Writ Petition No. 42075 of 2014 · The High Court
Case Details
- 1 - NC: 2025:KHC:6307 WP No. 42075 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 42075 OF 2014 (LA-BDA) BETWEEN: 1. A AYUB KHAN AGED ABOUT 43 YEARS, S/O AMIR JAN, R/AT NO.11, JERMAIH ROAD, FRAZER TOWN, BANGALORE-560 005.
Legal Reasoning
2. MR.SIRAJULLA SHARIEF AGED 57 YEARS, S/O ABDULLA SHARIEF, 3. ASADULLA SHARIEF AGED 46 YEARS, S/O ABDULLA SHARIEF, Digitally signed by SUMA B N Location: High Court of Karnataka PETITIONERS 2 AND 3 ARE RESIDING AT NO.2/4, 2ND FLOOR, MUSLIM COLONY, 9TH CROSS, PILLANNA GARDEN, 2ND STAGE, BANGALORE-560 045. 4. SMT.ZAREENA TAJ AGED ABOUT 55 YEARS, W/O LATE ABDUL MAJEED, R/AT NO.37, 5TH MAIN ROAD, PALACE GUTTAHALLI, BANGALORE-560 003. - 2 - NC: 2025:KHC:6307 WP No. 42075 of 2014 5. ASIF KHAN AGED ABOUT 31 YEARS, S/O AMEER JAN, R/AT NO.11, JERMAIH ROAD, FRAZER TOWN, BANGALORE-560 005. 6. SMT. YASMEEN AGED ABOUT 47 YEARS, W/O SYED AFSAR S.NO.230/B, FLAT NO.36, AREA 1020, VIMAN DARSHAN, LOAHGAON ROAD, PUNE-32, PRESENTLY RESIDING AT NO.31, 6TH CROSS, BILAL NAGAR, BANGALORE-560 045. 7. MOHAMAD AMANULLA, S/O ABDUL HAKEEM, AGED ABOUT 57 YEARS, R/AT NO.21/1, THEMMAIH ROAD, 2ND CROSS, SHIVAJI NAGAR, BANGALORE-51. (BY SRI. SUHAS U., ADVOCATE FOR SRI P.A.SUDHINDRA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, BANGALORE-560 001. 2. BANGALORE DEVELOPMENT AUTHORITY K.P.WEST EXTENSION BANGALORE-560 020 REPTD. BY ITS COMMISSIONER. …PETITIONERS - 3 - NC: 2025:KHC:6307 WP No. 42075 of 2014 3. THE ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, K.P.WEST EXTENSION BANGALORE-560020. RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R-1, AND SRI BASAVARAJA H.T., ADVOCATE FOR R-2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACQUISITION NOTIFICATION ISSUED UNDER SECTION 17 OF THE BDA ACT DATED 27.6.1978 PUBLISHED IN THE KARNATAKA GAZETTE DATED 20.7.1978 VIDE ANN-C AND FINAL NOTIFICATION DATED 9.1.1985 PUBLISHED IN THE KARNATAKA GAZETTE DATED 14.3.1985 VIDE ANN-D, IN RESPECT OF THE PETITIONERS' LANDS IN SY.NO.184 OF KACHARAKANAHALLI VILLAGE, KASABA HOBLI, BANGALORE NORTHT ALUK, BANGALORE HAS LAPSED. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER The petitioners claiming to have purchased the properties in the form of residential sites as described in Schedule `A' to `G' to the writ petition, in terms of deeds of sale executed in the year 1991 from the erstwhile owners, which sites form part of land in Survey No.184 (old Survey No.183) of Kacharakanahalli Village, Kasaba Hobli, Bangaluru North Taluk, Bengaluru, which was the subject matter of Preliminary Notification dated 27.06.1978 and the Final Notification dated 14.03.1985, acquired for the purpose of - 4 - NC: 2025:KHC:6307 WP No. 42075 of 2014 formation of "Hennur-Bellary Road 1st Stage layout", are before this Court seeking for the following reliefs : bearing No.HC PR.ALAO/11/BDA/78-79, "a) Issue writ in the nature of declaration that the acquisition notification issued under Section 17 of the BDA dated Act 27.06.1978, published in the Karnataka Gazette dated 20.07.1978 vide Annexure-C and final notification No.HUD 567 MNX 84, dated 09.01.1985 published in the Karnataka Gazette dated 14.03.1985 vide Annexure-D in respect of the petitioners' lands in Sy.No.184 of Kacharakanahalli Village, Kasaba Hobli, Bangalore North Taluk, Bangalore, has lapsed. b) Grant such other reliefs as this Hon'ble Court deems fit in the interest of justice and equity. bearing No.HC PR.ALAO/11/BDA/78-79, c) Issue writ in the nature of declaration that the acquisition proceedings in respect of petitioners' land bearing Sy.No.184 of Kacharakanahalli Village, Banglaore District vide notification issued under Section 17 of the BDA Act dated 27.06.1978, published in the Karnataka Gazette dated 20.07.1978 vide Annexure-C and final notification No.HUD 567 MNX 84, dated 09.01.1985 published in the Karnataka Gazette dated 14.03.1985 vide Annexure-D has lapsed under Section 24(2) of the Right to Fair Compensation and in Land Acquisition, Rehabilitation and Transparency Resettlement Act, 2013 as no award amount is deposited in any reference Court and no physical possession of the land has been taken." 2. One of the contentions urged by the petitioners is lapsing of acquisition in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is urged that even after acquisition, the respondent-Bengaluru Development Authority (BDA) has not utilised the land for - 5 - NC: 2025:KHC:6307 WP No. 42075 of 2014 formation of layout, for which purpose, the land was acquired. Hence, seeks for allowing the petition. 3. Learned counsel appearing for respondent-BDA submits that, admittedly the petitioners claims to have purchased the property in the year 1991, while acquisition was of the year 1978. That in terms of the law laid down by the Hon'ble Apex Court in the case of Shivakumar and another Vs. Union of India and others reported in (2019) 10 SCC 229, the subsequent purchaser has no locus standi to urge the ground of lapsing as per Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act. Hence, prays to dismiss the petition. 4. At this juncture, learned counsel for the petitioners
Decision
submits that, the petition may be disposed of, with liberty to the petitioners to file an applications under Section 38D of Bengaluru Development Act, 1976 and also seeks for a direction to the respondent-BDA to conduct an enquiry in accordance with the provisions of BDA Act and to pass appropriate orders thereon. - 6 - NC: 2025:KHC:6307 WP No. 42075 of 2014 5. Learned counsel for the respondent-BDA submits that, if representation/application in this regard are made by the petitioners, the same will be considered in accordance with law. 6. Submission is taken on record. 7. Accordingly, the following: ORDER The Writ Petition is disposed of, with liberty to the petitioners to make application/representation under Section 38D of BDA Act within a period of 30 days from the date of receipt of certified copy this order, thereupon the respondent-BDA to consider the same in terms of the said provisions and pass appropriate orders thereon as expeditiously as possible within an outer limit of six months from the date of submission of application/representation by the petitioners. Sd/- (M.G.S. KAMAL) JUDGE BK List No.: 1 Sl No.: 25