Karnataka High Court
Smt. Shamala C vs The State Of Karnataka on 2 May, 2025
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
-1-
NC: 2025:KHC:18215
WP No. 13362 of 2025
C/W WP No. 13364 of 2025
WP No. 13366 of 2025
AND OTHER PETITIONS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MAY, 2025
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 13362 OF 2025 (LB-BMP)
C/W
WRIT PETITION NO. 13364 OF 2025 (LB-BMP)
WRIT PETITION NO. 13366 OF 2025 (LB-BMP)
WRIT PETITION NO. 13367 OF 2025 (LB-BMP)
WRIT PETITION NO. 13368 OF 2025 (LB-BMP)
WRIT PETITION NO. 13371 OF 2025 (LB-BMP)
WRIT PETITION NO. 13373 OF 2025 (LB-BMP)
WRIT PETITION NO. 13375 OF 2025 (LB-BMP)
WRIT PETITION NO. 13377 OF 2025 (LB-BMP)
WRIT PETITION NO. 13379 OF 2025 (LB-BMP)
Digitally signed
by VIDYA G R IN W.P. No. 13362/2025
Location:
HIGH COURT
OF BETWEEN:
KARNATAKA
1. SMT. SHAMALA C
W/O H.K. VENKATESH
AGED ABOUT 49 YEARS,
R/A NO. 8, JHANSI ENCLAVE,
PRAKRUTHI NAGARA, KOGILU ROAD,
YELAHANKA, BENGALURU - 560 064
... PETITIONER
(BY SRI. MALLIKARJUNAIAH K S., ADVOCATE)
-2-
NC: 2025:KHC:18215
WP No. 13362 of 2025
C/W WP No. 13364 of 2025
WP No. 13366 of 2025
AND OTHER PETITIONS
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA,
AMBEDKAR VEEDHI
BENGALURU-560 001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY
2. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY
SANKEY ROAD,
BANGALUR-560 020
3. CHIEF COMMISSIONER,
BBMP ANNEX BUILDING-1,
BBMP MAIN ROAD,
NARASIMHARAJA CIRCLE,
BANGALORE - 560 002.
4. ZONAL COMMISSIONER, BBMP
YELAHANKA ZONE,
BATRAYANAPURA
BENGALURU - 560 092.
5. DEPUTY COMMISSIONER
(LAQ AND TDR)
ROOM NO. 208, 2ND FLOOR,
ANNEX BUILDING-3, NR SQUARE
BENGALURU - 560 002
... RESPONDENTS
(BY SMT. B.P. RADHA, AGA FOR R1 & R5;
SRI K. KRISHNA, ADVOCATE FOR R2;
SRI B.L. SANJEEV, ADVOCATE FOR R3 & R4)
-3-
NC: 2025:KHC:18215
WP No. 13362 of 2025
C/W WP No. 13364 of 2025
WP No. 13366 of 2025
AND OTHER PETITIONS
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTIFICATION DATED 08.01.2025 VIDE ITS NUMBER,
SANKEY:BRUBAMMAPA/MU.AYUKTHARU/PSR(G)/2906/2024-25
PUBLISHED IN PRAJAVANI DAILY NEWS PAPER DATED
10.01.2025 VIDE ANNEXURE-E AND ETC.
IN W.P. NO. 13364/2025
BETWEEN:
1. SRI. P RAMA REDDY
S/O LATE PEDDAVENKATAPPA,
AGED ABOUT 71 YEARS,
R/A NO. 8, JHANSI ENCLAVE,
PRAKRUTHI NAGARA,
KOGILU ROAD, YELAHANKA,
BENGALURU - 560 064
... PETITIONER
(BY SRI. MALLIKARJUNAIAH K S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA,
AMBEDKAR VEEDHI
BENGALURU-560 001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY
2. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY
SANKEY ROAD,
BANGALUR-560 020
-4-
NC: 2025:KHC:18215
WP No. 13362 of 2025
C/W WP No. 13364 of 2025
WP No. 13366 of 2025
AND OTHER PETITIONS
3. COMMISSIONER BBMP
YELAHANKA ZONE,
BATRAYANAPURA
BENGALURU - 560 092.
