Writ Petition No. 13357 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:18216 WP No. 13357 of 2025 C/W WP No. 13369 of 2025 WP No. 13385 of 2025 WP No.13392 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 13357 OF 2025 (LB-BMP) C/W WRIT PETITION NO. 13369 OF 2025 (LB-BMP) WRIT PETITION NO. 13385 OF 2025 (LB-BMP) WRIT PETITION NO. 13392 OF 2025 (LB-BMP) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA IN W.P. No. 13357/2025 BETWEEN: 1. K.N.RANI ADVOCATE W/O B.A.ASHOK KUMAR AGED ABOUT YEARS AT NO. NO.303, 9TH MAIN RAOD, IIND STAGE, MALLESWARAM WEST, MILK COLONY, BANGALORE-560 055 (BY SRI. D ASWATHAPPA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPTD BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. … PETITIONER - 2 - NC: 2025:KHC:18216 WP No. 13357 of 2025 C/W WP No. 13369 of 2025 WP No. 13385 of 2025 WP No.13392 of 2025 2. THE BANGALORE DEVELOPMENT AUTHORITY (BDA), T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. 3. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. 4. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP). N. R. SQUARE, BENGALURU - 560 002. 5. THE EXECUTIVE ENGINEER, ROAD INFRASTRUCTURE, YELAHANKA DIVISION, BBMP YELAHANKA, BANGALORE - 560 064 … RESPONDENTS
Legal Reasoning
(BY SRI. PAWAN KUMAR, ADVOCATE FOR R4; SRI BOPANNA BELLIAPPA, AGA FOR R1 & R5; SRI K. KRISHNA, ADVOCATE FOR R2 & R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) QUASH THE ISSUED BY THE BRUHAT BANGALORE NOTIFICATION MAHANAGARA PALIKE HAS ISSUED NOTIFICATION THROUGH ITS SPECIAL LAND ACQUISITION OFFICER-1, TDR CELL, BANGALORE - 560 002. NOTIFICATION UNDER SECTION 14- B(4)(i) OF THE KARNATAKA TOWN AND COUNTRY PLANNING ACT, 1961 VIDE NOTIFICATION NO. BBMP/CC/PSR(G)/ 2906/2024-25 DATED 08/01/2025 AS PER ANNEXURE-E AND ETC. - 3 - NC: 2025:KHC:18216 WP No. 13357 of 2025 C/W WP No. 13369 of 2025 WP No. 13385 of 2025 WP No.13392 of 2025 IN W.P. NO. 13369/2025 BETWEEN: 1. SUBHASH T K S/O T.R.KUMAR AGED ABOUT YEARS, AT NO. D-138, 9TH CROSS, PRAKRUTHI NAGAR, KOGILU ROAD, YELAHANKA, BANGALORE-560 064. (BY SRI. D ASWATHAPPA., ADVOCATE) ... PETITIONER AND: 1. THE STATE OF KARNATAKA REPTD BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE BANGALORE DEVELOPMENT AUTHORITY (BDA), T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. 3. THE COMMISSIONER, BDA T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. 4. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP). N. R. SQUARE, BENGALURU - 560 002. - 4 - NC: 2025:KHC:18216 WP No. 13357 of 2025 C/W WP No. 13369 of 2025 WP No. 13385 of 2025 WP No.13392 of 2025 5. THE EXECUTIVE ENGINEER, ROAD INFRASTRUCTURE, YELAHANKA DIVISION, BBMP YELAHANKA, BENGALURU - 560 064 ... RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R4; SRI BOPANNA BELLIAPPA, AGA FOR R1 & R5; SRI K. KRISHNA, ADVOCATE FOR R2 & R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO a) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE NOTIFICATION ISSUED BY THE BRUHAT BANGALORE MAHANAGARA PALIKE HAS ISSUED NOTIFICATION THROUGH ITS SPECIAL LAND ACQUISITION OFFICER 1, TDR CELL, BANGALORE - 560002. NOTIFICATION UNDER SECTION 14-B(4)(I) OF THE KARNATAKA TOWN AND COUNTRY PLANNING ACT, 1961 VIDE NOTIFICATION NO. BBMP/CC/PSR(G)/2906/2024-25 DATED 08-01-2025 AS PER ANNEXURE-H AND ETC. IN W.P. NO. 13385/2025 BETWEEN: 1. G.RAMAKRISHNA REDDY S/O. RAMACHANDRA REDDY AGED ABOUT 60 YEARS. 2. B.BASKAR REDDY S/O B.GANGI REDDY AGED ABOUT 52 YEARS - 5 - NC: 2025:KHC:18216 WP No. 13357 of 2025 C/W WP No. 13369 of 2025 WP No. 13385 of 2025 WP No.13392 of 2025 BOTH RESIDING AT NO. 140/342/12/E-31, PRAKRUTHI NAGAR, KOGILU ROAD, YELAHANKA, BANGALORE-560 064. (BY SRI. D ASWATHAPPA., ADVOCATE) ... PETITIONERS AND: 1. THE STATE OF KARNATAKA REPTD BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE BANGALORE DEVELOPMENT AUTHORITY (BDA), T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. 3. THE COMMISSIONER, BDA T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. 4. