Disposed

Smt Mangalamma v. State of Karnataka

Karnataka HC18 Dec 2024WP/34198/2024

Case brief

AI extract

What is this about?

Site owners sought de-notification of their land from BDA acquisition for Kempegowda Layout. Following the Division Bench guidelines in W.A.No.1783/2014 (decided 22.02.2024), the court directed petitioners to make a fresh representation within two weeks and BDA to consider it within four months, with no coercive steps meanwhile.

What did the court decide?

Direction to BDA to consider petitioners' representation within four months per DB guidelines; no coercive steps till then.

Smt Mangalamma Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

¶1

- 1 NC: 2024:KHC:52314 WP No. 34198 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 18^TH DAY OF DECEMBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.34198 OF 2024 (LA-BDA)

¶6

BETWEEN:

¶7

SMT. MANGALAMMA W/O K.M. ACHUTHKUMAR AGED ABOUT 68 YEARS R/O HOUSE NO.189 AND 190, IN SY. NO.86, KANNALLI VILLAGE YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK BENGALURU - 560 010.

¶8

Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka

¶9

SMT. A.M. PUSHPA W/O C BASAVARAJ AGED ABOUT 49 YEARS HOUSE NO. 188 IN SY.NO. 86, KANNALLI VILLAGE YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK BENGALURU - 560 010.

¶10

SMT. A.M. CHAMPAKA W/O M. PRAKASH AGED ABOUT 47 YEARS R/O HOUSE NO.188/1 IN SY.NO.86, KANNALLI VILLAGE YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK BENGALURU - 560 010.

¶11

- 2 NC: 2024:KHC:52314 WP No. 34198 of 2024

¶12

SRI LASKHMAN NAM S/O LATE N L GOVINDARAJ SHETTY AGED ABOUT 45 YEARS R/O HOUSE NO. 195, IN SY. NO. 86 KANNALLI VILLAGE YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK BENGALURU - 560 010.

¶13

SRI. N. KRISHNAPPA S/O NARASI GOWDA AGED ABOUT 60 YEARS R/O HOUSENO.155, IN SY. NO.86, KANNALLI VILLAGE YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK BENGALURU - 560 010.

¶14

SRI. RONAK H. PATEL S/O HARESH B. PATEL AGED ABOUT 41 YEARS R/O HOUSE NO.106 (IN SY. NO. 93/5) R/O NO.536 MAHAVEER NIVAS 64^TH CROSS, 5^TH BLOCK RAJAJINAGAR BENGALURU - 560 010.

¶15

SRI. D. SHIVAKUMAR S/O K.M. DEVARAJU AGED ABOUT 52 YEARS

¶16

SRI. D. KEERTHI KUMAR S/O K.M. DEVARAJU AGED ABOUT 49 YEARS KANNALLI VILLAGE YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560 010.

¶17

- 3 NC: 2024:KHC:52314 WP No. 34198 of 2024

¶18

SMT. VIJAYALAKSHMI M. W/O H. RAMESH AGED ABOUT 43 YEARS SITE NO.168 2^ND STAGE, 8^TH MAIN ROAD BHARATH NAGAR MAGADI ROAD VISHWANEEDAM POST BENGALURU - 560 091.

¶19

…PETITIONERS

¶20

(BY SRI. L.M. CHIDANANDAYYA, ADVOCATE)

¶21

AND:

¶22

STATE OF KARNATAKA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY URBAN DEVELOPMETNDEPARTMENT 4^TH FLOOR VIKASA SOUDHA BENGALURU - 560 001.

¶23

BENGALURU DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER KUMARA PARK WEST BENGALURU - 560 020.

¶24

ADDITIONAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST BENGALURU - 560 020.

¶25

…RESPONDENTS

¶26

(BY SRI. RAVINDRANATH B., AGA FOR R1;

¶27

SRI. K. KRISHNA, ADVOCATE FOR R2 AND R3)

¶28

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO DELETE/DE-NOTIFY THE LAND

¶29

¶30

NC: 2024:KHC:52314 WP No. 34198 of 2024

¶31

IN SY.NO.86 AND 93/5 OF KANNALLI VILLAGE IN WHICH THE SCHEDULE SITES BELONGING TO THE PETITIONERS HEREIN ARE LOCATED FROM THE PURVIEW OF ACQUISITION PROCEEDINGS PURSUANT TO THE RESOLUTION OF THE 2ND RESPONDENT DATED 18.12.2010 VIDE ANNEXURE-L AND 18.04.2017 VIDE ANNEXURE-N, OR IN THE ALTERNATE; AND ETC.