4. CHIEF COMMISSIONER,
BBMP ANNEX BUILDING - 1,
BBMP MAIN ROAD,
NARASIMHARAJA CIRCLE,
BANGALORE - 560 002.
5. ZONAL COMMISSIONER BBMP
YELAHANKA ZONE,
BYTRAYANAPURA
BENGALURU - 560 092
... RESPONDENTS
(BY SMT. B.P. RADHA, AGA FOR R1;
SRI K. KRISHNA, ADVOCATE FOR R2;
SRI B.L. SANJEEV, ADVOCATE FOR R3 TO R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTIFICATION DATED 08.01.2025 VIDE ITS NUMBER,
SANKEY:BRUBAMMAPA/MU.AYUKTHARU/PSR(G)/2906/2024-25
PUBLISHED IN PRAJAVANI DAILY NEWS PAPER DATED
10.01.2025 VIDE ANNEXURE-F AND ETC.
IN W.P. NO. 13366/2025
BETWEEN:
1. SRI. K ATMARAM
S/O LATE KRISHNA SWAMI NAIDU,
AGED ABOUT 91 YEARS,
R/A NO. 03, JHANSI ENCLAVE,
PRAKRUTHI NAGARA,
KOGILU ROAD,
-5-
NC: 2025:KHC:18215
WP No. 13362 of 2025
C/W WP No. 13364 of 2025
WP No. 13366 of 2025
AND OTHER PETITIONS
YELAHANKA,
BENGALURU-560 064
... PETITIONER
(BY SRI. MALLIKARJUNAIAH K S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA,
AMBEDKAR VEEDHI
BENGALURU-560 001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY
2. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY
SANKEY ROAD,
BANGALUR-560 020
3. COMMISSIONER BBMP
BBMP ANNEX BUILDING - 1
BBMP MAIN ROAD
NRASIMHARAJA CIRCLE,
BENGALURU - 560 002.
4. ZONAL COMMISSIONER BBMP
YELAHANKA ZONE
BATRAYANAPUA
BANGALORE- 560 092.
5. DEPUTY COMMISSIONER (LAQ AND DRT)
ROOM NO. 208, 2ND FLOOR,
ANNEX BUILDING- 3, NR SQUARE
BENGALURU - 560 002
... RESPONDENTS
-6-
NC: 2025:KHC:18215
WP No. 13362 of 2025
C/W WP No. 13364 of 2025
WP No. 13366 of 2025
AND OTHER PETITIONS
(BY SMT. B.P. RADHA, AGA FOR R1 & R5;
SRI K. KRISHNA, ADVOCATE FOR R2;
SRI B.L. SANJEEV, ADVOCATE FOR R3 AND R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTIFICATION DATED 08.01.2025 VIDE ITS NUMBER,
