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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, TARA VITASTA GANJU
Prem Singh S/o Late Raja Lakshman Singh – Appellant
Versus
Commissioner Bangalore Development Authority – Respondent
| Table of Content |
|---|
| 1. writ petition and property acquisition context (Para 1 , 2 , 3 , 4) |
| 2. previous legal proceedings and outcomes (Para 5 , 6 , 8) |
| 3. committee's examination and findings (Para 10 , 11 , 12 , 14) |
| 4. leases and property allocation discussions (Para 13 , 21 , 22) |
| 5. finality of committee's decisions and non-challenge (Para 27 , 29) |
| 6. dismissal of writ petition (Para 30 , 31) |
ORDER :
1. The instant writ petition is filed seeking the following prayers:-
"a. To issue writ of certiorari, any other appropriate writ, or order or direction quashing impugned order (Annexure-F) dated 20-05-2024, in proceedings bearing KNKC No.169/2022, 170/2022, 171/2022, 172/2022 and 176/2022, issued by the 2nd respondent, and grant such reliefs this Hon'ble Court may be deem fit in the facts and circumstances of this case.
b. Declare that the schedule property has been dropped from acquisition in the light of the judgment passed by this Hon'ble Court in W.A.2757/2005 and the Hon'ble Supreme Court in the case of Bondu Ramaswamy and others vs. Bangalore development authority and others, 2010 (7) SCC 129. And as per final Notification Dated:18/06/2014, Bearing No.UDD426 MSJ/2011.
c. Grant Such Other And
Lack of objection in prior acquisition proceedings bars later claims for de-notification by landowners, affirming the finality of judicial orders.
Acquisition of isolated lands is unjustified if neighboring lands are excluded, necessitating adherence to Committee recommendations as per judicial directives.
The court directed the BDA to expedite the allotment process for land sites in accordance with previous rulings, ensuring timely responses to all representations.
Court emphasized that land acquisitions must adhere to legal principles established in previous rulings, ensuring practical and logical considerations before proceeding.
Land ownership claims based on unidentifiable sale deeds were dismissed, upholding the committee's findings due to lack of clear identification.
The court emphasized the need for the Bangalore Development Authority to expedite the processing of land allotment applications in line with existing legal frameworks and mandates.
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