Vhbcs Layout Residents Welfare Association Vs… — Writ and Judicial Review | Karnataka HC (2025)

Vhbcs Layout Residents Welfare Association Vs… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Directions issued: the Special Land Acquisition Officer to furnish, within two weeks, details of lands removed from acquisition by the Supreme Court's order; the BDA to thereafter take immediate steps to issue a revised modified plan reflecting the extent actually acquired in favour of the Society, completing the exercise within two months of receiving that information; the BDA may additionally require the Society to furnish details it needs, and the Society must comply. The writ petition was disposed of on that footing.

Issue for consideration

Whether respondent No.2 (BBMP) should be directed to consider the petitioners' applications filed on 07.04.2015, and whether the maintenance/upkeep of VHBCS Layout and provision of civic amenities to its residents should be restored. +1 more

Ratio / Principle

It is necessary to direct the Special Land Acquisition Officer, who handled the acquisition proceedings, to immediately furnish details of the lands taken out of the purview of acquisition by the order of the Supreme Court.

Key takeaways

The Special Land Acquisition Officer shall furnish those details within two weeks, and once the information is furnished the BDA shall take immediate steps to issue a revised modified plan.ratio¶44
The revised modified plan must take into consideration the extent of land that stands acquired in favour of the Society, which extent is not in dispute.ratio¶46
The entire exercise is time-bound: the Special Land Acquisition Officer to complete his part within two weeks, and the BDA within a period of two months from the date of receipt of the information from the Land Acquisition Officer.

Detailed headnote1 paragraphs

Oral order (single judge: N S Sanjay Gowda) disposing of WP No. 25407 of 2016 (LB-BMP), filed under Article 226 by the VHBCS Layout Residents Welfare Association and eight individual residents seeking (i) BBMP's consideration of their applications of 07.04.2015 and (ii) restoration of maintenance and civic amenities (road maintenance, street lighting, khata, building-plan sanctions, asphalting) in VHBCS Layout. Counsel for BDA explained that the layout plan initially approved over 98 acres 21 guntas required modification because portions of the acquisition were quashed by the Apex Court, and the Government had not yet furnished the de-acquisition details. Court directed: Special Land Acquisition Officer to furnish details of the de-acquired lands within two weeks; BDA to then promptly issue a revised modified plan taking into account the undisputed extent still acquired for the Society, completing its task within two months of receiving the information; BDA empowered to demand further particulars from the Society, which must comply. Petition disposed of accordingly. NC: 2025:KHC:1355.

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NC: 2025:KHC:1355 WP No. 25407 of 2016

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE N S SANJAY GOWDA

WRIT PETITION NO. 25407 OF 2016 (LB-BMP)

BETWEEN:

VHBCS LAYOUT RESIDENTS WELFARE ASSOCIATION REPRESENTED BY ITS SECRETARY MR SARTHAK RAM ADAVI HAVING ITS REGISTERED OFFICE AT NO.100 6TH MAIN, 11TH CROSS MALLESHWARAM, BANGALORE-560 003.

SMT. ANURADHA SUVERNA W/O SRI RAMI REDDY AGED ABOUT 50 YEARS R/A NO.10, CQAL LAYOUT SAHAKARA NAGAR BANALOE-560 092.

Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

SRI RAMANJANEYULU S/O SRI RANGAIAH SHETTY AGED ABOUT 78 YEARS GPA HOLDER FOR SMT. RASHMI G R R/A NO.33, 7TH CROSS I MAIN, UAS LAYOUT SANJAYNAGAR, RMV II STAGE BANGALORE-560 094.

SMT. VIDYA S RAO W/O SRINIVASA V RAO AGED ABOUT 49 YEARS R/A NO.31, LIG SECTOR 707 KHB COLONY, 4TH PHASE NEW TOWN, YELAHANKA

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BANGALORE-560 064.

SRI HARISH CHAINSINGH S/O A R CHAINSINGH AGED ABOUT 38 YEARS R/A 108, 4TH MAIN, 16TH CROSS AECS II STAGE, SANJAY NAGAR BANGALORE-560 094.

SRI BHEEMA PRASAD S/O SRI G SUBRAMANYA AGED ABOUT 41 YEARS R/A NO.8/3, ASHIRVADA APARTMENT SRINIVASA LAYOUT, 3RD MAIN L R BANDDE, KAVALBHYRASANDRA BANGALORE-560 032.