SANKEY:BRUBAMMAPA/MU.AYUKTHARU/PSR(G)/2906/2024-25
PUBLISHED IN PRAJAVANI DAILY NEWS PAPER DATED
10.01.2025 VIDE ANNEXURE-H AND ETC.
IN W.P. NO. 13367/2025
BETWEEN:
1. SRI. MURALI KRISHNA K V
S/O VENKATA REDDY A,
AGED ABOUT 31 YEARS,
R/AT NO.2, JHANSI ENCLAVE,
PRAKRUTHI NAGARA, KOGILU ROAD,
YELAHANKA, BENGALURU-560 064
... PETITIONER
(BY SRI. MALLIKARJUNAIAH K S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA,
AMBEDKAR VEEDHI,
BENGALURU-560 001
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY,
SANKEY ROAD, BENGALURU-560 020
-7-
NC: 2025:KHC:18215
WP No. 13362 of 2025
C/W WP No. 13364 of 2025
WP No. 13366 of 2025
AND OTHER PETITIONS
3. CHIEF COMMISSIONER
BBMP ANNEX BUILDING-1,
BBMP MAIN ROAD,
NARASIMHARAJA CIRCLE,
BANGALORE-560 002
4. ZONAL COMMISSIONER BBMP
YELAHANKA ZONE,
BATRAYANAPURA,
BENGALURU-560 092
5. DEPUTY COMMISSIONER (LAQ AND TDR)
ROOM NO.208, 2ND FLOOR,
ANNEX BUILDING-3, NR SQUARE,
BENGALURU-560 002
... RESPONDENTS
(BY SMT. B.P. RADHA, AGA FOR R1 & R5;
SRI K. KRISHNA, ADVOCATE FOR R2;
SRI B.L. SANJEEV, ADVOCATE FOR R3 AND R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTIFICATION DATED 08.01.2025 VIDE ITS NUMBER,
SANKEY:BRUBAMMAPA/MU.AYUKTHARU/PSR(G)/2906/2024-25
PUBLISHED IN PRAJAVANI DAILY NEWS PAPER DATED
10.01.2025 VIDE ANNEXURE-G AND ETC.
IN W.P. NO. 13368/2025
BETWEEN:
1. SMT. NIRUPAMA N
W/O SACHIN KUMAR S,
AGED ABOUT 41 YEARS,
R/AT NO.9, JHANSI ENCLAVE,
-8-
NC: 2025:KHC:18215
WP No. 13362 of 2025
C/W WP No. 13364 of 2025
WP No. 13366 of 2025
AND OTHER PETITIONS
PRAKRUTHI NAGARA,
KOGILU ROAD, YELAHANKA,
BENGALURU-560 064
... PETITIONER
(BY SRI. MALLIKARJUNAIAH K S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA,
AMBEDKAR VEEDHI,
BENGALURU-560 001
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY,
SANKEY ROAD, BENGALURU-560 020
3. CHIEF COMMISSIONER
BBMP ANNEX BUILDING-1,
BBMP MAIN ROAD,
NARASIMHARAJA CIRCLE,
BANGALORE-560 002
4. ZONAL COMMISSIONER BBMP
YELAHANKA ZONE,
BATRAYANAPURA,
BENGALURU-560 092
5. DEPUTY COMMISSIONER (LAQ AND TDR)
ROOM NO.208, 2ND FLOOR,
ANNEX BUILDING-3, NR SQUARE,
BENGALURU-560 002
... RESPONDENTS
-9-
NC: 2025:KHC:18215
WP No. 13362 of 2025
C/W WP No. 13364 of 2025
WP No. 13366 of 2025
AND OTHER PETITIONS
(BY SMT. B.P. RADHA, AGA FOR R1 & R5;
SRI K. KRISHNA, ADVOCATE FOR R2;
SRI B.L. SANJEEV, ADVOCATE FOR R3 AND R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTIFICATION DATED 08.01.2025 VIDE ITS NUMBER,
SANKEY:BRUBAMMAPA/MU.AYUKTHARU/PSR(G)/2906/2024-25
PUBLISHED IN PRAJAVANI DAILY NEWS PAPER DATED
10.01.2025 VIDE ANNEXURE-E AND ETC.
IN W.P. NO. 13371/2025
BETWEEN:
1. SRI. SHIVAKUMAR
S/O LATE ESHWARAPPA,
AGED ABOUT 61 YEARS,
R/A NO.14, JHANSI ENCLAVE,
PRAKRUTHI NAGARA,
KOGILU ROAD, YELAHANKA,
BENGALURU-560 064
... PETITIONER
(BY SRI. MALLIKARJUNAIAH K S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA,
AMBEDKAR VEEDHI
BENGALURU-560 001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY
2. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY
- 10 -
NC: 2025:KHC:18215
WP No. 13362 of 2025
C/W WP No. 13364 of 2025
WP No. 13366 of 2025
AND OTHER PETITIONS
SANKEY ROAD,
BANGALUR-560 020
3. CHIEF COMMISSIONER,
BBMP ANNEX BUILDING - 1,
BBMP MAIN ROAD,
NARASIMHARAJA CIRCLE,
BANGALORE - 560 002.
