Writ Petition No. 30147 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:2374 WP No. 30147 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 30147 OF 2024 (LA-BDA) BETWEEN: 1. SMT. SHILPA BAI W/O. SRI. KRISHNOJI RAO, AGED ABOUT 38 YEARS, 2. SRI. YASAWANTH KUMAR. S. R. S/O. SRI. SOMASHEKARAIAH. R. N., AGED ABOUT 24 YEARS, 3. SMT. HEMALATHA BAI W/O. BYROOJI RAO, AGED ABOUT 48 YEARS,
Legal Reasoning
provided and reserved by the Division Bench of this Court in the aforesaid order within an outer limit of 30 days from the date of receipt of certified copy of this order. 7. The respondent-BDA shall consider the application of the petitioners individually and on petitioners complying/satisfying requirement as provided under law and as observed by Division Bench in the aforesaid order and pass appropriate orders within the period as contemplated thereunder. - 8 - NC: 2025:KHC:2374 WP No. 30147 of 2024 8. In the meanwhile respondent-BDA shall not take any precipitate action against the petitioners until determination of the representation as directed above. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 24
Arguments
4. SRI. SOMASHEKARIAH R. N. S/O. R.G. NANJUNDAPPA, AGED ABOUT 56 YEARS, 5. SRI. C. K. H. MAHESHWARAPPA S/O. K. HANUMANTHAPPA, AGED ABOUT 60 YEARS, ALL THE PETITIONERS ARE RESIDING AT SY. NO. 35, ON THEIR RESPECTIVE HOUSES AT KANNALLI VILLAGE, KODIGEHALLI GRAMA PANCHAYATI, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560 092. Digitally signed by SUMA B N Location: High Court of Karnataka (BY SRI. VENKATARAMA REDDY L.,ADVOCATE) …PETITIONERS - 2 - NC: 2025:KHC:2374 WP No. 30147 of 2024 AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560 020. 3. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU-560 020. …RESPONDENTS (BY SRI. HANUMANTHARAYA LAGALI AGA FOR R1; SRI. GOUTHAMDEV C. ULLAL.,ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM RESPONDENTS. DECLARE THAT THE ACQUISITION PROCEEDINGS INITIATED AS PER PRELIMINARY NOTIFICATION DATED 21.05.2008 VIDE ANNX-C AND FINAL NOTIFICATION DATED 18.02.2010 VIDE ANNX-D BY THE BENGALURU DEVELOPMENT AUTHORITY IN RESPECT OF THE LAND IN SY.NO.93 MEASURING 2 ACRES SITUATED AT KANNALLI VILLAGE, KODIGEHALLI GRAMA PANCHAYATI, YESHVANTHAPURA HOBLI, BENGALURU NORTH TALUK HAS LAPSED AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 3 - NC: 2025:KHC:2374 WP No. 30147 of 2024 ORAL ORDER Petitioners are before this Court seeking following reliefs: a. Call for records from respondents. b. Declare that the acquisition proceedings initiated as per preliminary notification dated 21.05.2008 Vide Annexure-C and final notification dated 18.05.2010 vide Annexure-D by the Bengaluru Development Authority in respect of the land in Sy.No.93, measuring 2 acres situated at Kannalli Village, Panchayati, Yeshvanthpura Hobli, Bengaluru North Taluk has lapsed. Kodigehalli Grama c. Issue an order, direction, writ or writ in the nature of prohibition restraining the respondents or from any persons dispossessing houses constructed by the petitioners over the Schedule Sites. claiming or them the demolishing through d. Direct Schedule Sites in favour of petitioners. the respondents to regularize the e. Issue a writ in the nature of writ of mandamus directing the respondents to delete the Schedule Sites from acquisition proceedings holding that acquisition has lapsed as per section 27 of the Bengaluru Development Authority Act. f. Direct the respondent nos. 2 & 3 to stop passing of award in favour of landowners in respect of land in question i.e., Sy. No. 93 measuring 2 acres situated at Kannalli Village, Kodigehalli Grama Panchayati, Yeshvanthapura Hobli, Bengaluru North Taluk. g. Issue such other relief as this hon'ble Court deems fit in the facts and circumstances of this case. 2. The case of the petitioners is that, the land bearing Sy. No. 93 measuring 2 acres situated in Kannalli Village, - 4 - NC: 2025:KHC:2374 WP No. 30147 of 2024 Kodigehalli Grama Panchayati, Yeshvanthapura Hobli, Bengaluru North Taluk was granted to one Sri. Parvathaiah, S/o Mallappa on 12-01-1954 by the Sub-division Officer, Bengaluru Sub-Division, Bengaluru and thereafter, a Saguvali Chit was issued by the Amaldhar. Subsequently, name of original grantee was mutated in the revenue records. 