Sri. Venkatesh K Vs the State of Karnataka — Land Acquisition | Karnataka HC (2025)

Sri. Venkatesh K Vs the State of Karnataka — Land Acquisition | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction to the respondent-authority to consider the petitioners' representation dated 20.01.2023 in light of the Government notification dated 23.09.2022 and take appropriate action in accordance with law, completing the entire process within six months of receipt of the order; no substantive relief (DRC, market-rate price fixation, records, or damages) granted, merits expressly not expressed.

Issue for consideration

Whether the respondents should be directed to issue DRC in respect of 0.06 guntas at two times the present market rate as per the amended KTCP Act. +4 more

Ratio / Principle

The writ petition is disposed of without expressing merits or demerits of the claim of the petitioners.

Key takeaways

The respondent-authority is directed to consider the petitioners' representation dated 20.01.2023, bearing in mind the Government notification dated 23.09.2022, and take appropriate action in accordance with law.ratio¶59
The entire process pursuant to the direction is to be completed within a period of six months from the date of receipt of a copy of the order.ratio¶60

Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution filed by eight co-owners (acting through GPA holder Sri R. Harish) claiming 0.06 guntas in Sy.No.64/3, K Channasandra Village, K.R. Puram Hobli, Bengaluru East Taluk, alleging that respondent Nos.2 (Commissioner, BBMP) and 4 (Deputy Commissioner, Land Acquisition, BBMP, T.D.R. Section) formed a public road over their land without following the procedure prescribed under Section 14B of the Karnataka Town and Country Planning Act, 1961, without notice or due process. Reliefs sought included mandamus to issue DRC at two times the present market rate under the amended KTCP Act, price fixation at present market rate under the Right to Fair Compensation and Transparency Act, production of pre-acquisition records, and damages. Learned counsel for the respondents submitted that the representation would be considered in accordance with law. The Court, without expressing merits or demerits, disposed of the petition, directing the respondent-authority to consider the petitioners' representation dated 20.01.2023 bearing in mind the Government notification dated 23.09.2022 and take appropriate action in accordance with law, completing the entire process within six months from receipt of a copy of the order.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT PETITION NO.16516 OF 2023 (LA-UDA)

BETWEEN:

SRI VENKATESH .K S/O LATE DODDA KAVERAPPA, AGED ABOUT 45 YEARS RESIDING AT NO.20, POOJA GARDEN MAIN ROAD, K CHANNASANDRA, HORAMAVU, BANGALORE NORTH, BANGALORE-560043.

Digitally signed by C K LATHA Location: HIGH COURT OF KARNATAKA

SRI SIDDAPPA .D S/O LATE DODDA MUNICHANNAPPA, AGED ABOUT 36 YEARS, RESIDING AT NO.195, 2^ND MAIN, 2^ND CROSS, NEAR KATERAMMA TEMPLE, K CHANNASANDRA, HORAMAVU, BENGALURU-560043.

SRI MUNIRAJU S/O LATE CHIKKA MUNICHANNAPPA, AGED ABOUT 40 YEARS, RESIDING AT NO.50, 1^ST CROSS NEAR AIRTEL TOWER, K CHANNASANDRA, HORAMAVU, BENGALURU-560043.

SRI MUNIKAVERAPPA .D S/O LATE DODDA BEERAPPA, AGED ABOUT 70 YEARS, RESIDING AT NO.39, NEW CHANNASANDRA CIRCLE, K CHANNASANDRA, HORAMAVU,

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BENGALURU-560043.

SMT. SIRIGAMMA S/O LATE DODDA PILLAPPA, AGED ABOUT 58 YEARS, RESIDING AT NO.29, K CHANNASANDRA, HORAMAVU, BENGALURU-560043.

SRI MUNIKRISHNAPPA S/O LATE SANJEEVAPPA, AGED ABOUT 49 YEARS, RESIDING AT NO.54, K CHANNASANDRA, KALKERE, BENGALURU-560043.

