Karnataka High Court
WA/1279/2024 of BANGALORE DEVELOPMENT AUTHORITY Vs STATE OF KARNATAKA on 21 September 2026
CNR: KAHC010305422024 NC: 2026:KHC:51606-DB CCC No. 550 of 2024 C/W WA No. 1279 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN CCC NO. 550 OF 2024 (CIVIL)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
CCC NO. 550 OF 2024 (CIVIL)
C/W
WRIT APPEAL NO. 1279 OF 2024 (BDA)
IN CCC NO. 550/2024
BETWEEN:
1.
SMT. GOWRAMMA
AGED ABOUT 68 YEARS
W/O LATE LAXMINARAYANA
R/O DASARAHALLI VILLAGE
K.R. PURAM HOBLI
BANGALORE EAST TALUK
REPRESENTED BY HER GPA
SHRI TEJRAJ GULECHA
AGED 69 YEARS
S/O PUKHRAJ GULECHA
RESIDING AT NO.91/1
CLASSIC COURT
RICHMOND ROAD
BANGALORE-560025
…COMPLAINANT
(BY SRI SAMMITH S, ADVOCATE)
Digitally signed by
VASANTHA
KUMARY B K
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
AND:
1.
SRI DAYANAND
DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
KANDAYA BHAVAN, K.G. ROAD
BANGALORE-560001
2.
SRI N JAYARAM
COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, T. CHOWDAIAH ROAD
BANGALORE-560020
3.
SMT. SOUJANYA
THE DEPUTY COMMISSIONER
(LAND ACQUISITION)
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, T. CHOWDAIAH ROAD
BANGALORE-560020
4.
SRI SHASHI KUMAR
THE MEMBER (TOWN PLANNING)
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, T. CHOWDAIAH ROAD
BANGALORE-560020
…ACCUSED
5.
STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
VIKASA SOUDHA
BANGALORE-560001
REPRESENTED BY ITS SECRETARY
…PROFORMA
RESPONDENT NO.5
(BY SRI M.N.SUDEV HEGDE, AGA FOR PROFORMA R5; SRI MURUGESH V CHARATI, ADVOCATE FOR A2 & A4; A1 & A3 ARE SERVED)
HC-KAR
THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF
CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF
CONSTITUTION OF INDIA PRAYING TO TAKE COGNIZANCE OF
WILLFUL DISOBEDIENCE OF THE WRIT OF MANDAMUS ISSUED
BY THIS COURT IN W.P.NO.2026/2024 DATED 09.02.2024 AND
PUNISH THE ACCUSED.
IN WA NO. 1279/2024
BETWEEN:
1.
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST
T. CHOWDAIAH ROAD
BANGALORE-560020
REPRESENTED BY ITS COMMISSIONER
2.
THE DEPUTY COMMISSIONER
(LAND ACQUISITION)
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST
T. CHOWDAIAH ROAD
BANGALORE-560020
3.
THE MEMBER (TOWN PLANNING)
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST
T. CHOWDAIAH ROAD
BANGALORE-560020
...APPELLANTS
(BY SRI MURUGESH V CHARATI, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT
HC-KAR
VIKASA SOUDHA, BANGALORE-560001
REPRESENTED BY ITS SECRETARY
2.
DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
KANDAYA BHAVAN, K.G. ROAD
BANGALORE-560001
3.
SMT. GOWRAMMA
AGED ABOUT 68 YEARS
W/O LATE LAXMINARAYANA
R/O DASARAHALLI VILLAGE
K.R.PURAM HOBLI
BANGALORE EAST TALUK
REPRESENTED BY HER
POWER OF ATTORNEY HOLDER
SRI TEJRAJ GULECHA
AGED 67 YEARS
S/O PUKHRAJ GULECHA
R/AT NO. 91/1, CLASSIC COURT
RICHMOND ROAD
BANGALORE-560025
...RESPONDENTS
(BY SRI M.N. SUDEV HEGDE, AGA FOR R1 & R2; SRI SAMMITH S, ADVOCATE FOR R3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
09.02.2024 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.
NO.2026/2024 (BDA) AND ALLOW THE WRIT APPEAL BY
DISMISSING THE WRIT PETITION.
CCC AND WRIT APPEAL, COMING ON FOR ORDERS, THIS
DAY, JUDGMENT WAS MADE THEREIN AS UNDER:
HC-KAR
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
1. CCC No.550/2024 has been filed by the complainant/petitioner alleging disobedience of the order dated 09.02.2024 passed in W.P.No.2026/2024 whereas, W.A.No.1279/2024 has been filed by the appellants-Bangalore Development Authority (BDA) seeking to set aside the said order.
2. Vide the said order dated 09.02.2024, the writ Court has directed the BDA to consider the application of the petitioner for converting 14 guntas of land in Survey No.65/8 of Dasarahalli Village, K.R. Puram Hobli, Bengaluru East Taluk, to residential purposes. The writ Court has further observed that even if the property of the petitioner would fall under the Yellow Zone and if there are no other impediments, the BDA is duty bound to convert the land irrespective of its present status.
HC-KAR
3. It would be relevant to note a few facts before coming to the issue involved in this case. The petitioner's land was part of a large extent of land which was notified for acquisition for the purpose of formation of Arkavathi Layout. There had been several rounds of litigation up to the Supreme Court. The Final Notification was issued on 18.06.2014 notifying 1766 acres of lands in different villages. The final notification would also include the petitioner's land for formation of Arkavathi Layout.
4. Several writ petitions were filed alleging wrong inclusion/exclusion of lands in the Final Notification dated 18.06.2014. The learned Single Judge of this Court, vide order dated 27.09.2021 passed in W.P.No.51929/2014 and other connected writ petitions, constituted a Three Member Committee under the Chairmanship of Justice K.N.Keshavanarayana (retired) to submit reports and recommendations in respect of individual cases of non- exclusion of the lands from the final notification. The said Committee is still working and therefore, this Court is of the view that the petitioner should also approach the Committee for
HC-KAR
exclusion of her land from the Final Notification dated 18.06.2014.
5. As the litigation started prior to formation of the Committee, the limitation aspect would not come on the way of the Committee to consider the application of the petitioner on merit after giving due notice to the BDA and the petitioner, and after hearing them. If the Committee is of the opinion that the petitioner's land ought to have been excluded from the final notification, the BDA will consider her application for conversion of land to residential purposes in accordance with the law and the master plan.
6. Let the petitioner file an application in this regard before the Committee on or before 05.10.2026. The Committee will give proper opportunity to the BDA and the petitioner in respect of the said application and after considering the relevant records and providing them opportunity of hearing, it will pass appropriate orders expeditiously.
HC-KAR
7. With the aforesaid observations, we dispose of the writ appeal. Resultantly, the contempt petition also is closed and the contempt notice stands discharged.
Pending IAs, if any, do not survive for consideration and accordingly, they stand disposed of.
Sd/- (D K SINGH) JUDGE
Sd/- (H.SHANTHI BHUSHAN) JUDGE
BKV CT:SN List No.: 2 Sl No.: 2