Karnataka High Court
Sri. Bangaru Nayaka vs The State Of Karnataka on 25 January, 2025
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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NC: 2025:KHC:3298
WP No. 646 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO.646 OF 2025 (LA-BDA)
BETWEEN:
1. SRI. BANGARU NAYAKA
S/O SRIKANTA NAYAKA
AGED ABOUT 60 YEARS
R/AT NO.656, KODIGEHALLI POST
MAGADI MAIN ROAD
BENGALURU NORTH TALUK-560 112
2. SRI. SWAMY VELU
S/O SRI. THAVAMANI
AGED ABOUT 37 YEARS
R/AT JAI BHUVANESHWARINAGARA
NANDINI LAYOUT
BENGALURU-560 096
3. SMT. PAPU SARALA
Digitally
W/O SRI. RAJU ABAGARAM
signed by AGED ABOUT 49 YEARS
SUMA B N
Location:
R/AT. NO.528, JAIBHUVANESHWARINAGARA
High Court of NANDINI LAYOUT
Karnataka
BENGALURU-560 096
...PETITIONERS
(BY SRI. H.T. VASANTH KUMAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN AND
DEVELOPMENT, M.S BUILDING
BENGALURU-560 001
REP. BY ITS PRINCIPAL SECRETARY
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WP No. 646 of 2025
2. THE COMMISSIONER
THE BENGALURU DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD
KUMARA PARK EAST
BENGALURU-560 020
3. THE LAND ACQUISITION OFFICER
THE BENGALURU DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD
KUMARA PARK EAST
BENGALURU-560 020
...RESPONDENTS
(BY SRI. HANUMANTHARAYA LAGALI, AGA FOR R1;
SRI. B.S. SACHIN FOR ADVOCATE R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO CONSIDER THE
REPRESENTATION DTD. 07.12.2024 TO DELETE LAND BEARING
SY.NO. 53/14P, 15P AND 53/11 TOTALLY MEASURING 2 ACRES
SITUATED KODIGEHALLI VILLAGE FROM THE ACQUISITION
AND COLLECT THE BETTERMENT CHARGES TO THE
PETITIONERS RESPECTIVE SITES / HOUSE AS PER ANNX-J AND
DIRECT THE RESPONDENTS TO DELETE THE PETITIONERS SITE
BEARING NO.2, MEASURING EAST TO WEST 14 FEET AND
NORTH TO SOUTH 26 FEET. EASTERN PORTION OF SITE
BEARING NO.3 MEASURING EAST TO WEST 14 FEET AND
NORTH TO SOUTH 20 FEET AND SITE BEARING NO.3 AND 4,
MEASURING EAST TO WEST 60 FEET AND NORTH TO SOUTH
40 FEET, FORMED IN SY.NO. 53/14P, 15P AND 53/11
SITUATED AT KODIGEHALLI VILLAGE, YESHWANTHAPURA
HOBLI, BENGALURU NORTH TALUK FROM THE ACQUISITION
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
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WP No. 646 of 2025
ORAL ORDER
Petitioners are before this Court claiming to be the
purchasers of sites forming part of land in Sy.No.53/14P, 15P
and 53/11 totally measuring 2 acres situated at Kodigehalli
Village, Yeshwanthapura Hobli, Bengaluru North Taluk, which
was originally belonging to one Sri.Narasaiah S/o
Chikkahanumaiah. That the said land was subject matter of
acquisition in terms of preliminary Notification dated
21.05.2008 and final Notification dated 18.02.2010, acquired
for the purpose of formation of Nadaprabhu Kempegowda
Layout. That the petitioners have been in settled possession
having constructed buildings thereon.
2. Based on the above averments following reliefs are
sought for:
"WHEREFORE, the Petitioners respectfully
pray that this Hon'ble Court may be pleased to:
(a) Issue a writ of mandamus directing the
Respondents to consider the representation
dated 07.12.2024 to delete land bearing Sy.
No.53/14P, 15P and 53/11 totally measuring 2
acres situated at Kodigehalli Village from the
acquisition and collect the betterment charges to
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the Petitioner's respective sites/house as per
Annexure - J.
(b) Issue a writ of mandamus directing the
Respondents to delete the Petitioners site
bearing No.2, measuring East to West 14 feet
and North to South 26 feet. Eastern portion of
feet and North to South 20 feet and site bearing
No.3 and 4, measuring East to West 60 feet and
North to South 40 feet,. formed in Sy.
No.53/14P, 15P and 53/11 situated at
Kodigehalli Village, Yeshwanthapura Hobli,
Bengaluru North Taluk from the acquisition.
(c) Issue a writ of mandamus directing the
Respondents to collect the betterment charges to
the Petitioners sites formed in Sy.No.53/14P,
15P and 53/11 totally measuring 2 acres situated
at Kodigehalli Village, Yeshwanthapura Hobli,
Bengaluru North Taluk.
(d) Pass any order or direction as this Hon'ble
Court deems fit under the circumstances of the
case in the interest of justice and equity."
3. Counsel for the petitioners reiterating the
averments in the grounds urged in the writ petition submits
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that the petitioner No.1 is the owner of site No.2 purchased
under Deed of Sale dated 01.03.2017, petitioner No.2 is owner
of site No.3 purchased under Deed of Sale dated 26.6.2014,
petitioner No.3 is owner of site No.4 purchased under Sale of
Deed dated 28.04.2005. He submits that the petitioners had
made representation dated 07.12.2024 for regularization of
their respective sites by collecting betterment charges in
furtherance of the provisions of Section 38(D) of the BDA Act
as per Annexure-J, which has not been considered by the
respondents authorities till date.
4. Counsel for the respondents also relies upon the
judgment of Division Bench of this Court passed in Writ Appeal
No.1783/2014 and connected matters dated 22.02.2024 and
relying upon the directions issued in the said judgment submits
that the petitioners' case would also fall within the ambit of the
directions issued there under. Hence, seeks for allowing the
present petition.
5. In response, the counsel for the respondent-BDA
submits that petitioners No.1 and 2 have purchased their sites
subsequent to the acquisition and it is only the petitioner No.3
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who seems to have purchased the property prior to acquisition.
He submits that the benefit under Section 38(D) of the BDA Act
as well as in terms of the directions issued at Division Bench of
this Court in the aforesaid judgment passed in Writ Appeal
No.1783/2014 and connected matters is available only for the
persons who had acquired the right, title and interest prior to
the acquisition. As such petitioners No.1 and 2 are not entitled
for such consideration. However, he fairly submits that if
granted some time, the representation of the petitioners would
be considered in the light of the provisions under Section 38(D)
of the BDA Act by conducting an enquiry as contemplated there
under and appropriate order in this regard would be passed.
6. Submission is taken on record. The petition is
disposed of with the following directions:
i) The petitioners shall file applications in the prescribed
form, if any, seeking regularization in terms of the provisions of
Section 38(D) of the BDA Act within 15 days from the date of
receipt of certified copy of this order.
ii) Respondents-BDA shall conduct an enquiry after
affording sufficient opportunity to the petitioners, pass
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appropriate orders and if the petitioners are found eligible,
regularize the same in accordance with law.
iii) The aforesaid exercise shall be done within an outer
limit of six months from the date of submission of the
applications by the petitioners.
iv) While conducting the enquiry and passing the orders
as above, the respondents-BDA shall also keep in mind the
directions issued by the Division Bench of this Court in Writ
Appeal No.1783/2014 and connected matters.
v) It is made clear that the respondents-BDA shall not
take any coercive action against the petitioners until
determination of the applications as directed hereinabove.
SD/-
(M.G.S. KAMAL)
JUDGE
AP