4. ZONAL COMMISSIONER BBMP
YELAHANKA ZONE,
BATRAYANAPURA
BENGALURU - 560 092.
5. DEPUTY COMMISSIONER (LAQ TDR)
ROOM NO. 208, 2ND FLOOR,
ANNEX BUILDING- 3, NR SQUARE
BENGALURU - 560 002
... RESPONDENTS
(BY SMT. B.P. RADHA, AGA FOR R1 & R5;
SRI K. KRISHNA, ADVOCATE FOR R2;
SRI B.L. SANJEEV, ADVOCATE FOR R3 AND R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTIFICATION DATED 08.01.2025 VIDE ITS NUMBER,
SANKEY:BRUBAMMAPA/MU.AYUKTHARU/PSR(G)/2906/2024-25
PUBLISHED IN PRAJAVANI DAILY NEWS PAPER DATED
10.01.2025 VIDE ANNEXURE-K AND ETC.
IN W.P. NO. 13373/2025
BETWEEN:
1. SMT. MAMATHA G
W/O MAHADEVA V,
AGED ABOUT 37 YEARS,
- 11 -
NC: 2025:KHC:18215
WP No. 13362 of 2025
C/W WP No. 13364 of 2025
WP No. 13366 of 2025
AND OTHER PETITIONS
R/O NO.10, JHANSI ENCLAVE,
PRAKRUTHI NAGARA,
KOGILU ROAD, YELAHANKA,
BENGALURU-560 064
... PETITIONER
(BY SRI. MALLIKARJUNAIAH K S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA,
AMBEDKAR VEEDHI,
BENGALURU-560 001
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY,
SANKEY ROAD,
BENGALURU-560 020
3. COMMISSIONER BBMP
YELAHANKA ZONE,
BATRAYANAPURA,
BENGALURU-560 092
4. CHIEF COMMISSIONER
BBMP ANNEX BUILDING-1,
BBMP MAIN ROAD,
NARASIMHARAJA CIRCLE,
BANGALORE-560 002
5. ZONAL COMMISSIONER BBMP
YELAHANKA ZONE,
- 12 -
NC: 2025:KHC:18215
WP No. 13362 of 2025
C/W WP No. 13364 of 2025
WP No. 13366 of 2025
AND OTHER PETITIONS
BATRAYANAPURA,
BENGALURU-560 092
... RESPONDENTS
(BY SMT. B.P. RADHA, AGA FOR R1;
SRI K. KRISHNA, ADVOCATE FOR R2;
SRI B.L. SANJEEV, ADVOCATE FOR R3 TO R5)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTIFICATION DATED 08.01.2025 VIDE ITS NUMBER,
SANKEY:BRUBAMMAPA/MU.AYUKTHARU/PSR(G)/2906/2024-25
PUBLISHED IN PRAJAVANI DAILY NEWS PAPER DATED
10.01.2025 VIDE ANNEXURE-H AND ETC.
IN W.P. NO. 13375/2025
BETWEEN:
1. SMT. RAJANI C K
W/O SUDHEENDRA S,
AGED ABOUT 39 YEARS,
R/AT NO.223, BAGALUR,
JALA HOBLI,
BANGALORE-562 149
... PETITIONER
(BY SRI. MALLIKARJUNAIAH K S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA,
AMBEDKAR VEEDHI,
BENGALURU-560 001
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
- 13 -
NC: 2025:KHC:18215
WP No. 13362 of 2025
C/W WP No. 13364 of 2025
WP No. 13366 of 2025
AND OTHER PETITIONS
2. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY,
SANKEY ROAD, BENGALURU-560 020
3. CHIEF COMMISSIONER
BBMP ANNEX BUILDING-1,
BBMP MAIN ROAD,
NARASIMHARAJA CIRCLE,
BANGALORE-560 002
4. ZONAL COMMISSIONER BBMP
YELAHANKA ZONE, BATRAYANAPURA,
BENGALURU-560 092
5. DEPUTY COMMISSIONER (LAQ AND TDR)
ROOM NO.208, 2ND FLOOR,
ANNEX BUILDING-3, NR SQUARE,
BENGALURU-560 002
... RESPONDENTS
(BY SMT. B.P. RADHA, AGA FOR R1 & R5;
SRI K. KRISHNA, ADVOCATE FOR R2;
SRI B.L. SANJEEV, ADVOCATE FOR R3 AND R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTIFICATION DATED 08.01.2025 VIDE ITS NUMBER,