SRI N. DINESH S/O LATE NASRAYANAPPA, AGED ABOUT 43 YEARS, RESIDING AT NO.33, K CHANNASANDRA, HORAMAVU, BENGALURU-560043.

SRI SHIVAPRASAD S/O LATE NARAYANAPPA, AGED ABOUT 30 YEARS, RESIDING AT NO.33, K CHANNASANDRA, HORAMAVU, BENGALURU-560043

ALL THE PETITIIONERS REP. BY THEIR GPA HOLDER SRI R. HARISH S/O LATE B.L. RAJAGOPALACHAR, AGED ABOUT 41 YEARS, R/AT NO.15, NEAR AMARAJYOTHI COLLEGE, LAKSHMIPURA LAYOUT, BANGALORE NORTH, BENGALURU-560036.

…PETITIONERS

(BY SRI KRISHNA MURTHY N., ADVOCATE)

AND:

THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT,

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REP. BY PRINCIPAL SECRETARY, 4^TH FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560001.

THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, HUDSON CIRCLE, BENGALURU-560002.

THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU-560020.

THE DEPUTY COMMISSIONER, LAND ACQUISITION, BBMP, T.D.R. SECTION, ANNEXE BUILDING, 1^ST FLOOR, BENGALURU-560002. …RESPONDENTS

(BY SRI HARISHA A.S., AGA FOR R-1; SRI PRADEEP PATIL, ADVOCATE FOR SRI K.B. MONESH KUMAR, ADVOCATE FOR R-2 & R-4; SRI LAKSHMEESH RAO, ADVOCATE FOR R-3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO ISSUE DRC IN RESPECT OF 0.06 GUNTAS AT TWO TIMES AS PER THE AMENDED KTCP ACT AT THE PRESENT MARKET RATE; DIRECT THE RESPONDENTS TO FIX PRICE AT THE PRESENT MARKET RATE AS PER THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY ACT FOR AN AREA OF 0.06 GUNTAS OF LAND IN SY.NO.64/3 AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

The petitioners have approached this Court seeking for the following reliefs:

a) Issue order or direction or writ in the nature of mandamus or any other writ directing the Respondents to issue DRC in respect of 0.06 Guntas at two times as per the amended KTCP Act at the present market rate.

b) Issue order or direction or writ in the nature of mandamus or any other writ directing the Respondents to fix price at the present market rate as per the Right to Fair Compensation and Transparency Act for an area of 0.06 Guntas of Land in Sy.No.64/3.

c) Issue order or direction or writ in the nature of mandamus calling for the entire records/ reports prior to acquisition and formation of public road in respect of Sy.No64/3 of K Channasandra Village, K.R.Puram Hobli, Bangalore East Taluk.

d) Issue order or any other writ directing the Respondents to pay damages in respect of 0.06 Guntas of land belonging to the Petitioners in

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K.Channasandra Village, K.R.Puram Hobli, Bangalore East Taluk.

c) Grant such other relief as this Hon'ble Court deems fit to grant in the facts and circumstances, including the cost of the proceedings, in the interest of justice and equity.”

2. The petitioners claim to be the owners of the

land in Sy.No.64/3 measuring 6 meters of land situated at K. Channasandra Village, K.R. Puram Hobli, Bengaluru East Taluk and that respondent Nos.2 and 4, without following the procedure prescribed under Section 14B of the Karnataka Town and Country Planning Act, 1961 (“KTCP Act” for short), have formed a public road over their land without issuing notice or following due process. Learned counsel for the petitioners submits that, despite petitioners submitting a representation, no action has been taken.

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Learned counsel for the respondents submits

that representation submitted will be considered in accordance with law.

In view of the submissions, without expressing

merits or demerits of the claim of the petitioners, this Court pass the following:

ORDER

i. The writ petition is disposed of.

ii. Respondent-authority is directed to consider the petitioners’ representation dated as 20.01.2023, bearing in mind the Government notification dated 23.09.2022 and take appropriate action in accordance with law.

iii. Complete the entire process within a period of six months from the date of receipt of the copy of this order.

Sd/-

_____________________ JUSTICE K.S. HEMALEKHA

AT

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