Karnataka High Court

The Commissioner vs The State Of Karnataka on 23 October, 2024

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                                                                      WA No. 3167 of 2014




                                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                        DATED THIS THE 23RD DAY OF OCTOBER, 2024

                                                         PRESENT
                                         THE HON'BLE MRS JUSTICE ANU SIVARAMAN
                                                            AND
                                          THE HON'BLE MR JUSTICE UMESH M ADIGA
                                          WRIT APPEAL NO. 3167 OF 2014 (LA-BDA)
                                 BETWEEN:

                                 1.    THE COMMISSIONER,
                                       BANGALORE DEVELOPMENT AUTHORITY,
                                       T. CHOWDAIAH ROAD,
                                       KUMAR PARK WEST,
                                       BANGALORE - 560 020.

                                 2.    THE SPECIAL LAND ACQUISITION OFFICER,
                                       BANGALORE DEVELOPMENT AUTHORITY,
                                       T. CHOWDAIAH ROAD,
                                       KUMARA PARK WEST
                                       BANGALORE-560 020.
                                                                               ...APPELLANTS
                                 (BY SRI. MURUGESH V CHARATI.,ADVOCATE)

Digitally signed by KORLAHALLI
BHARATHIDEVIKRISHNACHARYA        AND:
Location: HIGH COURT OF
KARNATAKA



                                 1.    THE STATE OF KARNATAKA,
                                       REP. BY ITS SECRETARY,
                                       DEPARTMENT OF URBAN DEVELOPMENT,
                                       GOVERNMENT OF KARNATAKA,
                                       VIKASA SOUDHA,
                                       BANGALORE- 560 001.

                                 2.    SMT. LATHA HANUMANTHEGOWDA,
                                       AGED ABOUT 33 YEARS,
                                       W/O A.M. HANUMANTHEGOWDA,
                                       R/AT NO.164/1,
                                       SRI. LAKSHMI NURSERY FARM,
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                                     NC: 2024:KHC:42635-DB
                                      WA No. 3167 of 2014




     ULLALU BASTHI VILLAGE,
     ULLALU POST,
     100 FEET ROAD, 4TH BLOCK,
     SRI M. VISHVESHWARAIAH LAYOUT,
     BANGALORE-560 056.

3.   A.M. HANUMANTHEGOWDA,
     S/O. MUNIYAPPA,
     AGED ABOUT 40 YEARS,
     R/AT NO.164/1,
     SRI. LAKSHMI NURSERY FARM,
     ULLALU BASTHI VILLAGE,
     ULLALU POST,
     100 FEET ROAD, 4TH BLOCK,
     SRI M. VISHVESHWARAIAH LAYOUT,
     BANGALORE -560 056.

4.   SRI. KRISHNAPPA,
     AGED ABOUT 54 YEARS,
     S/O LATE SIDDALINGAPPA
     R/AT BHEEMANAKUPPE
     RAMOHALLI POST,
     KENGERI HOBLI,
     BANGALORE SOUTH TALUK.

5.   PALI EDUCATION SOCIETY REGD.
     NO.1, 2ND MAIN ROAD, BDA LAYOUT,
     PRASHANTHANAGAR (PATTEGARPALYA),
     VIJAYANAGAR WEST,
     BANGALORE-560 079.

     REPRESENTED BY ITS SECRETARY,
     SRI. H.S PALAKSHA MURTHY,
     AGED ABOUT 52 YEARS,
     S/O H.K. SHIVALINGAPPA
                                          ...RESPONDENTS
(BY SRI.VIKAS ROJIPURA, AGA FOR R1,
    SRI. MADANGOUDA N. PATIL, ADVOCATE FOR R2 TO R4,
    SRI. RAMESH H.E., ADVOCATE FOR R5)
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                                             WA No. 3167 of 2014




     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN
THE WRIT PETITION NO.44293-296/2011 DATED 25/07/2014.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MRS JUSTICE ANU SIVARAMAN
          and
          HON'BLE MR JUSTICE UMESH M ADIGA


                     ORAL JUDGMENT

(PER: HON'BLE MRS JUSTICE ANU SIVARAMAN)

This writ appeal is filed against the judgment of the

learned single Judge dated 11.07.2014 in

W.P.No.32186/2010.

2. It is submitted that the writ petition is filed

challenging the final notification issued by the appellant for

the formation of a residential layout as "Nada Prabhu

Kempe Gowda Layout. The learned single Judge had

allowed the writ petitions relying on the judgment dated

11.07.2014 in W.P.No.32186/2010.

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3. It is submitted by learned counsel for the

appellant that the judgment of the learned single Judge in

W.P.No.32186/2010 was subjected to an appeal before the

Division Bench of this Court and by judgment dated

22.02.2024, this Court in W.A.No.1783/2014 has

considered the contentions of the parties and has allowed

the appeal subject to certain conditions. The order portion

of the said appeal reads as follows:

ORDER

i) The above appeals filed by the BDA are allowed;

ii) The order dated 11.7.2014 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 11.7.2014 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)

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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 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 applications 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;

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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 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 a 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 intimated to opt to and

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apply in the manner as contemplated in para

(iii)(b) hereinabove.

iv) Till the aforesaid exercise directed to be 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.