Bangalore Development Authority v. The State of Karnataka

((((((((((((HC-KAR, NC:(2026:KHC:42227-DB( WA(No.(2820(of(2014( ( ,,,,,,,,,, , CNR:(KAHC010019292014( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( THDATED(THIS(THE(10 (DAY(OF(AUGUST,(2026(

PRESENT(

THE(HON'BLE(MR.(JUSTICE(D(K(SINGH(

AND((

THE(HON'BLE(MR.(JUSTICE(H.SHANTHI(BHUSHAN(

WRIT(APPEAL(NO.(2820(OF(2014((LA-BDA)(

BETWEEN:((

(

1., BANGALORE,DEVELOPMENT,AUTHORITY, T.CHOWDAIAH,ROAD,,

KUMARA,PARK,WEST,, BANGALORE,–,560,020., REPRESENTED,BY,ITS,COMMISSIONER,

,

2., THE,ADDITIONAL,LAND,ACQUISTION,OFFICER, BANGALORE,DEVELOPMENT,AUTHORITY,,

T.CHOWDAIAH,ROAD,, KUMARA,PARK,WEST,, BANGALORE-560,020.,

, Dig itally BOTH,ARE,REPRESENTED,BY,, signedtiby SPECIAL,LAND,ACQUISITION,OFFICER, MALA0K0N …APPELLANTS, Location: (BY,SRI.,MURUGESH,V,CHARATI.,ADVOCATE), High0Court , of0Karnataka AND:( (

1., THE,STATE,OF,KARNATAKA, REP.,BY,ITS,SECRETARY,, DEPARTMENT,OF,URBAN,DEVELOPMENT,, M.S.BUILDING,,, BANGALORE-560,001., ,

2., SMT.CHANDRAMMA, AGED,ABOUT,42,YEARS,, W/O,SRI.LINGEGOWDA,,

R/AT SITE NO.34, SY NO.46/1, KODIGEHALLI VILLAGE, YESHWANTHPUR HOBLI, BANGALORE NORTH TALUK, BANGALORE-560 091. …RESPONDENTS (BY SRI.N BYREGOWDA.,AGA FOR R1)

THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.12325/2014 DATED 25/7/2014.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN

ORAL JUDGMENT

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

The present Intra Court Appeal has been filed against the common judgment and order dated 25.07.2024 passed by the Writ Court in Writ Petition No.12325/2014 and other connected Writ Petitions.

¶2The Writ Appeals have been filed against the common judgment and order passed by the Writ Court. A Division Bench of this Court vide Judgment and order dated 22.02.2024 passed in Writ Appeal No.1783/2014

and another connected appeals had set aside the judgment and order passed by the learned Single Judge. The following directions have been given in the judgment by the Division Bench in its judgment dated 22.02.2024. "ORDER

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 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):

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 llotment 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 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."

¶3This appeal is also covered by the said judgment passed by the learned Co-ordinate Bench of this Court and therefore, respectfully following the judgment dated 22.02.2024 passed by the Co-ordinate Bench of this Court, we allow this appeal and set aside the impugned judgment and order passed by the Writ Court in terms of the aforesaid judgment passed by the Division Bench.

Sd/- (D K SINGH) JUDGE

Sd/- (H.SHANTHI BHUSHAN) JUDGE

BVK List No.: 1 Sl No.: 8