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP). N. R. SQUARE, BENGALURU - 560 002 5. THE EXECUTIVE ENGINEER, ROAD INFRASTRUCTURE, YELAHANKA DIVISION, BBMP - 6 - NC: 2025:KHC:18216 WP No. 13357 of 2025 C/W WP No. 13369 of 2025 WP No. 13385 of 2025 WP No.13392 of 2025 YELAHANKA, BENGALURU-560 064 ... RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R4; SRI BOPANNA BELLIAPPA, AGA FOR R1 & R5; SRI K. KRISHNA, ADVOCATE FOR R2 & R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ISSUED BY THE BRUHAT BANGALORE NOTIFICATION MAHANAGARA PALIKE HAS ISSUED NOTIFICATION THROUGH ITS SPECIAL LAND ACQUISITION OFFICER-1, TDR CELL, BANGALORE 560002. NOTIFICATION UNDER SECTION 14- B(4)(i) OF THE KARNATAKA TOWN AND COUNTRY PLANNING ACT, NO. BBMP/CC/PSR(G)/2906/2024-25 DATED 08.01.2025 AS PER ANNEXURE-G AND ETC. NOTIFICATION 1961 VIDE IN W.P. NO. 13392/2025 BETWEEN: 1. AVINASH LAZARESS S/O GYANE PRAKASH LAZAR, AGED ABOUT 55 YEARS AT NO. D213, 10TH CROSS, PRAKRUTHI NAGAR, KOGILU ROAD, YELAHANKA, BANGALORE-560 064. REP BY HIS GPA HOLDER MARY ANUSHA W/O AVINASH LAZARESS AGED ABOUT 49 YEARS AT NO. D213, 10TH CROSS, PRAKRUTHI NAGAR, KOGILU ROAD, - 7 - NC: 2025:KHC:18216 WP No. 13357 of 2025 C/W WP No. 13369 of 2025 WP No. 13385 of 2025 WP No.13392 of 2025 YELAHANKA, BANGALORE-560 064. (BY SRI. D ASWATHAPPA., ADVOCATE) ... PETITIONER AND: 1. THE STATE OF KARNATAKA REPTD BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE BANGALORE DEVELOPMENT AUTHORITY (BDA), T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. 3. THE COMMISSIONER, BDA T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. 4. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP). N. R. SQUARE, BENGALURU - 560 002. 5. THE EXECUTIVE ENGINEER, ROAD INFRASTRUCTURE, YELAHANKA DIVISION, BBMP YELAHANKA, BENGALURU - 560 064 (BY SRI. PAWAN KUMAR, ADVOCATE FOR R4; SRI BOPANNA BELLIAPPA, AGA FOR R1 & R5; SRI K. KRISHNA, ADVOCATE FOR R2 & R3) ... RESPONDENTS - 8 - NC: 2025:KHC:18216 WP No. 13357 of 2025 C/W WP No. 13369 of 2025 WP No. 13385 of 2025 WP No.13392 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION ISSUED BY THE BRUHAT BANGALORE MAHANAGARA PALIKE HAS ISSUED NOTIFICATION THROUGH ITS SPECIAL LAND ACQUISITION OFFICER-1, TDR CELL, BANGALORE-560002. NOTIFICATION UNDER SECTION 14- B(4)(i) OF THE KARNATAKA TOWN AND COUNTRY PLANNING NO. ACT, BBMP/CC/PSR(G)/2906/2024-25 DATED 08.01.2025 AS PER ANNEXURE-G AND ETC. NOTIFICATION 1961 VIDE THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER
Decision
The petitions are taken up together and disposed off vide common order, as the impugned notification of the respondent Bruhat Bengaluru Mahanagara Palike (BBMP) pertains to sites in a layout. viz., Prakruthi Nagar, Kogilu Village, Yelahanka Hobli, Bengaluru North Taluk. 2. The petitioners are stated to be the owners of individual sites situated at Prakruthi Nagar, morefully described in the Schedule and have filed the present Writ Petitions seeking for issuance of a writ of certiorari to quash the notification [at Annexure-'E' in W.P.No. - 9 - NC: 2025:KHC:18216 WP No. 13357 of 2025 C/W WP No. 13369 of 2025 WP No. 13385 of 2025 WP No.13392 of 2025 13357/2025; at Annexure-'G' in W.P. No. 13392/2025; at Annexure-'G' in W.P. No.13385/2025; at Annexure-'H' in W.P. No.13369/2025] issued in exercise of power under Section 14-B of the Karnataka Town and Country Planning Act, 1961 (for short 'the Act'). The petitioners have also sought for a writ of mandamus to direct the respondents not to proceed with any demolition or dispossession of the petitioners' properties without following due process of law. 3. It is submitted that the respondent BBMP in exercise of power under Section 14-B of the Act, has issued notification No.BBMP/CC/PSR(G)/2906/2024-25 dated 08.01.2025 for formation of a proposed 18 meter wide road from Annapoorneshwari Temple to Kogilu Cross towards Sampige Halli (Jakkur) and the Transferable Development Rights ('TDR') is proposed to be issued to the petitioners as compensation for the land acquired. - 10 - NC: 2025:KHC:18216 WP No. 13357 of 2025 C/W WP No. 13369 of 2025 WP No. 13385 of 2025 WP No.13392 of 2025 4. The petitioners are stated to have made out representations [at Annexure-'F' in W.P. No.13357/2025; at Annexure-'H' in W.P. No.13392/2025; at Annexure-'H' in W.P. No.13385/2025; at Annexure-'J' in W.P. No. 13369/2025] to the Land Acquisition Officer and TDR Officer objecting to the acquisition that it would affect their residential property. The petitioners have also raised other contentions, including; the existence of alternate road, no prior individual notice has been issued, no acquisition proceedings under the Land Acquisition Act have been initiated and that no monetary compensation is given. At the time of oral arguments, it is further contended that the petitioners are not interested in accepting the TDR being offered for giving up rights in their property. 