SRI B CHAITANYA S/O SRI JAGANNATHA RAO AGED ABOUT 36 YEARS R/A NO.85, 5TH MAIN AGS COLONY, ANANDANAGAR BANGALORE-560 024.

SRI SHIVAKUMAR R NAIR S/O SRI R K NAIR R/A FF 16, BALAJI NEST APARTMENT HBR LAYOUT, KALYANA NAGAR BANGALORE-560 043

SARTHAK RAM ADAVI S/O SRI RAM SRINIVAS ADAVI AGED ABOUT 47 YEARS GENERAL SECRETARY VYALIKAVAL HBCS RESIDENTIAL WELFARE ASSOCIATION RESIDING AT 383 VYALIKAVAL HBCS LAYOUT NAGAWARA, BANGALORE-560 045

(BY SRI. VIKAS MAHENDRA., ADVOCATE FOR -2 TO 8;

…PETITIONERS

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SRI. PRADYUMNA L.N., ADVOCATE FOR P-1 & 9)

AND:

STATE OF KARNATAKA THROUGH ITS CHIEF SECRETARY, VIDHANA SOUDHA, VIDHANA VEEDHI, BANGALORE-560 001.

SAHAYAKA KARYAPALA ABHIYANTARARU H B R LAYOUT SUB DIVISION BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE-560 001.

BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARAPARK WEST BANGALORE-560 020 REPRESENTED BY ITS COMMISSIONER

…RESPONDENTS

(BY SMT. SPOORTHI.V., HCGP FOR R-1; SRI. AMIT DESHPANDE., ADVOCATE FOR R-2; SRI. KIRAN C.V., ADVOCATE FOR R-3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECT THE R-2 TO CONSIDER APPLICATIONS FILED BY THE PETITIONERS AND / OR ANY OF THE OTHER OWNERS OF LAND FALLING WITHIN VHBCS LAYOUT VIDE ANNEXURE-G, ETC.

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

CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

ORAL ORDER

The prayers in this writ petition is to direct respondent No.2 to consider the applications filed by the petitioners on 07.04.2015 and also for a

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NC: 2025:KHC:1355 WP No. 25407 of 2016

mandamus to restore the maintenance and upkeep of VHBCS Layout and restore provision of all civic amenities to residents of VHBCS Layout.

A perusal of Annexure – G would indicate that the VHBCS Layout Resident’s Welfare Association was requesting the BDA to start the civic services for the layout like road maintenance, street lightning, khata and according sanctions to building plan for individual site owners and a request was also made for asphalting main roads as well as internal roads.

Learned counsel appearing for the BDA submits that the BDA had initially approved a layout plan over an extent of 98 acres 21 guntas, but at the instance of the land owners certain portions of the lands which had been acquired was quashed by the Apex Court and consequently, the layout plan which was in respect of 98 acres 21 guntas would have to be modified since the land, as approved, was unavailable for formation of a layout.

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Learned counsel appearing for the BDA also submits that the request has been made to the Government to furnish details of the lands which have been taken out of the purview of acquisition by virtue of the order of the Supreme Court and the Government is yet to furnish the details.

In my view, having regard to the fact that the BDA had approved the plan on the basis that 98 acres 21 guntas had been acquired and, subsequently, the acquisitions a portion of this extent has been quashed, it would be necessary to direct the Special Land Acquisition Officer, who was in charge of the acquisition proceedings to immediately furnish details of the lands which were taken out of the purview of acquisition by the order of the Supreme Court.

The Special Land Acquisition Officer shall furnish the details within a period of two weeks and on this information being furnished, the BDA shall take immediate steps to issue a revised modified plan

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taking into consideration the extent of land that stands acquired in favour of the Society, which is not in dispute.

This entire excise shall be undertaken and carried out

by the Special Land Acquisition Officer within 2 weeks and by as well as by the BDA within a period of two months from the date of receipt of the information from the Land Acquisition Officer.

If necessary, the BDA shall also direct the Society to furnish the details it requires and if such a direction is issued, the Society shall be bound to comply with the same.

This writ petition is accordingly disposed of.

Sd/(N S SANJAY GOWDA) JUDGE

GSR,List No.: 1 Sl No.: 12