The Court held that if land qualifies for de-notification based on established parameters and the Authority confirms it is not required for a layout, technical procedural lapses like the absence of a formal resolution cannot override the substantive justification for deletion from acquisition.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED REPORT DATED 16.07.2024 (ANNEXURE-Q) ISSUED BY THE RESPONDENT No. 03 COMMITTEE IN KNKC No/261/2022 ONLY TO THE EFFECT AND EXTENT THAT IT REJECTS CERTIFICATION/APPROVAL OF THE DELETION OF THE LANDS IN SCHEDULE C PROPERTY FROM ACQUISITION, ETC.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 09.04.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, HON'BLE MR. JUSTICE D K SINGH., PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE D K SINGH

and

HON'BLE MR. JUSTICE T.M.NADAF

CAV JUDGMENT

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

PREFACE:-

The petitioner No.1, the owner of 19 acres 14 guntas along with 17 guntas of Kharab land in several survey numbers at Thanisandra Village, K R Puram Hobli, Bengaluru East Taluk (hereinafter referred to as 'the Schedule-'A' property) for which amalgamated khata bearing Municipal No.13/2 was issued for the said property by the Bangalore Development Authority (for short, 'the BDA'). Petitioner No.2 is the real estate developer who has entered into a Joint Development Agreement with the petitioner No.1 for construction of housing complex consisting of multi-storied apartments. The petitioners have filed the present writ petition aggrieved by the report dated 16.07.2024 issued by the Justice K.N. Keshavanarayana Committee (for short, 'the Committee'), constituted by the High Court vide its judgment dated 27.09.2021 in W.P.No.51929/2014 and other connected writ petitions.

BACKGROUND:-

2. The State Government issued Preliminary Notification dated 03.02.2003 under sub-sections(1) and (3) of Section 17 of the Bangalore Development Authority Act, 1976 (for short, 'the Act') for acquiring 3339 acres 12 guntas of land situated in various villages coming under Yelahanka, K R Puram and Kasab Hobli in Bangalore North and East Taluks situated in Bengaluru district for formation of Arkavathi Residential Layout.

3. Subsequently, a modified Preliminary Notification came to be issued on 16.09.2003, showing the extent of land proposed to be acquired as 3839 acres 12 guntas situated in Dasarahalli, Byrathikane, Challakere, Geddalahalli, K Narayanapura, Rachenahalli, Thanisandra, Amruthhalli, Jakkur, Kempapura, Sampigehalli, Srirampura, Venkateshpura, Hennur, Hebbala and Nagavara. The individual notices were issued as required under Section 17 (5) of the Act to the land owners, pursuant to which several owners of lands, which were sought to be acquired, filed the objections/representations.

4. After considering the objections/representations received, the BDA in its meeting held on 03.02.2004, resolved to delete 1089 acres 12 guntas of land and to obtain sanction from the Government for acquisition of 2750 acres of land. Accordingly, the BDA submitted the Scheme to the Government for sanction. The Government of Karnataka sanctioned the Scheme by BDA for 2750 acres of land and issued Final Notification dated 23.02.2004 under Section 19(1) of the Act for acquisition of 2750 acres of land situated in 16 villages as noted supra for formation Arkavathi Layout and duly published the same in the official Gazette on the same day. Several land owners and owners of the sites questioned the acquisition by filing writ petitions before this Court being W.P.Nos.51119-51132/2004 and connected petitions, urging several grounds.

5. The learned Single Judge of this Court by the order dated 15.04.2005 allowed the petitions and quashed the acquisition proceedings. However, the Division Bench in W.A.No.2625/2005 and connected matters vide its judgmen