¶32

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶33

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

¶34

ORAL ORDER

¶35

Sri. Ravindranath B., learned Additional Government Advocate accepts notice for the respondents No.1. Sri. K. Krishna, learned counsel appearing for the respondent Nos.2 and 3.

¶36

Heard the learned counsel appearing for the

¶37

parties.

¶38

In this writ petition, the petitioners are

¶39

seeking direction to the respondent-authorities to de-

¶40

- 5 NC: 2024:KHC:52314 WP No. 34198 of 2024

¶41

notify the land in question belonging to the petitioners from the acquisition proceedings inter-alia sought for allotting the same sites along with constructed houses.

¶42

It is the case of the petitioners that, the petitioners herein are the owners of the land in question, having constructed the houses in the respective schedule properties and as such, approached the respondent-authorities to delete/denotify the land bearing Sy Nos.86 and 93/5 of Kannalli village, Yashwantpur Hobli, Bangalore North Taluk, however, there is inaction on the part of respondentauthorities.

¶43

In that view of the matter, taking into consideration order of the Division Bench of this Court in W.A. No.1783 of 2014 and connected appeals disposed of on 22.02.2024, wherein, this Court has

¶44

- 6 NC: 2024:KHC:52314 WP No. 34198 of 2024

¶45

laid down the guidelines insofar as the case of site owners/owners of the constructed building. Operative portion of the order passed by the Division Bench of this Court reads as under:

¶46

" i) The above appeals filed by the BDA are allowed;

¶47

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;

¶48

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:

¶49

a) With regard to the land owners (excluding the site owners):

¶50

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;

¶51

- 7 NC: 2024:KHC:52314 WP No. 34198 of 2024

¶52

(5) that similar adjoining lands have been either left out from acquisition or denotified, 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;

¶53

(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;

¶54

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;

¶55

iv) The BDA, upon consideration of the applications shall intimate the writ petitioners about its decision;

¶56

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;

¶57

b) Insofar as the site owners who have not made an application as contemplated in para (iii)(a) hereinabove:

¶58

i) They shall register themselves for allotment under the BDA (Allotment of Sites) Rules, 1984 within three months from today

¶59

- 8 NC: 2024:KHC:52314 WP No. 34198 of 2024

¶60

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;

¶61

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;

¶62

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;

¶63

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

¶64

- 9 NC: 2024:KHC:52314 WP No. 34198 of 2024

¶65

apply in the manner as contemplated in para (iii)(b) hereinabove.

¶66

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.

¶67

v) In view of the allowing of the above appeals, pending interlocutory applications, if any, stand disposed of.

¶68

No costs."

¶69

Following the declaration of law made by this court in the said writ appeals, the respondentBangalore Development Authority is directed to consider the case of the petitioners in accordance with law. It is to be noted that, as the petitioners have already approached respondent-Bangalore Development Authority by making representations during the year 2010 and as the said representations are made earlier, it is open for the petitioners to make

¶70

- 10 NC: 2024:KHC:52314 WP No. 34198 of 2024

¶71

one more representation to the respondent-Bangalore Development Authority within two weeks from the date of receipt of certified copy of this order and if such representation is made by the petitioners to the respondent-Bangalore Development Authority, the same shall be considered by the respondent-Bangalore Development Authority within an outer limit of four months, thereafter, in the light of the order dated 22.02.2024 passed in W.A.No.1783 of 2014 and connected writ appeals. Till the consideration of the representation that may be made by the petitioners as stated above, no coercive steps shall be taken against the petitioners. Accordingly, the writ petition is

¶72

disposed of .

¶73

Sd/(E.S.INDIRESH) JUDGE

¶74

¶75

List No.: 1 Sl No.: 7

Smt Mangalamma v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Mangalamma v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri. Nagendra H S Vs the Commissioner

Acharya Pathshala Trust Vs the Special Land Acquisition Officer

N/S Siggil India Ltd. Vs State of Karnataka

Sri Balaji B v Vs the State of Karnataka

Mr B Rama Mohan Reddy Vs the State of Karnataka

Smt Channamma Vs State of Karnataka