Karnataka High Court
Smt Shylaja H A vs The State Of Karnataka on 13 November, 2024
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WP No. 17226 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.17226 OF 2024 (LA-BDA)
BETWEEN:
1. SMT. SHYLAJA H A.
W/O HANUMAIAH M.
AGED ABOUT 50 YEARS
R/AT VEERABHADRASWAMY
LAYOUT, KANNAHALLI VILLAGE
KODIGEHALLI POST
YESHWANTHPURA HOBLI
BENGALURU - 560 091.
2. SRI. KATHYAYINI C.
W/O KUMARASWAMY T.D.
AGED ABOUT 41 YEARS
R/AT VEERABHADRASWAMY LAYOUT
KANNAHALLI VILLAGE
KODIGEHALLI POST
YESHWANTHPURA HOBLI
BENGALURU - 560091.
Digitally signed by
SHARMA ANAND
CHAYA 3. SRI. RAMALINGAIAH
Location: High
Court of Karnataka S/O JOGAIAH
AGED ABOUT 58 YEARS
R/AT 11TH CROSS
2ND MAIN ROAD
HOYSALANGAR
SUNKADAKATTE
VISWANEEDAM
BENGALURU - 560 091.
4. SRI. DAYANANDA
S/O VEERANNA
AGED ABOUT 26 YEARS
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WP No. 17226 of 2024
RA/T NO.225, KANNALLI
KODGIEHALLI
BENGALURU - 560 091.
5. SMT. SUMAVATHI D.
W/O RAMACHANDRA T.
AGED ABOUT 45 YEARS
R/AT VEERABHADRASWAMY
LAYOUT, KANNAHALLI VILLAGE
KODIGEHALLI POST
YESHWNATHPURA HOBLI
BENGALURU - 560 091.
6. SMT. SEEMANTHINI B.L.
W/O HANUNTHEGOWDA B.
AGED ABOUT 45 YEARS
R/AT NO.117 3RD MAIN,
BEHIND AIT, 13TH BLOCK,
NAGARBHAVI 2ND STAGE
BENGALURU - 560072.
7. SRI. PANDURAGNA RAO B.V.
S/O VENKOBA RAO
AGED ABOUT 46 YEARS
R/AT VEERABHADRASWAMY
LAYOUT, KANNAHALLI VILLAGE
KODIGEHALLI POST
YESHWANTHPURA HOBLI
BENGALURU - 560091.
8. SMT. BHAGYAMMA T.
W/O S. KRISHNAPPA
AGED ABOUT 44 YEARS
R/AT NO.3 NEAR VEERABHADRASWAMY
TEMPLE, KANNALI
BENGALURU - 560091.
9. B.V. GEETHA BAI
W/O B. RAMESH RAO
AGED ABOUT 53 YEARS
R/AT VEERABHADRASWAMY
LAYOUT
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WP No. 17226 of 2024
KANNAHALLI VILLAGE,
KODIGEHALLI POST,
YESHWANTHPURA HOBLI
BENGALURU - 560091.
10. SMT. SHIVAMMA
W/O CHIKKACHOWDAIAH
AGED ABOUT 52 YEARS
R/AT VEERABHADRASWAMY
LAYOUT, KANNAHALLI VILLAGE
KODIGEHALLI POST
YESHWANTHPURA HOBLI
BENGALURU - 560091.
11. SMT. VIJAYA P.
D/O PARAMESHWAR
AGED ABOUT 42 YEARS
R/AT VEERABHADRASWAMY
LAYOUT, KANNAHALLI VILLAGE
KODIGEHALLI POST
YESHWANTHPURA HOBLI
BENGALURU - 560091.
12. SMT. ROOPA P.
D/O PARAMESHWAR T.
AGED ABOUT 39 YEARS
R/AT NO.1, NANJUDNESHWARA KRUPA
3RD CROSS, AVALAHALLI
BENGALURU - 560026.
13. NAGARAJU S.
S/O SIDDAPPA
AGED ABOUT 47 YEARS
R/AT NO.50, KANNALI
KODIGEHALLI
BENGALURU - 560 091.
14. SRI. RAJANNA
S/O REVANASIDDAPPA
AGED ABOUT 58 YEARS
R/AT NO.78
KANNAHALLI VTC
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WP No. 17226 of 2024
KODIGEHALLI
BENGALURU - 560091.
...PETITIONERS
(BY SRI. SUNDARESH H.C., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
URBAN DEVELOPMENT DEPARMTENT
MS BUILDING
BENGALURU - 560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD
KUMARA PARK WEST
BENGALURU - 560020.
3. THE SPECIAL LAND ACQUISIITON OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD
KUMARA PARK WEST
BENGALURU - 560020.
