Karnataka High Court
WP/6370/2026 of SMT.SUMMAIYA KHANUM Vs THE STATE OF KARNATAKA on 10 June 2026
NC: 2026:KHC:27764-DB WP No. 6370 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 6370 OF 2026 (BDA) BETWEEN: SMT. SUMMAIYA KHANUM AGED ABOUT 38 YEARS,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO. 6370 OF 2026 (BDA)
BETWEEN:
SMT. SUMMAIYA KHANUM
AGED ABOUT 38 YEARS,
D/O. LATE AKHIL AHMED KHAN
AND SHANAZ BEGUM,
W/O. HAROON BASHA KHAN,
RESIDING AT NO.220, OLD NO.728,
VIDYA SAGAR SARAIPALYA,
OPP TO RAMAIAH LAYOUT,
BENGALURU-560 077.
…PETITIONER
(BY SRI. BHADRI R @ BHADRINATH R., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BY ITS SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
MULTISTORIED BUILDING,
BENGALURU-560 001.
2.
THE BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST,
T. CHOWDAIAH ROAD,
BENGALURU-560 020,
BY ITS COMMISSIONER.
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
3.
THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY,
BENGALURU-560 020.
…RESPONDENTS
(BY SRI. S.H. RAGHAVENDRA, AGA FOR R1;
SRI MURUGESH V. CHARATI, ADVOCATE FOR R2 AND R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF
CERTIORARI OR QUASHING THE IMPUGNED REPORT DATED
04.11.2024 IN KNKC NO.146/2022 ISSUED BY THE JUSTICE
K.N.KESHAVA
NARAYANA
COMMITTEE
AS
FOUND
AT
ANNEXURE-L AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM:
HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ petition has been filed impugning the decision rendered by the Justice K.N.Keshavanarayana Committee constituted by this Court in WP.No.51929/2014 and other connected matters.
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2. The petitioner claims to be the owner of the site in one of the Sy.No.32/1, 34/8 and 32/2. The aforesaid survey numbers were purchased by one Mr.Akhil Ahmed Khan, prior to the Preliminary Notification issued for formation of Arkavathi Layout. The petitioner has purchased the site vide Sale Deed dated 30.04.2002, prior to the date of Preliminary Notification from Mr.Akhil Ahmed Khan. The petitioner has also constructed a house. To evidence the house constructed by him, photograph at Annexure-P has been annexed with this writ petition.
3. The petitioner had made an application before the Justice K.N.Keshavanarayana Committee for excluding his site from the acquisition proceedings. However, the Committee has rejected the representation of the petitioner dated 27.02.2023 in respect of his site bearing No.4 stated to have been formed Sy.No.32/1, 34/8 and 32/2 of Thanisandra Village from acquisition proceedings. The application has been rejected on the ground that the petitioner did not register himself for allotment of site as
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per the scheme formulated by the Division Bench, and the petitioner failed to establish compliance of conditions stipulated in the judgment passed by the Division Bench, the petitioner would not be entitled for the benefit of the scheme under the judgment of Division Bench.
4. Despite rejection of his representation, the petitioner has been given the benefit of provisions of Section 38(D) of the BDA Act, 1976 to approach BDA for passing an appropriate order and the BDA has been directed to consider the application of the petitioner as per the provisions of Section 38(D) of the BDA Act and pass an appropriate order.
5. The land acquired for the formation of the Arkavathi Layout is for providing house and sites to the people. The petitioner has purchased the site prior to the preliminary Notification. He has constructed the house on the said site. Therefore, we direct the BDA to consider the representation of the petitioner and pass an order under Section 38(D) of the BDA Act, taking into consideration the
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facts as stated above and after giving an opportunity of hearing to the petitioner. With the aforesaid direction, the writ petition stands disposed of.
The petitioner shall file his application before the BDA within a period of 10 days and the BDA shall consider the said application within three months thereafter. The application should be filed in the prescribed form.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
PK List No.: 2 Sl No.: 8