SRI M V LAKSHMINARAYANA v. THE STATE OF KARNATAKA

1. SRI M V LAKSHMINARAYANA S/O M. VISVESWARA, AGED ABOUT 50 YEARS, R/AT NO. 334, 9TH MAIN ROAD, HANUMANTHNAGAR, BANGALORE-19.

2. SMT. B. MANJULA, W/O HONNEGOWDA, AGED ABOUT 38 YEARS, R/AT NO. 166, 2ND CROSS, KASINAGAR, KANAKAPURA MAIN ROAD, J.P. NAGAR POST, BANGALORE-78. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

3. SRI. B. PRAKASH S/O LATE BORAIYA, AGED ABOUT 37 YEARS, R/AT NO. 79, 2ND "A" CROSS, 2ND MAIN ROAD, BABUJINAGAR, MYSORE ROAD, BANGALORE-26..

4. SMT. S.G. SWATHI W/O A.S. RAKESH, AGED ABOUT 30 YEARS, R/AT NO. 20/4, 1ST FLOOR, ARUNA KIRAN NILAYA, 4th MAIN ROAD, ANJENAYANAGAR, BANASHANKARI 3RD STAGE, BANGALORE-85. - 2 - NC: 2024:KHC:14461 WP No. 44110 of 2014

5. SRI. G.M. SHAKARAPPA S/O LATE MALAIAH, AGED ABOUT 54 YEARS, R/AT HALEGABAADI VILLAGE, KAGLIPURA POST, HEROHALLI HOBLI, KANAKAPURA TALUK, BANGALORE RURAL DIST.

6. SRI. DHANANJAYA S/O NINGAIAH, AGED LABOUT 42 YEARS, R/AT NO.4, 16TH MAIN, ROAD, MUNESHWARA BLOCK, BANASHANKARI 3RD STAGE. BANGALORE-26. (BY SRI. R KUMAR., ADVOCATE) AND: …PETITIONERS

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF KARNATAKA, VIAKASA SOUDHA, BANGALORE-560 001.

THE BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER, SANKEY ROAD, BANGALORE-560 026.

THE SPECIAL LAND ACQUISITION OFFICER B.D.A. SANKEY ROAD, BANGALORE-560 026. (BY SRI. MANJUNATHA.K., HCGP FOR R-1; SRI.C.V.KIRAN, ADVOCATE FOR R-2 & R-3) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PRELIMINARY NOTIFIATION DATED 21.05.2008 PUBLISHED IN KARNATAKA GAZETTE DATED 22.05.2008 AT - 3 - NC: 2024:KHC:14461 WP No. 44110 of 2014 SERIAL NO.1412 VIDE ANNRXURE-M AND THE FINAL NOTIFICATION DATED 18.02.2010 AT SERIAL NO.1321 VIDE ANNEXURE-N IN SO FAR AS IT RELATES TO THE PETITIONERS LAND SITUATED AT SY.NO.55/2, CHELLAGHATTA VILLAGE, RAMOHALLI GRAMA PACHAYATH, KENGERI HOBLI, BANGALORE SOUTH TALUK, MEASURING 1 ACRE 17.14 GUNTAS OUT OF TOTAL EXTENT 1.2 ACRES, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER

1. The petitioners have challenged the Notification issued under Section 17 of the Bangalore Development Authority Act, 1976 (for short, ‘BDA Act’) dated

21.05.2008 and the declaration issued under Section 19 of the BDA Act dated 18.02.2010, whereby amongst other lands, their land bearing Sy.No.55/2 measuring 1 acre

17.14 guntas was declared to be needed for the purpose of ‘Nadaprabhu Kempegowda Layout’.

2. It is not in dispute that the validity of these Notifications were upheld by this Court and confirmed by the Division Bench of this Court in W.A. No.1783/2014 and connected matters disposed on 22.02.2024. - 4 - NC: 2024:KHC:14461 WP No. 44110 of 2014

3. In that view of the matter, the acquisitions impugned are upheld.

However, the Division Bench while disposing of the said matter has made certain orders regarding the site owners. Since the petitioners are also site owners, they would come within the purview of these directions which read as follows – 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 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) - 5 - NC: 2024:KHC:14461 WP No. 44110 of 2014 and should not be owning any residential property in Bengaluru; 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;

In the light of the above directions issued by the Division Bench, the case of the petitioners shall be considered in the manner stated above by the Division Bench. Writ Petition is, accordingly, disposed of. Sd/- JUDGE HNM List No.: 1 Sl No.: 43