Writ Petition No. 6863 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:18906 WP No. 6863 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 6863 OF 2025 (BDA) BETWEEN: 1. SMT. JYOTHI B.R., W/O KIRAN B.C., AGED ABOUT 42 YEARS, R/AT NO. 390, 7TH CROSS, BCC LAYOUT, CHANDRALAYOUT, BENGALURU – 560 040. 2. MR. PUGAZANTHY P., S/O PONNUSWAMUY R., AGED ABOUT 29 YEARS, R/AT:21, 5TH MAIN, BYRAVESHWARA NAGARA, BENGALURU – 560 072.
Legal Reasoning
3. SRI. SAIRAM RAGHU R., S/O SRI. T.RAVI KUMAR, AGED ABOUT 36 YEARS, R/AT: NO.2, SITE NO. 3426, ASHEERWAD, 1ST FLOOR, GIRINAGAR, 4TH PHASE, 2ND CROSS, VHBCS LAYOUT, HOSAKERE CROSS, BENGALURU – 560 085. 4. SMT. NEELA B., W/O SRI. ARUN KUMAR G.M., Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18906 WP No. 6863 of 2025 HC-KAR AGED ABOUT 33 YEARS, R/AT: 17, 2ND FLOOR, 10TH CROSS, CHENNAPPA LAYOUT, SUNKADAKATTE, BENGALURU – 560 091. 5. KUMARI S. KAVITHA D/O LATE SHANMUKHASWAMY AND SMT. M. MANJULA, AGED ABOUT 25 YEARS, R/AT: 154, SRI. SWAMY NILAYA, 3RD BLOCK, SRI M.VISHWESHWARAIAH LAYOUT, ULLAL MAIN ROAD, BENGALURU – 560 056. 6. SRI. PURUSHOTHAM B., S/O SRI. BOREGOWDA AGED ABOUT 624, 25TH CROSS, 29TH MAIN, POORNAPRAJNA LAYOUT, UTTARAHALLI MAIN ROAD, SUBRAMANYAPURAM, BENGALURU – 560 061. 7. MR.P.R.NARAYANASWAMY, S/O LATE RAMAIAH, AGED ABOUT 58 YEARS, R/AT NO. 207, 208, 209, VINAYAKA LAYOUT, ULLALU MAIN ROAD, BENGALURU – 560 110. 8. MRS.C. SREERAKSHA, W/O MR. GOPINATH B., AGED ABOUT 37 YEARS, - 3 - NC: 2025:KHC:18906 WP No. 6863 of 2025 HC-KAR 9. MR. GOPINATH B., S/O MR. BABU P., AGED ABOUT 40 YEARS, BOTH R/AT NO.6, 1ST MAIN, GOVERNMENT PRESS LAYOUT, ULLAL MAIN ROAD, BENGALURU – 560 056. 10. MRS. NAVEENA K.N., D/O NANJEGOWDA, AGED ABOUT 34 YEARS, R/AT:193, ARASIKERE ROAD, DUDDA HOBLI, KORAVANGALA , HASSAN DISTRICT – 573 118. 11. SMT. DEEPA YOGESH KAMAT, W/O SRI YOGESH R.KAMAT, AGED ABOUT 41 YEARS. 12. SRI YOGESH R. KAMAT, S/O SRI RAMESH M. KAMAT, AGED ABOUT 49 YEARS, BOTH R/AT FLAT NO. 1B, PLOT NO. 828, GOLDEN TERRACE APARTMENT, 21ST CROSS, IDEAL HOMES, RAJARAJESHWARI NAGAR, BENGALURU – 560 098. 13. MR. C. PUTTESHA, S/O LATE CHIKKATHIMMAIAH, AGED ABOUT 46 YEARS RESIDING AT NO. 8, SHANTHINAGAR, CHIKKANAHALLI POST, THAVAREKERE HOBLI, - 4 - NC: 2025:KHC:18906 WP No. 6863 of 2025 HC-KAR BENGALURU SOUTH (T) – 562 130. …PETITIONERS (BY SMT.S.SUSHEELA, SENIOR COUNSEL FOR SRI THIMMANNA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL SECRETARY, URBAN DEVELOPMENT, VIKASA SOUDHA, NO. 85/A DR. B.R. AMBEDKAR ROAD, BENGALURU – 560 001. 2. THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, 5TH MAIN ROAD, KUMARA PARK WEST, BENGALURU – 560 020. 3. THE ASSISTANT COMMISSIONER (LA), BENGALURU DEVELOPMENT AUTHORITY, 5TH MAIN ROAD, KUMARA PARK WEST, BENGALURU – 560 020. 4. THE DEPUTY SECRETARY - I, BENGALURU DEVELOPMENT AUTHORITY, CHOWDAIAH ROAD, BENGALURU – 560 020. 5. TOWN PLANNING MEMBER, BENGALURU DEVELOPMENT AUTHORITY, CHOWDAIAH ROAD, BENGALURU – 560 020. - 5 - NC: 2025:KHC:18906 WP No. 6863 of 2025 HC-KAR 6. THE DIRECTOR, TOWN PLANNING, BENGALURU DEVELOPMENT AUTHORITY, CHOWDAIAH ROAD, BENGALURU – 560 020. 7. THE JOINT DIRECTOR, TOWN PLANNING BENGALURU DEVELOPMENT AUTHORITY, CHOWDAIAH ROAD, BENGALURU – 560 020. 8. THE ADDITIONAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, 5TH MAIN ROAD, KUMARA PARK WEST, BENGALURU – 560 020. 