Karnataka High Court
Sri K M Rajanna vs The State Of Karnataka on 10 June, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
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WP No. 37276 of 2013
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 37276 OF 2013 (LA-BDA)
BETWEEN:
1. SRI K M RAJANNA
S/O LATE MARANNA
AGED ABOUT 42 YEARS
BHEEMANAKUPPE VILLAGE,
RAMOHALLI POST
KENGERI HOBLI
BANGALORE SOUTH TALUK
BANGALORE-560060.
...PETITIONER
(BY SRI. C S SURYA KANTH .,ADVOCATE)
AND:
Digitally signed
1. THE STATE OF KARNATAKA
by NAGAVENI DEPARTMENT OF HOUSING AND URBAN
Location: High
Court of DEVELOPMENT, M.S. BUILDING,
Karnataka BANGALORE-560001
REP BY ITS SECRETARY.
2. BANGALORE DEVELOPMENT AUTHOIRTY
T. CHOWDAIAH ROAD,
K.P WEST EXTENSION
BANGALORE-20
REP BY ITS COMMISSIONER.
3. THE ADDITIONAL LAND ACQUISITION OFFICER
-2-
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WP No. 37276 of 2013
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BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD,
K. P WEST EXTENSION,
BANGALORE-20.
...RESPONDENTS
(BY SMT. RASHMI RAO, H.C.G.P. FOR R1;
SRI. B. VACHAN, ADVOCATE FOR R2 AND 3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE PRELIMINARY NOTIFICATION DATED 21.5.2008
PUSBLISHED IN KARNATAKA GAZETTE DATED 22.5.2008
ISSUED U/S 17[1] AND [3] OF THE BDA ACT 1976 AT ANNX-A
ISSUED BY R2 IN SO FAR AS THE PETITIONER IS CONCERNED
AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
1. The petitioner is before this Court seeking the
following prayers -
"a) Issue Writ of Certiorari or writ in the
nature of the Certiorari quashing the
Preliminary Notification dated 21.05.2008
bearingNo.BDA/COMMR/DC/LA/ALAO/158/20
08-09 Bangalore published in Karnataka
Gazette dated 22.05.2008 issued under
Section 17(1) and (3) of the BDA Act 1976 at
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Annexure-A issued by the second respondent
insofar as the petitioner is concerned.
b) Issue a Writ of Certiorari or writ in the
nature of the Certiorari quashing the Final
Notification dated 18.02.2010 bearing
No.UDD 51 MNX 2010 issued under Section
19(1) of the Bangalore Development
Authority Act, 1976 issued by the first
respondent produced at Annexure-B insofar
as the petitioner is concerned.
c) Issue a Writ of Certiorari or writ in the
nature of the Certiorari quashing the Notice
issued under Section 9 and 10 of the Land
Acquisition Act, 1894 bearing No.Bhoo
Swaa.Praa.Sankye.660/2011-12 dated
17.08.2011 issued by the third respondent
produced at Annexure-C."
2. The learned counsel for the petitioner submits that
the acquisition for 'Nadaprabhu Kempegowda Layout'
has been affirmed with certain directions by the
Division Bench in W.A.No.1783/20141 and
Bangalore Development Authority & Another vs. Sri.R. Shankaran & Another
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connected matters dated 22.02.2024. The directions
so issued are 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):
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)
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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;
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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
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.
v) In view of the allowing of the above
appeals, pending interlocutory applications, if
any, stand disposed of.
No costs."
3. The learned counsel for the petitioner submits that
the petition be disposed with liberty to submit a
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representation, as is reserved by the Division Bench
in the aforesaid judgment, in the event he would
stand covered by the directions so issued.
4. Learned counsel for the Bangalore Development
Authority ("BDA"), Sri. B.Vachan seeks to submit
that the petitioner cannot be declared to be
beneficiary even on consideration of a
representation, as he is not the site owner.
5. Be that as it may, I deem it appropriate to dispose
the petition in the light of the acquisition being
upheld by the Division Bench in
W.A.No.1783/2014 and connected matters
reserving liberty to the petitioner to submit a
representation pending out his grievance, if any.
6. If a representation is submitted, it is needless to
observe that the BDA would consider the same in
accordance with law and pass necessary orders and
communicate the orders so passed to the petitioner.
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7. With the aforesaid observations, the petition stands
disposed of.
Sd/-
(M.NAGAPRASANNA)
JUDGE
HNM
