Sri S Surendra Reddy Vs the State of Karnataka

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE WRIT, DIRECTION OR ORDER IN THE FOLLOWING MANNER A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 23/09/2025 PASSED BY THE 4TH RESPONDENT IN KNKC NO.195/2022 (CHALLAKERE) AT ANNEXURE-E TO THE WRIT PETITION, ETC.

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IN WP NO. 34993/2025

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BETWEEN:

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SRI VENKATESH S AGED ABOUT 49 YEARS, S/O. SHANKAR REDDY, R/AT CHALLAKERE VILLAGE, RING ROAD, KALYANANAGRA POST, BENGALURU 560 043

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...PETITIONER

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(BY SRI. A. ABHINAV RAMANAND., ADVOCATE)

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HC-KAR

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU 560 001. REPRESENTED BY ITS SECRETARY.

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THE BENGALURU DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU 560 020. REPRESENTED BY ITS COMMISSIONER.

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THE LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU 560 020.

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R-4 DELETED VIDE HON'BLE COURT ORDER DATED:06.01.2026

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...RESPONDENTS

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(BY SRI. G.S.ARUNA, HCGP FOR R1; SRI. MANJUNATH.N.BYRA REDDY, ADVOCATE FOR R2 AND R3;

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VIDE ORDER DATED:06.01.2026 R4 IS DELETED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED ORDER DATED 23.09.2025 PASSED BY THE 4TH RESPONDENT IN KNKC NO.195/2022 (CHALLAKERE) AT ANNEXURE-E TO THE WRIT PETITION, ETC.

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH

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HC-KAR

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and

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HON'BLE MR. JUSTICE T.M.NADAF

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE D K SINGH)

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The present writ petitions have been filed impugning

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the report of the K N Keshavanarayan Committee constituted by the High Court in W.P.No.51929/2014 and connected writ petitions. The report submitted in the case in KNKC No.195/2022(Challakere) relates to W.P.No.30494-97/2013 and representations made by the petitioners in those writ petitions seeking deletion of their lands from the land acquisition proceedings.

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The brief facts have been noted by the Committee in its report. The Committee has taken note of the previous proceedings and the judgment passed by the Supreme Court in Bondu Ramaswamy and others Vs. Bangalore Development Authority and others reported in (2010) 7 SCC 129 . The said Committee has been constituted to examine the validity and legality of deletion/inclusion of the lands in the Final Notification

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HC-KAR

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dated 18.06.2014 issued by the State Government. After

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hearing the parties, the Committee has submitted the detailed report.

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The Committee has made the following

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recommendations:

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"RECOMMENDATIONS OF THE COMMITTEE

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1. Representations/Applications submitted by;

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(i) Applicant No.1 Sri S Venkatesha Reddy seeking deletion of 27^1/2 guntas in Sy.No.6 and 24 guntas in Sy.No.7;

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(ii) Applicant No.2 Sri Ramesh Reddy seeking deletion of 9^1/2 guntas in Sy.No.11 and 06.60 guntas in Sy.No.135/B;

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(iii) Applicant No.3 Sri S Nagaraja Reddy seeking deletion of 3^1/2 guntas in Sy.No.6; 6.60 guntas in Sy.No.11 and 6.60 guntas in Sy.No.135/B;

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(iv) Applicant No.4 Sri. S Surendra Reddy seeking deletion of 9^1/2 guntas in Sy.no.6 and 06.60 guntas in Sy.No.135/B; and

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(v) Applicant No.7 Sri Lokesh Reddy seeking deletion of 28^1/2 guntas and 16 guntas in Sy.No.135/B.

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All of Challakere village be rejected and

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acquisition in respect of the above lands be taken to its logical end.

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2. If absolute sale deeds to any of the allottee of sites formed in the above lands have not been executed, the same shall be executed within three months from the date of receipt of this Report and a compliance Report in this regard shall be submitted to this Committee.

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3. In the event of any of the Applicants 1 to 8 submitting Application seeking relief under Section 38-D of Bangalore Development Authority Act, in relation to the structures existing on the lands in question, the same be considered by BDA in accordance with law and pass appropriate orders. Forward this report to BDA for further action.

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4. In the event of the owners of lands in question opting for allotment of developed sites by way of compensation in lieu of acquisition of lands, same be accommodated in the lands in question itself".

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Mr. A. Abhinav Ramanand, learned counsel

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appearing for the petitioners submits that though the award has been passed in respect of the land in question, but the amount has neither been deposited in the treasury nor in the Civil Court. It is further submitted that no notice

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has been issued to the land owners for the award and therefore, the land acquisition proceedings are liable to be quashed.

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HC-KAR

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The land acquisition proceedings have been

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upheld in the several round of litigation upto the Supreme Court and therefore, there is no question of re-examining the issue which has been concluded. The fact finding Committee constituted by the High Court has given its fair findings mentioning the reasons why the land in question cannot be deleted from the land acquisition proceedings.

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The petitioners are therefore entitled either for compensation or the developed land under 6040 scheme. If the petitioners choose to receive the cash compensation they must be adequately compensated by paying the interest from the date of Final Notification till it is deposited. If the petitioners makes the application for allotment of these sites under 6040 scheme, the BDA must consider the application and allot the sites in lieu of the cash compensation. However, if they choose to take the cash compensation, they should be paid the compensation as directed.

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