2.1 Thus, the original grantee Sri. Parvathaiah and his family members were in continuous possession and enjoyment of the said land. The lands in question were conveniently located near the gramatana of the village, the original grantee Sri. Parvathaiah and his children formed a revenue layout in the above said land in the year 1997, and sold several sites to prospective purchasers from the year 1997 onwards. Some of the sites which were not sold were in possession and enjoyment of the original grantee and his Legal Representatives. Subsequently the Legal Representatives of the original grantee sold sites to the petitioners on different dates. 2.2 Petitioner No.1 purchased the Site bearing No.820, measuring '30X40' Sq.Ft, vide Sale Deed dated 24.02.2023. - 5 - NC: 2025:KHC:2374 WP No. 30147 of 2024 2.3 Petitioner No.2 purchased the Site bearing No.821, measuring '30X40' Sq.Ft, vide Sale Deed dated 19.01.2023. 2.4 Petitioner No.3 purchased the Site bearing No.818, measuring '40X15' Sq.Ft, vide Sale Deed dated 15.04.2023. 2.5 Petitioner No.4 purchased the Site bearing No.818, measuring 40X15 Sq.Ft, vide Sale Deed dated 15.04.2023. 2.6 Petitioner No.5 purchased the Site bearing No.51, measuring 30X40 Sq.Ft, vide Sale Deed dated 25.08.2022. 2.7 Petitioner Nos.1 to 6, thus having purchased the aforesaid sites from the legal representatives of the original grantee which is subject matter of the acquisition by the respondent-BDA in terms of the preliminary notification dated 21.05.2008 and final notification dated 18.02.2010 are before this Court seeking quash of same. 3. Sri. Gowthamdev C. Ullal, learned counsel for the respondent-BDA refers to the judgment and order dated 22.02.2024, passed by the Division Bench of this Court in W.A.No.1783/2014 and other connected matters, wherein the Division Bench of this Court at paragraph Nos. b) and c) of the - 6 - NC: 2025:KHC:2374 WP No. 30147 of 2024 operative portion of the order has issued the following directions: ''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 feet 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) and should not be owning any residential property 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; their lands from acquisition c) Insofar as the owners of residential sites who form part of a layout and who have sought for dropping in accordance with para (iii)(a) hereinabove, the BDA shall consider the same having regard to the observations made at para 66 hereinabove. If the BDA rejects their applications, the site owners who have filed applications pursuant to para (iii)(a) hereinabove, shall be entitled to a further period of one month after first - 7 - NC: 2025:KHC:2374 WP No. 30147 of 2024 is the decision as contemplated intimated to opt to and apply in the manner as contemplated in para (iii)(b) hereinabove.'' therein 4. Sri. Vigneshwara. U, learned counsel for the petitioners does not dispute the same. He however submits that liberty be reserved to the petitioners to file application as envisaged in the aforesaid order of the Division Bench of this Court and a direction be issued to the respondent-BDA to consider the same in a time bound manner. 5. Submissions taken on record. 6. Petition is disposed of reserving liberty to the petitioners to file necessary application seek remedy as