SANKEY:BRUBAMMAPA/MU.AYUKTHARU/PSR(G)/2906/2024-25
PUBLISHED IN PRAJAVANI DAILY NEWS PAPER DATED
10.01.2025 VIDE ANNEXURE-E AND ETC.
IN W.P. NO. 13377/2025
BETWEEN:
1. SRI. BOYALLA CHENNAREDDY
S/O BOYALLA NARAYANREDDY
AGED 64 YEARS,
- 14 -
NC: 2025:KHC:18215
WP No. 13362 of 2025
C/W WP No. 13364 of 2025
WP No. 13366 of 2025
AND OTHER PETITIONS
2. SRI B. SHASHIDHAR REDDY
S/O CHENNA REDDY,
AGED 33 YEARS,
BOTH ARE RESIDING AT
R/A NO. 13, JHANSI ENCLAVE,
PRAKRUTHI NAGARA,
KOGILU ROAD, YELAHANKA,
BENGALURU-560 064
... PETITIONERS
(BY SRI. MALLIKARJUNAIAH K S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA, AMBEDKAR VEEDHI
BENGALURU-560 001.
2. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY
SANKEY ROAD, BANGALUR-560 020
3. CHIEF COMMISSIONER,
BBMP ANNEX BUILDING - 1,
BBMP MAIN ROAD,
NARASIMHARAJA CIRCLE,
BANGALORE - 560 002.
4. ZONAL COMMISSIONER BBMP
YELAHANKA ZONE,
BATRAYANAPURA
BENGALURU - 560 002.
5. DEPUTY COMMISSIONER (LAQ AND TDR)
ROOM NO. 208, 2ND FLOOR,
- 15 -
NC: 2025:KHC:18215
WP No. 13362 of 2025
C/W WP No. 13364 of 2025
WP No. 13366 of 2025
AND OTHER PETITIONS
ANNEX BUILDING - 3, NR SQUARE
BENGALURU - 560 002
... RESPONDENTS
(BY SMT. B.P. RADHA, AGA FOR R1 & R5;
SRI K. KRISHNA, ADVOCATE FOR R2;
SRI B.L. SANJEEV, ADVOCATE FOR R3 AND R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTIFICATION DATED 08.01.2025 VIDE ITS NUMBER,
SANKEY:BRUBAMMAPA/MU.AYUKTHARU/PSR(G)/2906/2024-
25 PUBLISHED IN PRAJAVANI DAILY NEWS PAPER DATED
10.01.2025 VIDE ANNEXURE-K AND ETC.
IN W.P. NO. 13379/2025
BETWEEN:
1. SRI. IRFAN KHAN B N
S/O NAVAB KHAN,
AGED ABOUT 39 YEARS,
NO. 11, JHANSI ENCLAVE,
PRAKRUTHI NAGARA,
KOGILU ROAD, YELAHANKA,
BENGALURU-560 064
... PETITIONER
(BY SRI. MALLIKARJUNAIAH K S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA, AMBEDKAR VEEDHI
BENGALURU-560 001.
REPRESENTED BY ITS
PRINCIPAL SECRETARY
- 16 -
NC: 2025:KHC:18215
WP No. 13362 of 2025
C/W WP No. 13364 of 2025
WP No. 13366 of 2025
AND OTHER PETITIONS
2. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY
SANKEY ROAD,
BANGALUR-560 020
3. CHIEF COMMISSIONER
BBMP ANNEX BUILDING-1
BBMP MAIN ROAD
NARASIMHARAJA CIRCLE,
BENGALURU - 560 002.