9. THE EXECUTIVE ENGINEER, BANGALORE DEVELOPMENT AUTHORITY, WEST DIVISION, VIJAYANAGAR BENGALURU – 560 040. 10. THE ASST.EXECUTIVE ENGINEER, BANGALORE DEVELOPMENT AUTHORITY, WEST DIVISION, VIJAYANAGAR, BENGALURU – 560 040. 11. U.D. KRISHNA KUMAR, AGED MAJOR, DY. S.P. SPECIAL TASK FORCE AND VIGILANCE SQUAD, BANGALORE DEVELOPMENT AUTHORITY, 5TH MAIN ROAD, KUMARA PARK WEST, - 6 - NC: 2025:KHC:18906 WP No. 6863 of 2025 HC-KAR BENGALURU – 560 020. …RESPONDENTS (BY SMT.RASHMI RAO, HCGP FOR R1; SRI VASANTHA, ADVOCATE FOR SRI K.KRISHNA, ADVOCATE FOR R2 TO R10; R-11 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEXURE-AG NOTICE DATED 28/02/2025, ISSUED BY RESPONDENT NO. 11, IN RESPECT OF THE PETITIONER’S SITES, NUMBERED FROM 1 TO 12, WHICH ARE FORMED ON THE DELETED SURVEY NO. 131, MEASURING 20 GUNTAS OUT OF 1 ACRE 12 GUNTAS, FROM THE TOTAL EXTENT OF 5 ACRES 12 GUNTAS OF HULLAL VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, NOW WITHIN THE LIMITS OF BBMP WARD NO. 129, HULLAL, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this court seeking the following prayer: "(a) Quash the Annexure-AG notice dated 28/02/2025, issued by Respondent No.11, in respect of the petitioners sites, numbered from 1 to 12, which are formed on the deleted Survey No. 131, measuring 20 guntas out of 1 acre 12 Guntas, from the total extent of 5 acres 12 Guntas of Hullal Village, Yeshwanthapura Hobli, Bengaluru North Taluk, now within the limits of BBMP Ward No.129, Hullal, Yeshwanthapura Hobli, Bengaluru North Taluk. - 7 - NC: 2025:KHC:18906 WP No. 6863 of 2025 HC-KAR (b) Award the costs of this writ petition and the grant of such other reliefs as deemed fit by this Hon'ble Court under the facts and circumstances of the case in the interest of justice and equity." 2. Heard the learned Senior Counsel Smt.Susheela S appearing for the petitioners, Smt.Rashmi Rao, learned HCGP appearing for the respondent No.1, Sri.Vasantha, learned counsel for Sri.K.Krishna, learned counsel appearing for respondent Nos.2 to 10. 3. What is driving the petitioners to this court in the subject petition is an order dated 28.02.2025 issued by the 11th respondent-The Special Task Force of the Vigilance Squad of the BDA in respect of petitioners sites. During the pendency of the subject petition, it transpires that a sleeve of orders are passed by the Coordinate Benches of this Court. The orders that are necessary to be noticed are as follows: The order dated 17.3.2025 reads as follows: for learned Senior Counsel "Smt.Susheela, the petitioners submits that in preliminary notification at Annexure-H 5 acres and 12 guntas in Sy.No.131 belonging to the petitioners/predecessor were notified for acquisition. However, in the final notification at Annexure-L only 4 acres was notified for acquisition. Nevertheless, respondent No.11-Deptuy Superintendent of Police, Special Task Force, BDA, has issued the - 8 - NC: 2025:KHC:18906 WP No. 6863 of 2025 HC-KAR impugned notice at Annexure-AG also contending that 4 acres of land in survey No.131 were finally notified for acquisition and the the award was compensation was paid. But it is alleged that the petitioners are in unauthorised occupation of a portion of the said 4 acres and therefore, the petitioners are called upon to