Property owners cannot be compelled to relinquish land rights without compensation, as it violates constitutional protections under Article 300A.

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE HIGH TECH CORRIDOR AS PRESCRIBED IN THE RMP-2015 INSOFAR AS THE LAND OF THE PETITIONER IS CONCERNED DOES NOT SERVE ANY USEFUL PURPOSE IN VIEW OF THE ORDER DATED 30TH JULY, 2008 PASSED BY THIS HON'BLE COURT IN WRIT PETITION NO.10800 OF 2005 VIDE ANNEXURE-D; AND ETC.

THIS WRIT PETITION HAVING BEEN RESERVED FOR ORDERS, COMING FOR PRONOUNCEMENT THIS DAY, E.S. INDIRESH J., MADE THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH

CAV ORDER

(PER: HON'BLE MR. JUSTICE E.S. INDIRESH)

In this writ petition, the petitioner-Company has sought for declaration that the High-Tech Corridor as per Revised Master Plan-2015 (for short, hereinafter referred to as 'RMP 2015) does not serve any purpose in view of the order dated 30th July, 2008 (Annexure-D) passed by this Court in Writ Petition No.10800 of 2005 and connected petitions; inter alia sought for quashing the Endorsements dated 06th February, 2015 (Annexure-K) and 23rd February, 2015 (Annexure-M), issued by the respondent No.2, so also, seeking direction to the respondent No.2 to modify the relinquishment deed dated 12th August, 2015 (Annexure-E) and to re-transfer the extent of land reserved for High Tech Corridor in favour of the petitioner-Company.

2. It is the case of the petitioner that the petitioner Company is the owner of the land bearing Survey Nos.4/1, 4/2, 4/3, 4/4, 5/1, 5/2, 7/1, 7/2, 7/3, 8/1, 8/2, 8/3, 8/4, 8/5, 8/6 and 8/8 of Naganathapura Village, Bengaluru South Taluk which were converted for residential purpose as per the order of conversion dated 23rd October, 2008 (Annexure-A1), 15th January, 2013 (Annexures 'A2' 'A3' and 'A4'). It is stated in the writ petition that the respondent No.1-Government had issued Notification dated 14th February, 2005 which was Gazetted on 15th February, 2005 (Annexure-B) under Section 19(1) of the Bangalore Development Authority Act, 1976 (for short, hereinafter referred to as 'BDA Act') to acquire various lands for the purpose of formation of "High-Tech City Layout and Road between Sarjapura Road and Hosur Road" including, the land bearing Survey Nos. 4/1, 4/2, 4/3, 4/5, 5/1, 5/2, 7/1, 7/2, 7/3, 8/1, 8/2, 8/4, 8/5, 8/6 and 8/8 of Naganathapura Village, Bengaluru South Taluk. The respondent No.2 has issued the Comprehensive Development Plan (for short, hereinafter referred to as 'CDP') and the portion of land belonging the petitioner-Company was identified in the CDP for the 'High-Tech Corridor' (Annexure-C). It is further pleaded in the writ petition that this Court, vide order dated 30th July, 2008 (Annexure-D) in Writ Petition No.10800 of 2005 and connected petitions, quashed the entire Notification dated 14th February, 2005 holding that the respondent-Bangalore Development Authority has no jurisdiction to acquire the lands for the purpose of development of industries and as such, the petition schedule properties, which were identified under the CDP, did not survive. Accordingly, the petitioner-Company has approached the respondent No.2-Bangalore Development Authority to sanction the plan to develop petition schedule properties. In furtherance of the same, the respondent No.2-Bangalore Development Authority sanctioned plan in favour of the petitioner-Company, however, directed the petitioner-Company to relinquish the area reserved for High-Tech Corridor in the CDP and thereby, the petitioner-Company executed the Deed of Relinquishment dated 12th August, 2013 (Annexure-E) in favour of the respondent-Bangalore Development Authority. Pursuant to same, the petitioner-Company has developed the property as per the sanction plan of the respondent-Bangalore Development Authority and divided the property into two portions, wherein, Sites have been formed in one portion and remaining portion was earmarked for civic amenities.

3. It is the further case of the petitioner-Company that, since the entire acquisition proceedings was quashed by thi