4. ZONAL COMMISSIONER BBMP
YELAHANKA ZONE, BATRAYANAPUA
BANGALORE - 560 092.
5. DEPUTY COMMISSIONER
(LAQ AND TDR)
ROOM NO. 208, 2ND FLOOR,
ANNEX BUILDING - 3, NR SQUARE
BENGALURU - 560 002
... RESPONDENTS
(BY SMT. B.P. RADHA, AGA FOR R1 & R5;
SRI K. KRISHNA, ADVOCATE FOR R2;
SRI B.L. SANJEEV, ADVOCATE FOR R3 AND R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTIFICATION DATED 08.01.2025 VIDE ITS NUMBER,
SANKEY:BRUBAMMAPA/MU.AYUKTHARU/PSR(G)/2906/2024-
25 PUBLISHED IN PRAJAVANI DAILY NEWS PAPER DATED
10.01.2025 VIDE ANNEXURE-G AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV
- 17 -
NC: 2025:KHC:18215
WP No. 13362 of 2025
C/W WP No. 13364 of 2025
WP No. 13366 of 2025
AND OTHER PETITIONS
ORAL ORDER
The petitions are taken up together and disposed off vide common order, as the impugned notification of the respondent Bruhat Bengaluru Mahanagara Palike (BBMP) pertains to sites located in Jhansi Enclave, Prakruthi Nagar, Kogilu Village, Yelahanka Hobli, Bengaluru North Taluk.
2. The petitioners are stated to be the owners of individual sites situated at Jhansi Enclave, Prakruthi Nagar morefully described in the Schedule and have filed the present Writ Petitions seeking for issuance of a writ of certiorari to quash the Notification [at Annexure-'E' in W.P. No.13362/2025; at Annexure-'F' in W.P.No.13364/2025; at Annexure-'H' in W.P. No.13366/2025; at Annexure-'G' in W.P.No.13367/2025; at Annexure-'E' in W.P. No.13368/2025, at Annexure-'K' in W.P.No.13371/2025; at Annexure-'H' in W.P.No.13373/2025; at Annexure-'E' in W.P.No.13375/2025; at Annexure-'K in W.P. No.13377/2025; at Annexure-'G' in W.P.No.13379/2025]
- 18 -
NC: 2025:KHC:18215 WP No. 13362 of 2025 C/W WP No. 13364 of 2025 WP No. 13366 of 2025 AND OTHER PETITIONS issued in exercise of power under Section 14-B of the Karnataka Town and Country Planning Act, 1961 (for short 'the Act'). The petitioners have also sought for a writ of mandamus to direct the respondents to form road from existing Main Road from Prakruthi Nagar to Gastikempanahalli. Further, to declare any action taken pursuant to the impugned Notification would be of no consequence in the eye of law.
3. It is submitted that the respondent BBMP in exercise of the power under Section 14-B of the Act, has issued notification No.BBMP/CC/PSR(G)/2906/2024-25 dated 08.01.2025 for formation of a proposed 18 meter wide road from Kogilu Main Road to Sampige Halli (Jakkur) via Gastikempanahalli and the Transferable Development Rights ('TDR') is proposed to be issued to the petitioners as compensation for the land acquired.
4. The petitioners are stated to have made out representations [at Annexure-'J' in W.P.No.13362/2025; at Annexure-'K' in W.P.No.13364/2025; at Annexure-'J' in
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NC: 2025:KHC:18215 WP No. 13362 of 2025 C/W WP No. 13364 of 2025 WP No. 13366 of 2025 AND OTHER PETITIONS W.P.No.13366/2025; at Annexure-'L' in W.P. No.13367/2025; at Annexure-'J' in W.P. No.13368/2025, at Annexure-'P' in W.P.No.13371/2025; at Annexure-'L' in W.P.No.13373/2025; at Annexure-'H' in W.P.No. 13375/2025; at Annexure-'P' in W.P.No.13377/2025; at Annexure-'K' in W.P.No.13379/2025] to the Revenue Minister, Government of Karnataka/Land Acquisition Officer and TDR Officer, objecting to the acquisition that it would affect their residential property. The petitioners have also raised other contentions, including; the existence of alternate road, no prior individual notice has been issued, no acquisition proceedings under the Land Acquisition Act have been initiated and that no monetary compensation is given. . At the time of oral arguments, it is further contended that the petitioners are not interested in accepting the TDR being offered for giving up rights in their property.
