SMT. SUMMAIYA KHANUM v. THE STATE OF KARNATAKA
Case at a glance
Outcome
Disposed of
writ petition stands disposed of
Provisions considered
- Constitution of India arts. 226, 227
Key paragraphs
- Para 55. The land acquired for the formation of the Arkavathi Layout is for providing house and sites to the people. The petitioner has purchased the site prior to the preliminary Notification. He has constructed the house on the said site. Therefore, we direct the BDA…
Judgment
THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 6370 OF 2026 (BDA) BETWEEN: SMT. SUMMAIYA KHANUM AGED ABOUT 38 YEARS, D/O. LATE AKHIL AHMED KHAN AND SHANAZ BEGUM, W/O. HAROON BASHA KHAN, RESIDING AT NO.220, OLD NO.728, VIDYA SAGAR SARAIPALYA, OPP TO RAMAIAH LAYOUT, BENGALURU-560 077. (BY SRI. BHADRI R @ BHADRINATH R., ADVOCATE) …PETITIONER AND:
THE STATE OF KARNATAKA BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, MULTISTORIED BUILDING, BENGALURU-560 001.
THE BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560 020, BY ITS COMMISSIONER. - 2 - NC: 2026:KHC:27764-DB WP No. 6370 of 2026 HC-KAR
THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, BENGALURU-560 020. (BY SRI. S.H. RAGHAVENDRA, AGA FOR R1; SRI MURUGESH V. CHARATI, ADVOCATE FOR R2 AND R3) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR QUASHING THE IMPUGNED REPORT DATED
04.11.2024 IN KNKC NO.146/2022 ISSUED BY THE JUSTICE K.N.KESHAVA NARAYANA COMMITTEE AS FOUND AT ANNEXURE-L AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ petition has been filed impugning the decision rendered by the Justice K.N.Keshavanarayana Committee constituted by this Court in WP.No.51929/2014 and other connected matters. - 3 - NC: 2026:KHC:27764-DB WP No. 6370 of 2026 HC-KAR
2. The petitioner claims to be the owner of the site in one of the Sy.No.32/1, 34/8 and 32/2. The aforesaid survey numbers were purchased by one Mr.Akhil Ahmed Khan, prior to the Preliminary Notification issued for formation of Arkavathi Layout. The petitioner has purchased the site vide Sale Deed dated 30.04.2002, prior to the date of Preliminary Notification from Mr.Akhil Ahmed Khan. The petitioner has also constructed a house. To evidence the house constructed by him, photograph at Annexure-P has been annexed with this writ petition.
3. The petitioner had made an application before the Justice K.N.Keshavanarayana Committee for excluding his site from the acquisition proceedings. However, the Committee has rejected the representation of petitioner dated 27.02.2023 in respect of his site bearing No.4 stated to have been formed Sy.No.32/1, 34/8 and 32/2 of Thanisandra Village from acquisition proceedings. The application has been rejected on the ground that the petitioner did not register himself for allotment of site as - 4 - NC: 2026:KHC:27764-DB WP No. 6370 of 2026 HC-KAR per the scheme formulated by the Division Bench, and the petitioner failed to establish compliance of conditions stipulated in the judgment passed by the Division Bench, the petitioner would not be entitled for the benefit of the scheme under the judgment of Division Bench.
Despite rejection of his representation, the petitioner has been given the benefit of provisions of Section 38(D) of the BDA Act, 1976 to approach BDA for passing an appropriate order and the BDA has been directed to consider the application of the petitioner as per the provisions of Section 38(D) of the BDA Act and pass an appropriate order.
Operative part
The land acquired for the formation of the Arkavathi Layout is for providing house and sites to the people. The petitioner has purchased the site prior to the preliminary Notification. He has constructed the house on the said site. Therefore, we direct the BDA to consider the representation of the petitioner and pass an order under Section 38(D) of the BDA Act, taking into consideration the - 5 - NC: 2026:KHC:27764-DB WP No. 6370 of 2026 HC-KAR facts as stated above and after giving an opportunity of hearing to the petitioner. With the aforesaid direction, the writ petition stands disposed of. The petitioner shall file his application before the BDA within a period of 10 days and the BDA shall consider the said application within three months thereafter. The application should be filed in the prescribed form. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 2 Sl No.: 8
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: writ petition stands disposed of
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.