Karnataka High Court
WA/8/2018 of BANGALORE DEVELOPMENT AUTHORITY Vs SRI D M JAGADISH on 4 June 2026
NC: 2026:KHC:26803-DB WA No. 8 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 8 OF 2018 (LA-BDA) BETWEEN: 1. BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO. 8 OF 2018 (LA-BDA)
BETWEEN:
1.
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST
T. CHOWDAIAH ROAD,
BANGALORE 560 020
REPRESENTED BY ITS
COMMISSIONER
REPRESENTED BY SPECIAL LAND
ACQUISITION OFFICER.
2.
THE SPECIAL LAND
ACQUISITION OFFICER
BANGALORE SOUTH TALUK
BANGALORE DEVELOPMENT AUTHORITY,
KUMARA PARK WEST
T. CHOWDAIAH ROAD,
REPRESENTED BY
SPECIAL LAND
ACQUISITION OFFICER.
…APPELLANTS
(BY SRI. K KRISHNA., ADVOCATE)
Digitally
signed by
VASANTHA
KUMARY B K
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
AND:
1.
SRI D M JAGADISH
S/O LATE D.M. MUNIYAPPA,
AGED ABOUT 50 YEARS,
RESIDENT OF NO.267, DASARAHALLI,
HEBBAL FARM POST
KEMPEGOWDA MAIN ROAD,
BANGALORE 560 024.
2.
STATE OF KARNATAKA
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT,
M.S. BUILDING,
AMBEDKAR VEEDHI,
VIKASA SOUDHA,
BANGALORE 560 001.
REP. BY ITS PRINCIPAL SECRETARY
…RESPONDENTS
(BY SRI. SANMITH.S., ADVOCATE FOR R1;
SRI. S.H.RAGHAVENDRA, AGA FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE
LEARNED SINGLE JUDGE, PASSED IN WP NO.33136/2015
DATED 03/10/2017 AND DISMISS THE WRIT PETITION.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
HC-KAR
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra Court appeal has been filed impugning the judgment and order dated 03.10.2017 passed by the learned Single Judge in W.P.No.33136/2015 filed by the respondents.
2. The appellants/respondents have challenged the land acquisition proceedings in respect of the land measuring 2 acres in Sy.No.64/3 out of 2 acres and 20 guntas situated at Dasarahalli Village, K.R. Puram Hobli, Bengaluru East Taluk. The aforesaid land was acquired along with several lands for formation of Arkavathi Layout.
3. The Committee constituted under the Chairmanship of the retired Judge of this Court viz., Justice K N Keshavanarayana Committee has been entrusted with the task of examining the legality/validity of inclusion/exclusion of lands in the Final Notification dated 18.06.2014.
4. Learned counsel for the parties have expressed their consensus for disposing of this appeal and referring the matter to Justice K N Keshavanarayana Committee to examine
HC-KAR
the claim of the petitioners for exclusion of 2 acres of land in Sy.No.64/3 situated at Dasarahalli Village, K.R. Puram Hobli, Bengaluru East Taluk from the land acquisition proceedings.
5. Having considered the submission of the learned counsel for the parties, we pass the following:
ORDER
i. Writ appeal is allowed.
ii. The impugned judgment and order dated 03.10.2017 passed by the writ Court is set aside.
iii. The parties are directed to appear before the Committee of Justice Keshavanarayana on 15.06.2026 at 11:00 a.m.
iv. If the parties have any grievance in respect of the findings, which may be arrived at by Justice Keshavanarayana Committee, they would have the liberty to take recourse to the appropriate proceedings as may be available under the law.
v. We request the Committee to conclude the proceedings of the matter expeditiously.
HC-KAR
vi. All contentions of the parties are kept open to be urged before the Committee in respect of their respective claims. Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
RKA List No.: 1 Sl No.: 20