5. Taking into consideration the contentions raised and the impugned Notification of the respondent BBMP, it would be relevant to note the observations made by the Co-ordinate Bench of this Court in similar factual context in W.P.No.1166/2019 vide order dated 10.04.2019. The - 11 - NC: 2025:KHC:18216 WP No. 13357 of 2025 C/W WP No. 13369 of 2025 WP No. 13385 of 2025 WP No.13392 of 2025 relevant observations made by the co-ordinate bench are extracted below: "7. Having heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents, it is clear that the notification under Section 14-B of the Act that has been made by the respondent-BBMP is only an offer made to the property owners to give up their properties voluntarily in return for grant of TDR Certificates, which would be in lieu of monetary compensation. In fact, Section 14-B(6) of the Act would clarify the said position. The said provision reads as follows:- “14-B. Benefit of development rights.- (6) If the owner does not agree to surrender his ‘Area’ required by a Public Authority for any public purpose, for the Development Rights and demands for monetary compensation, then the Public Authority may acquire such ‘Area’ by providing compensation as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and - 12 - NC: 2025:KHC:18216 WP No. 13357 of 2025 C/W WP No. 13369 of 2025 WP No. 13385 of 2025 WP No.13392 of 2025 Resettlement Act, 2013 or any other law prevailing.” 8. In light of the provisions of Section 14- B(6) of the Act, it is clear that, if the petitioner was unwilling to accept the ‘Development Rights Certificates,’ which was being offered in lieu of monetary compensation, the respondent-BBMP would have to resort to acquisition under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other law prevailing. 9. Hence, it is made clear that in light of the rejection of offer made by the respondent- BBMP, the BBMP would not interfere with the rights of the properties of petitioner. However, the respondent-BBMP is entitled to:- (a) Initiate appropriate proceedings for acquisition of properties of the petitioner as may be required for the purpose of implementing their project under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and - 13 - NC: 2025:KHC:18216 WP No. 13357 of 2025 C/W WP No. 13369 of 2025 WP No. 13385 of 2025 WP No.13392 of 2025 Resettlement Act, 2013 or any other law prevailing; (b) They are entitled to obtain transfer of property of the petitioner to the extent as may be required for the purpose of implementation of the project by negotiations after obtaining the Deed of Conveyance. (c) All other contentions of the parties are kept open and without prejudice to the rights of the petitioner. 6. In light of the above, the present petitions are required to be allowed, while the impugned Notification dated 08.01.2025 under Section 14-B of the Act does not require to be set aside. 7. Hence, it is made clear that in light of the rejection of offer made by the respondent-BBMP, the BBMP cannot interfere with the rights of the properties of the petitioners till appropriate steps are taken to deprive - 14 - NC: 2025:KHC:18216 WP No. 13357 of 2025 C/W WP No. 13369 of 2025 WP No. 13385 of 2025 WP No.13392 of 2025 property of the petitioners as prescribed under law. However, the respondent-BBMP is entitled to:- (i) Initiate appropriate proceedings for acquisition of properties of the petitioners as may be required for the purpose of implementing their project under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other law prevailing; (ii) They are entitled to obtain transfer of property of the petitioners to the extent as may be required for the purpose of implementation of the project by negotiations after obtaining the Deed of Conveyance. (iii) All other contentions of the parties are kept open to be raised appropriately and - 15 - NC: 2025:KHC:18216 WP No. 13357 of 2025 C/W WP No. 13369 of 2025 WP No. 13385 of 2025 WP No.13392 of 2025 direction is passed without prejudice to the rights of the petitioners. Accordingly, these petitions are disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE BGN/VGR