...RESPONDENTS
(BY SRI. RAVINDRANATH B., AGA FOR R1;
SRI. B.S. KARTHIKEYAN, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DECLARE THAT THE SCHEME IN RESPECT OF ACQUISITION OF
LAND IN SY.NO.113/1, OF KANNAHALLI VILLAGE,
YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK FOR THE
FORMATION OF NADAPRABHU KEMPEGOWDA LAYOUT,
PURSUANT TO THE PRELIMINARY NOTIFICATION BEARING NO.
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WP No. 17226 of 2024
BDA/COMMR/DC(LA)/ALAO/158/2008-09 DATED 22.05.2008
U/S 17 OF BDA ACT AND FINAL DECLARATION BEARING NO.
UDD 51 MNX 2010 DATED 18.10.2010 U/S 19(1) OF THE BDA
ISSUED BY THE RESPONDENT NO.2 AS PER ANNEXURE-J AND
K RESPECTIVELY HAVE BEEN ABANDONED AND LAPSED U/S 27
OF THE BDA ACT SO FAR IT RELATES TO THE PROPERTIES OF
THE PETITIONERS BEARING NO. 17, 18, 32, 33, 37, 38, 40, 42,
48, 51, 52, 54, 55, 56, 57, 58, 62, 73, 76, 77 SITUATED AT
VEERABHADRESWHARA LAYOUT FORMED IN SY.NO. 113/1 OF
KANNAHALLI VILLAGE PURSUANT TO SALE DEED AS PER
ANNEXURE-B, TO B5 AND RESPECTIVELY; AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL ORDER
Heard the learned counsel appearing for the parties .
2. The learned counsel appearing for the parties
submitted that the issue involved in this writ petition is
fairly covered by the order of the Division Bench of this
court in W.A.No.1783 of 2014 and connected appeals
disposed of on 22.02.2024. The operative portion of the
order reads as under:
"i) The above appeals filed by the BDA are allowed;
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ii) The order dated 11.07.2014 passed by the learned
Single Judge in WP No.32186/2010 and other
connected writ petitions is set aside. The orders
passed in writ petitions which are decided placing
reliance on the order dated 11.07.2014 passed in WP
No.32186/2010 and other connected writ petitions
are also set aside;
iii) The preliminary notification bearing No.
BDA/COMMR/DC(LA)/ALAO/158/2008-2009,
Bangalore, dated 21.5.2008 and the final notification
bearing No. UDD 51 MNX 2010, Bangalore, dated
18.2.2010 issued for acquisition of lands for the
formation of the "Nadaprabhu Kempegowda Layout"
are upheld subject to the following conditions:
a) With regard to the land owners (excluding the site
owners):
i) All the land owners/ writ petitioners who are
seeking for dropping of their lands from acquisition
on the ground that their lands are (1) nursery lands;
(2) situated within green belt; (3) totally built up;
(4) that the buildings are constructed by religious/
charitable educational institutions; (5) that similar
adjoining lands have been either left out from
acquisition or de-notified, are permitted to make an
application to the BDA seeking for dropping of their
lands from acquisition by producing all such material
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that they deem fit/ necessary in support of their
applications within 3 months from today;
ii) The BDA shall consider each of the said
application/s keeping in mind the status of the lands
as on the date of the preliminary notification and
without taking into consideration any developments/
improvements/ constructions made subsequent to
the preliminary notification;
iii) The BDA shall complete the exercise of
considering the applications of the writ petitioners
and deciding on the same within an outer limit of six
months from today;
iv) The BDA, upon consideration of the application
shall intimate the writ petitioners about its decision;
v) If the BDA is of the opinion that the acquisition
will have to be proceeded with, the BDA is at liberty
to proceed further in accordance with law;
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
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said applications are also to be filed to enable the
BDA to verify the same;
ii) The BDA shall treat the applications 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 in
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;
c) Insofar as the owners of residential sites who form
part of layout and who have sought for dropping
their lands from acquisition 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 first filed
applications pursuant to para (iii) (a) hereinabove,
shall be entitled to a further period of one month
after the decision as contemplated therein is
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intimated to opt to and apply in the manner as
contemplated in para (iii) (a) hereinabove.
iv) Till the aforesaid exercise directed to the
undertaken by the BDA and the applications filed by
the writ petitioners, either for allotment of sites or
for dropping of the lands from acquisition are
considered, their possession shall not be disturbed
and the existing construction shall not be
demolished.
v) In view of the allowing of the above appeals,
pending interlocutory applications, if any, stand
disposed of.
No costs."
Taking into consideration that the petitioners have
that they have put up construction and therefore, in terms
of the judgment referred to above, the writ petition is
disposed of.
SD/-
(E.S.INDIRESH)
JUDGE
SB