furnish documents and be present before the officer for an enquiry. fixed and on 21.03.2025 The petitioners are directed to appear before respondent No.11 with all the requisite information and documents a.m. Respondent No.11 is hereby directed to consider the documents that would be furnished by the petitioners and furnish a report to this Court along with his opinion Re-list 07.04.2025. Till then, respondent No.11 is directed not to precipitate the matter any further." matter 11:00 this on at The order dated 24.4.2025 reads as follows: "On the previous occasion, this Court had directed the Asst. Director of Land Records to conduct a survey of the property in question in the presence of the petitioners as well as the respondent-SLAO and submit a report before this Court. However, learned HCGP submits that since the entire area is developed, a survey by the normal method is not possible. A total survey digitally. be The Asst. Director of Land Records is accordingly directed to conduct the digital survey on 02.05.2025 at 11.00 a.m. conducted has to The petitioners and the respondent-SLAO are hereby directed to be present at the spot on the date and time specified hereinabove. Re-list this matter on 03.06.2025. The parties are hereby directed to maintain status-quo as on today till the next date of hearing." - 9 - NC: 2025:KHC:18906 WP No. 6863 of 2025 HC-KAR 4. In terms of the aforesaid orders, the survey was directed to be conducted and a sketch of such survey was also directed to be placed. The Assistant Director of Land Records conducts joint survey and has filed his report along with a sketch. The sketch appended to the report is indicative of the fact that the marking shown as B, C, G and H which are the properties of the petitioners in which they are now wanting to put up or putting up construction is not a subject matter of any acquisition. The allegation of the BDA is that the construction is being put up encroaching upon a passage or a road that belongs to the government. It is therefore action was sought to be taken. 5. Learned Senior Counsel Smt.Susheela S, taking this court again through the sketch would submit that they are putting up construction only in the portions that is owned by them and not in any passage or a road of the government. 6. The learned counsel for the BDA would however dispute and seek liberty be reserved for the BDA to take action in case they find that the construction being put up by these - 10 - NC: 2025:KHC:18906 WP No. 6863 of 2025 HC-KAR petitioners is encroaching upon the road of the government. Both these submissions would merit acceptance. 7. In that light, I deem it appropriate to dispose this petition recording the report of the survey that the lands of the petitioners are not subject matter of acquisition of any kind and permitting them to put up construction as they are doing at this juncture in the properties at B, C, G and H of the sketch. BDA is at liberty to take appropriate action, in accordance with law in the event they find that construction is encroaching upon the road belonging to the government. In the light of the aforesaid circumstances, the order impugned stands quashed and petition stands disposed with the aforesaid observations. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 1