Karnataka High Court

Smt. Bagyamma vs The State Of Karnataka on 10 June, 2025

Author: M.Nagaprasanna

Bench: M.Nagaprasanna

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                                                            NC: 2025:KHC:19777
                                                         WP No. 39047 of 2013


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                        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. 39047 OF 2013 (LA-BDA)
                   BETWEEN:

                   1.   SMT. BAGYAMMA
                        AGED ABOUT 45 YEARS
                        NO.185, 9TH C MAIN ROAD
                        VIJAYANAGARA, BANGALORE-560040
                                                                ...PETITIONER
                   (BY SRI. H T VASANTH KUMAR .,ADVOCATE)

                   AND:

                   1.   THE STATE OF KARNATAKA
                        URBAN DEVELOPMENT DEPARTMENT
                        M S BUILDING
                        BANGALORE-560001
                        REPRESENTED BY ITS SECRETARY.
Digitally signed
by NAGAVENI        2.   THE COMMISSIONER
Location: High
Court of                BANGALORE DEVELOPMENT AUTHORITY
Karnataka               T. CHOWDAIAH ROAD, BANGALORE-560020.

                   3.   THE SENIOR LAND ACQUISITION OFFICER
                        BANGALORE DEVELOPMENT AUTHORITY
                        T. CHOWDAIAH ROAD
                        KUMARA PARK WEST
                        BANGALORE-560020.
                                                              ...RESPONDENTS
                   (BY SMT. RASHMI RAO, H.C.G.P. FOR RESPONDENT NO.1;

                   SRI. B. VACHAN, ADVOCATE FOR RESPONDENTS NO.2 & 3)
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                                                  NC: 2025:KHC:19777
                                              WP No. 39047 of 2013


HC-KAR




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE PRELIMINARY NOTIFICATION DT.21.5.2008 U/S
17(1) & (3) OF B.D.A. ACT FOR THE LAYOUT CALLED
NADAPRABHU KEMPEGOWDA LAYOUT, ISSUED BY R-2 & 3 IN
RESPECT OF SY.NO.57 KATHA NO.86 SO FAR AS AT ANNX-A
TO THE SCHEDULE PROPERTY SITUATED AT KODIGEHALLI
VILLAGE, YESHWANTHAPUR HOBLI, BANGALORE NORTH
TALUK AND ETC.

     THIS PETITION, COMING ON FOR FINAL HEARING, 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 any other appropriate writ or direction as the case may be and to quash the preliminary Notification vide No.BDA/Commissioner/DC(LA)/ALAO/158/2008-

09 Bangalore dated 21-5-2008 under section 17(1) and (3) of B.D.A Act for the layout called Nadaprabhu Kempegowda Layout, issued by 2nd and 3rd respondent in respect of Sy. No.57 Katha No.86 so far as at Annexure-A to the schedule property situated at Kodigehalli village, Yeshwanthpura Hobli, Bangalore North Taluk.

b) to quash gazette final Notification No.UDD 51

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MNX 2010, Bangalore dated 18-2-2010, under section 19 (1) of B.D.A Act for the layout called Nadaprabhu Kempegowda Layout approved by the 1st respondent vide so far as Sy. No.57 serial No.307 of Annexure-G of the schedule property situated at Kodigehalli village, Yeshwanthpura Hobli, Bangalore North taluk.

c) pass an order directing the Respondents from taking any further action in pursuance of the said notifications and from passing the award, from dispossessing the petitioner, from demolishing the existing structures or changing the nature in respect of schedule property."

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

connected matters dated 22.02.2024. The directions

so issued are as follows -

"ORDER

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

Bangalore Development Authority & Another vs. Sri.R. Shankaran & Another

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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) 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

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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;

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

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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

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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.