Landowners challenged BDA acquisition proceedings for the Nadaprabhu Kempegowda Layout and sought protection from dispossession. The Single Judge, following the Division Bench's order in W.A.No.1783/2014 and connected appeals, permitted them to approach the BDA under that order's terms and disposed of the writ petition.
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NC: 2024:KHC:51504 WP No. 25979 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 25979 OF 2023 (LA-BDA)
BETWEEN:
Digitally signed by SHARMA ANAND CHAYA
Location: High Court of Karnataka
AGED ABOUT 55 YEARS,
ALL THE PETITIONERS ARE RESIDING AT SY NO. 28/3, ON THEIR RESPECTIVE HOUSES, AT KODIGEHALLI VILLAGE, KODIGEHALLI GRAMA PANCHAYATI, YESHVANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560 092.
…PETITIONERS
(BY SRI. VENKATARAMA REDDY.L, ADVOCATE)
AND:
BY ITS SECRETARY, DEPARTMENT OF HOUSING URBAN DEVELOPMENT VIDHANA SOUDHA, BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. RAVIDRANATH.B, AGA FOR R1; SRI. K. KRISHNA, ADVOCATE FOR R2 AND R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) CALL FOR RECORDS FROM RESPONDENTS AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL ORDER
In this writ petition, the petitioners are assailing the impugned acquisition proceedings, inter alia sought for direction to respondents not to dispossess the petitioners from the schedule property.
" i) The above appeals filed by the BDA are allowed;
ii) The order dated 11.7.2014 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 11.7.2014 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):
NC: 2024:KHC:51504 WP No. 25979 of 2023
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 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 applications 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 applicants 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 a 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 intimated to opt to and apply in the manner as contemplated in para (iii)(b) hereinabove.
iv) Till the aforesaid exercise directed to be 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."
NC: 2024:KHC:51504 WP No. 25979 of 2023
the Division Bench of this Court, the petitioners are permitted to approach the respondent-BDA, in terms of the order passed
by the Division Bench in the aforementioned appeal.
With this observation, writ petition stand disposed of .
SD/(E.S.INDIRESH) JUDGE
PK
List No.: 1 Sl No.: 0 CT: BHK
1 issue framed by the court
Whether the petitioners are entitled to relief against acquisition of their land in Sy.No.28/3, Kodigehalli Village, in light of the Division Bench judgment dated 22.02.2024 in W.A.No.1783/2014.
SMT. S. YASHODA AND OTHERS
THE STATE OF KARNATAKA
THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY
THE SPECIAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY
E.S. INDIRESH
As recorded by the court registry
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