JUDGMENT :

D K SINGH, J.

I PREFACE:

1. The present batch of appeals have been filed against the common Impugned Order dated 13.01.2025 passed by the learned Single Judge in W.P. No.43342/2015 and Connected Matters. The learned Single Judge, while disposing of the Writ Petitions, allowed the acquisition proceedings over agricultural lands on the condition that the Respondents shall obtain necessary clearances from the Ministry of Environment, Forest and Climate Change, Government of India (hereinafter referred to as ‘the MoEFCC’), and quashed the acquisition proceedings over converted lands, except for the purpose of forming roads as per the Comprehensive Development Plan.

II BRIEF FACTS:

2. The landowners are the owners of agricultural lands situated in Indalawadi, Konasandra and Bommandahalli Villages, Anekal Taluk.

3. The State Government initiated land acquisition proceedings in respect of lands situated in Konasandra, Bommandanahalli, Kadujakanahalli, Indlavadi, and Baghanadoddi villages of Anekal Taluk for the purpose of formation of a residential layout – Suryanagar 4^th Phase Layout by Karnataka Housing Board (hereinafter referred to as ‘KHB’), and issued three Preliminary Notifications dated 19.10.2013 u/s 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as ‘the Act of 1894’), proposing to acquire 2220 acres 02 guntas of land for the proposed project. The extent of lands in the Indlavadi, Bagganadoddi, Kadujakkanahalli, Konasandra, and Bommandhahalli Villages, Jigani and Kasaba Hobli, Anekal Taluk are as follows:

4. Subsequent to the preliminary notifications being issued, the landowners filed their objections dated 23.12.2013 and 18.03.2014 to the acquisition proceedings before the Special Land Acquisition Officer (hereinafter referred to as ‘SLAO’) as per Section 5A of the Land Acquisition Act, 1894, contending that the said lands, being used for agriculture and horticulture purposes, are the only source of livelihood to the Landowners. On 18.03.2014, the SLAO prepared an inquiry report as per Section 5A of the 1894 Act, rejecting the contentions of the  landowners and acquiring the lands based on the report of the Assistant Executive Engineer.

5. The State Government issued three Final Declarations dated 12.03.2015, and the same were published on 02.04.2015 in the Official Gazette u/s 6(1) of the Act of 1894. The extent of lands sought to be acquired as per the Final Declaration was as follows:

6. The Landowners filed W.P.No.43342/2015 along with connected matters before the Learned Single Bench of this Court, challenging the acquisition proceedings and notifications  dated 19.10.2013 and 12.03.2015. Vide order dated 16.10.2015, the Learned Single Judge granted an interim stay on all further acquisition proceedings pursuant to the acquisition notifications, relying on the letter dated 12.01.2015 issued by the Deputy Conservator of Forests, Bannerghatta National Park, to the SLAO, stating that the Eco-sensitive Zone/buffer zone is located 10 kms from the boundary of Bannerghatta National Park.

7. On 03.06.2023, the KHB was granted Environment Clearance by the State Environment Impact Assessment Authority – Karnataka (hereinafter referred to as ‘the SEIAA- Karnataka’) for the proposed residential project. The Environmental Clearance was granted only to the extent of lands not sub judice in the Writ Petitions pending before the Learned Single Judge.

8. The interim order of stay dated 16.10.2015, granted by the Learned Single Judge, was modified on 10.12.2024 to allow the construction of roads over the project and allowed for construction being carried out on lands wherein such construction had started. Stay was granted on acquiring fresh