders passed in writ petitions which are decided placing reliance on the order dated 11.07.2014 passed in WP No.32186/2010 and other connected writ petitions are also set aside;
iii) The preliminary notification bearing No. BDA/COMMR/DC(LA)/ALAO/158/2008-2009, Bangalore, dated 21.5.2008 and the final notification bearing No. UDD 51 MNX 2010, Bangalore, dated 18.2.2010 issued for acquisition of lands for the formation of the "Nadaprabhu Kempegowda Layout" are upheld subject to the following conditions: a) With regard to the land owners (excluding the site owners):
i) All the land owners/ writ petitioners who are seeking for dropping of their lands from acquisition on the ground that their lands are (1) nursery lands; (2) situated within green belt; (3) totally built up; (4) that the buildings are constructed by religious/ charitable educational institutions; (5) that similar adjoining lands have been either left out from acquisition or de-notified, are permitted to make an application to the BDA seeking for dropping of their lands from acquisition by producing all such material
NC: 2024:KHC:46066 WP No. 17226 of 2024
that they deem fit/ necessary in support of their applications within 3 months from today;
ii) The BDA shall consider each of the said application/s keeping in mind the status of the lands as on the date of the preliminary notification and without taking into consideration any developments/ improvements/ constructions made subsequent to the preliminary notification;
iii) The BDA shall complete the exercise of considering the applications of the writ petitioners and deciding on the same within an outer limit of six months from today;
iv) The BDA, upon consideration of the application shall intimate the writ petitioners about its decision;
v) If the BDA is of the opinion that the acquisition will have to be proceeded with, the BDA is at liberty to proceed further in accordance with law;
b) Insofar as the site owners who have not made an application as contemplated in para (iii) (a) hereinabove:
i) They shall register themselves for allotment under the BDA (Allotment of Sites) Rules, 1984 within three months from today by paying the registration fee. However, payment of initial deposit by them is exempted. The necessary documents along with the
said applications are also to be filed to enable the BDA to verify the same;
ii) The BDA shall treat the applications as being entitled for priority allotment and allot each of them a site measuring 30x40 feet in the Nadaprabhu Kempegowda Layout at the prevailing allotment prices subject to the applicants satisfying the dual requirements of allotment under the Rules that they must be the residents of Bengaluru (for 10 years) and should not be owning any residential property in Bengaluru;
iii) In case the applicants/ writ petitioners do not fulfill the requirements for allotment under the Rules, 1984 they may be considered for allotment of 20x30 feet sites as per the Bangalore Development Authority (Incentive Scheme for Voluntary Surrender of Land) Rules, 1989;
c) Insofar as the owners of residential sites who form part of layout and who have sought for dropping their lands from acquisition in accordance with para (iii) (a) hereinabove, the BDA shall consider the same having regard to the observations made at para 66 hereinabove. If the BDA rejects their applications, the site owners who have first filed applications pursuant to para (iii) (a) hereinabove, shall be entitled to a further period of one month after the decision as contemplated therein is
NC: 2024:KHC:46066 WP No. 17226 of 2024
intimated to opt to and apply in the manner as contemplated in para (iii) (a) hereinabove.
iv) Till the aforesaid exercise directed to the undertaken by the BDA and the applications filed by the writ petitioners, either for allotment of sites or for dropping of the lands from acquisition are considered, their possession shall not be disturbed and the existing construction shall not be demolished.
v) In view of the allowing of the above appeals, pending interlocutory applications, if any, stand disposed of.
No costs."
Taking into consideration that the petitioners have
that they have put up construction and therefore, in terms of the judgment referred to above, the writ petition is
disposed of .
SD/(E.S.INDIRESH) JUDGE
SB
List No.: 1 Sl No.: 29
1 issue framed by the court
Whether the acquisition of land for the formation of Nadaprabhu Kempegowda Layout has been abandoned and lapsed under Section 27 of the BDA Act.
Colour shows how this judgement treated each authority
W.A.No.1783 of 2014Referred¶45
W.A.No.1783 of 2014
4 provisions across 2 enactments
Smt. Shylaja H A
Kathayini C
Ramalingaiah
Dayananda
Sumavathi D
Seemanthini B.L.
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
