Subsequent land purchasers do not have rights to challenge land acquisition validity established prior to their transactions, but may claim compensation.

ORAL ORDER

(PER: HON'BLE MR. JUSTICE D K SINGH)

1. The present writ petition has been filed seeking to quash the order/report of Justice K.N. Keshavanarayana Committeee (hereinafter referred to as 'the KN Committee') in KNKC No.95/2022 (Rachenahalli) relating to the W.P.Nos.37446-37449/2014 and the Representation Nos.429797 and 429487.

BACKGROUND:

2. The Bangalore Development Authority (BDA) issued a Preliminary Notification under Section 17 (3) of the Bangalore Development Authority Act, 1976 (hereinafter referred to as 'the BDA Act') for acquisition of 3339 acres of land for formation of Arkavati Layout on 03.02.2003. A modified Preliminary Notification came to be issued on 16.09.2003 showing the extent of land as 3839 acres 12 guntas situated in the 16 villages including Rachenahalli.

3. Notices under Section 17 (5) of the BDA Act were issued. No objection was received in respect of 91 acres 7 guntas, however, objections received in respect of 2658 acres were rejected. The BDA resolved to delete 1089 acres 12 guntas of land and to obtain sanction for 2750 acres for forming the Arkavati Layout. Accordingly, the scheme formulated came to be sanctioned by the Government of Karnataka under Section 18 (3) of the BDA Act for 2750 acres of land. The Final Notification dated 23.02.2004 was issued for acquisition of 2750 acres of land situated in the 16 villages including Rachenahalli village. The award came to be passed to an extent of 1618.38 acres. The BDA claims to have taken possession in respect of 1459.37 acres of private land and 459.16 acres of Government land and in all, 1919.13 acres of land. The BDA also claims to have formed the layout by carving 14103 plots/sites apart from developing the roads, drains, civic amenity sites etc.

4. The said land acquisition proceedings came to be questioned before this Court by filing writ petitions on several grounds in W.P.Nos.51119-51132/2004 and other connected matters. The learned Single Judge allowed the writ petitions by declaring that the BDA has no jurisdiction to frame developmental schemes in Bangalore Metropolitan Area amongst granting other reliefs. This order passed by the learned Single Judge was challenged in W.A.No.2625/2005 and connected matters. Since some of the writ petitions had also been filed challenging the acquisition of lands for formation of Arkavati Layout on the grounds which had been upheld by the learned Single Judge, the writ appeals and the writ petitions which were filed after passing of the order by the learned Single Judge were taken up together for consideration by the Division Bench. The Division Bench in the matter of THE COMMISSIONER, BDA AND OTHERS vs STATE OF KARNATAKA , BY ITS SECRETARY reported inILR 2006 KAR 318, by the order dated 25.11.2005 allowed the writ appeals filed by the BDA and the State and set aside the order of the learned Single Judge dated 15.04.2005 and dismissed the challenge laid to the acquisition of lands for formation of Arkavati Layout. The acquisition of lands was upheld by the Division Bench subject to the conditions stipulated thereunder.

5. The Division Bench of this Court in the case of COMMISSIONER, BDA (supra) has upheld the acquisition of lands for formation of Arkavati Layout subject to the following conditions:-

(a) In so far as the site owners are concerned they are entitled to the following reliefs:—

(i) These site owners/writ petitioners shall register themselves as applicants for allotment under the Bangalore Development Authority [Allotment of Sites] Rules, 1984 within a period of two months from today (extendable by ano