4. Taking into consideration the contentions raised and the impugned notification of the respondent BBMP, it
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NC: 2025:KHC:18215 WP No. 13362 of 2025 C/W WP No. 13364 of 2025 WP No. 13366 of 2025 AND OTHER PETITIONS would be relevant to note the observations made by the co-ordinate bench of this Court in similar factual context in W.P.No.1166/2019 vide order dated 10.04.2019. The relevant observations made by the Co-ordinate Bench are extracted below:
"7. Having heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents, it is clear that the notification under Section 14-B of the Act that has been made by the respondent-BBMP is only an offer made to the property owners to give up their properties voluntarily in return for grant of TDR Certificates, which would be in lieu of monetary compensation. In fact, Section 14-B(6) of the Act would clarify the said position. The said provision reads as follows:-
"14-B. Benefit of development rights.-
(6) If the owner does not agree to surrender his 'Area' required by a Public Authority for any public purpose, for the Development Rights and demands for monetary compensation, then the Public Authority may acquire such 'Area' by providing compensation as per the provisions of the Right to Fair
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NC: 2025:KHC:18215 WP No. 13362 of 2025 C/W WP No. 13364 of 2025 WP No. 13366 of 2025 AND OTHER PETITIONS Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other law prevailing."
8. In light of the provisions of Section 14- B(6) of the Act, it is clear that, if the petitioner was unwilling to accept the 'Development Rights Certificates,' which was being offered in lieu of monetary compensation, the respondent-BBMP would have to resort to acquisition under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other law prevailing.
9. Hence, it is made clear that in light of the rejection of offer made by the respondent- BBMP, the BBMP would not interfere with the rights of the properties of petitioner. However, the respondent-BBMP is entitled to:-
(a) Initiate appropriate proceedings for acquisition of properties of the petitioner as may be required for the purpose of implementing their project under the provisions of Right to Fair Compensation and Transparency in
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NC: 2025:KHC:18215 WP No. 13362 of 2025 C/W WP No. 13364 of 2025 WP No. 13366 of 2025 AND OTHER PETITIONS Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other law prevailing;
(b) They are entitled to obtain transfer of property of the petitioner to the extent as may be required for the purpose of implementation of the project by negotiations after obtaining the Deed of Conveyance.
(c) All other contentions of the parties are kept open and without prejudice to the rights of the petitioner."
5. In light of the above, the present petitions are required to be allowed, while the impugned Notification dated 08.01.2025 under Section 14-B of the Act does not require to be set aside.
6. Hence, it is made clear that in light of the rejection of offer made by the respondent-BBMP, the BBMP cannot interfere with the rights of the properties of petitioners till appropriate steps are taken to deprive
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NC: 2025:KHC:18215 WP No. 13362 of 2025 C/W WP No. 13364 of 2025 WP No. 13366 of 2025 AND OTHER PETITIONS property of the petitioners as prescribed under law. However, the respondent-BBMP is entitled to:-
(i) Initiate appropriate proceedings for acquisition of properties of the petitioners as may be required for the purpose of implementing their project under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other law prevailing;
(ii) They are entitled to obtain transfer of property of the petitioners to the extent as may be required for the purpose of implementation of the project by negotiations after obtaining the Deed of Conveyance.
(ii) All other contentions of the parties are kept open to be raised appropriately and
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NC: 2025:KHC:18215 WP No. 13362 of 2025 C/W WP No. 13364 of 2025 WP No. 13366 of 2025 AND OTHER PETITIONS direction is passed without prejudice to the rights of the petitioners.
Accordingly, these petitions are disposed off.
Sd/-
(S SUNIL DUTT YADAV) JUDGE BGN/VGR