Landowners challenged a notification imposing a condition that 5% of total land be reserved as land bank for the Satellite Town Ring Road project. Following an earlier order in W.P.No.15250/2022 setting aside the same condition, the court set it aside here too, along with the relinquishment deed to the extent of 1989 sq. mtrs.
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:36989 WP No. 23611 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 23611 OF 2023 (LB-RES)
BETWEEN:
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
W/O T R GOPALAIAH @ T R GOPALAPPA
AGED ABOUT 49 YEARS,
D/O T R GOPALAIAH @ T R GOPALAPPA
NC: 2024:KHC:36989 WP No. 23611 of 2023
AGED ABOUT 52 YEARS S/O T R GOPALAIAH @ T R GOPALAPPA
PETITIONER Nos. 2 TO 16 ARE R/AT No.16, THINDLU VILLAGE, SARJAPURA HOBLI ANEKAL TALUK, BANGALORE - 560 097
- 3 - NC: 2024:KHC:36989 WP No. 23611 of 2023
PETITIONER Nos. 2 TO 16 ARE REPRESENTED BY THEIR POA HOLDER M/S VARAHA LAND PVT. LTD., REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MANJUNATHA REDDY R S/O B RAMA REDDY
…PETITIONERS
(BY SRI. SIDDHARTH B MUCHANDI, ADVOCATE)
AND:
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioners have sought for writ of certiorari, to quash the notification dated 20.05.2017 issued by respondent No.1 at Annexure-G, whereby condition is imposed that 5% of the total area shall be reserved as land bank.
NC: 2024:KHC:36989 WP No. 23611 of 2023
3. Learned Additional Government Advocate and
the learned counsel appearing for the Satellite Town Ring Road Planning Authority, submits that, as against the order in W.P.No.15250/2022, an appeal has been filed and there is no interim order in this petition.
"i) Writ petition is allowed.
ii) The impugned notification dated 20.5.2017 issued by the 1st respondent at Annexure-H insofar as it relates to imposing additional condition that 5% of the total area shall be reserved as land bank for Satellite Town Ring Road project at the time of approval of development of the land and the same shall be relinquished in favour of the Satellite Town Ring Road Planning Authority i.e. respondent No.2 and also the communication dated 10.7.2018 at Annexure-J issued by the 2nd respondent insofar as it relates to condition No.5 mandating the petitioner to reserve 5% of the total land as land bank for Satellite Town Ring Road project and relinquish the same in favour of respondent No.2
free of cost are hereby quashed and consequently relinquishment deed dated 23.2.2019 is also held to be illegal and void.
It is made clear that in the event of land belonging to the petitioner is required for public purpose, the same shall be acquired by the government by following the due process of law as enumerated under Article 300A of the Constitution of India and also Section 69 and 70 of KTCP Act.
It is needless to state that the petitioner is at liberty to develop the subject land in accordance with law."
15250/2022, the condition mandating reservation of 5% of the total land for land Bank for the Satellite Town Ring Road Project is set aside as also the relinquishment deed to the extent of 1989.00 sq. mtrs. Needless to state that, in the event, there is any reversal of the order in the writ appeal that is stated to have been filed by the State in W.A.No.1367/2023 and to be filed by the Planning
NC: 2024:KHC:36989 WP No. 23611 of 2023
Authority against the above said order, the petitioners
would be bound by the same.
Sd/(ASHOK S.KINAGI) JUDGE
SSB
1 issue framed by the court
Whether petitioners are entitled to the same relief as in W.P.No.15250/2022 quashing the 5% land bank condition and relinquishment deed.
M/S VARAHA LAND PVT. LTD.
T R GOPALAIAH @ T R GOPALAPPA
SHANTHAMMA
T R NAGARAJU
STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT
SATELLITE TOWN RING ROAD (STRR) PLANNING AUTHORITY BMRDA
ASHOK S.KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
