- 1 - HC-KAR NC: 2025:KHC:22111 WP No. 15781 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.15781 OF 2025 (LB-BMP) BETWEEN: 1. SUDHAKAR S/O SHARANAPPA AGED ABOUT 43 YEARS RESIDING AT NO.12/E-29, 7TH CROSS, PRAKRUTHI NAGAR, KOGILU ROAD, YELAHANKA, BANGALORE-560064. …PETITIONER (BY SRI D. ASWATHAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPTD BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA, BENGALURU-560 001. 2. THE BANGALORE DEVELOPMENT AUTHORITY (BDA) T. CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020. 3. THE COMMISSIONER, BDA T. CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560 020. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22111 WP No. 15781 of 2025 4. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) N.R. SQUARE BENGALURU-560 002. 5. THE EXECUTIVE ENGINEER ROAD INFRASTRUCTURE YELAHANKA DIVISION, BBMP YELAHANKA, BENGALURU-560 064. …RESPONDENTS (BY SRI BOPANNA B., AGA FOR R.1; SRI K. KRISHNA, ADVOCATE FOR R.2 AND R.3; SRI PAWAN KUMAR, ADVOCATE FOR R.4 AND R.5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION ISSUED BY THE BRUHAT BANGALORE MAHANAGARA PALIKE THROUGH ITS SPECIAL LAND ACQUISITION OFFICER-1, TDR CELL, BANGALORE - 560 002. NOTIFICATION UNDER SECTION 14-B(4)(i) OF THE KARNATAKA TOWN AND COUNTRY PLANNING ACT, 1961 VIDE NOTIFICATION NO.BBMP/CC/PSR(G)/2906/2024-25 DATED 08.01.2025 AS PER ANNEXURE-H., ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the captioned petition, petitioner is assailing the notification issued by the fourth respondent / Bruhat - 3 - HC-KAR NC: 2025:KHC:22111 WP No. 15781 of 2025 Bangalore Mahanagara Palike vide notification No.BBMP/CC/PSR(G)/2906/2024-25 dated 08.01.2025. 2. Learned counsel for the petitioner has cited judgment rendered by this Court in Writ Petition No.13357/2025 c/w. Writ Petition Nos.13369/2025, 13385/2025 and 13392/2025, wherein the said notification was the subject matter and the Co-ordinate Bench of this Court has held as under:- "5. Taking into consideration the contentions raised and the impugned Notification of the respondent BBMP, it would be relevant to note the observations made by the Co-ordinate Bench of this Court in similar factual context in W.P.No.1166/2019 vide order dated 10.04.2019. The relevant observations made by the co-ordinate bench are extracted below: "7. Having heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents, it is clear that the notification under Section 14-B of the Act that has been made by the respondent- BBMP is only an offer made to the property owners to give up their properties voluntarily in return for grant of TDR Certificates, which would be in lieu of monetary compensation. In fact, Section - 4 - HC-KAR NC: 2025:KHC:22111 WP No. 15781 of 2025 14-B(6) of the Act would clarify the said position. The said provision reads as follows:- “14-B. Benefit of development rights.- (6) If the owner does not agree to surrender his ‘Area’ required by a Public Authority for any public purpose, for the Development Rights and demands for monetary compensation, then the Public Authority may acquire such ‘Area’ by providing compensation as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other law prevailing.” 8. In light of the provisions of Section 14-B(6) of the Act, it is clear that, if the petitioner was unwilling to accept the ‘Development Rights Certificates,’ which was being offered in lieu of monetary compensation, the respondent-BBMP would have to resort to acquisition under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other law prevailing. 9. Hence, it is made clear that in light of the rejection of offer made by the respondent-BBMP, the BBMP would not interfere with the rights of the properties of petitioner. However, the respondent- BBMP is entitled to:- (a) Initiate appropriate proceedings for acquisition of - 5 - HC-KAR NC: 2025:KHC:22111 WP No. 15781 of 2025 properties of the petitioner as may be required for the purpose of implementing their project under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other law prevailing; (b) They are entitled to obtain transfer of property of the petitioner to the extent as may be required for the purpose of implementation of the project by negotiations after obtaining the Deed of Conveyance. (c) All other contentions of the parties are kept open and without prejudice to the rights of the petitioner. 6. In light of the above, the present petitions are required to be allowed, while the impugned Notification dated 08.01.2025 under Section 14-B of the Act does not require to be set aside. 7. Hence, it is made clear that in light of the rejection of offer made by the respondent-BBMP, the BBMP cannot interfere with the rights of the properties of the petitioners till appropriate steps are taken to deprive property of the petitioners as prescribed under law. However, the respondent- BBMP is entitled to:- (i) Initiate appropriate proceedings for acquisition of properties of the petitioners as may be required for the purpose of implementing their project under the provisions of Right to Fair Compensation and - 6 - HC-KAR NC: 2025:KHC:22111 WP No. 15781 of 2025 Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other law prevailing; (ii) They are entitled to obtain transfer of property of the petitioners to the extent as may be required for the purpose of implementation of the project by negotiations after obtaining the Deed of Conveyance. (iii) All other contentions of the parties are kept open to be raised appropriately and direction is passed without prejudice to the rights of the petitioners. Accordingly, these petitions are disposed off." 3. In light of the above legal position, the Court in the connected writ petitions held that while the impugned notification dated 08.01.2025 under Section 14-B need not be quashed, it cannot be enforced against unwilling landowners. The Court clarified that the BBMP is not entitled to interfere with the petitioner’s property rights merely on the strength of such a notification. Instead, the BBMP must either: (i) Initiate proceedings for acquisition of the petitioners’ properties in accordance with the Right to Fair - 7 - HC-KAR NC: 2025:KHC:22111 WP No. 15781 of 2025 Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other applicable law, or (ii) Enter into negotiations with the landowners and obtain a registered Deed of Conveyance for voluntary transfer of land, if the parties so agree. 4. It was further clarified that all rights and contentions of the parties are left open and that the petitioners shall not be deprived of their property except in accordance with law. Accordingly, the writ petitions were disposed of with the above directions, while preserving the validity of the notification in question but restricting its operation against unwilling landowners. 5. In the light of the order passed by the Co-ordinate Bench of this Court, this Court proceeds to pass the following:- ORDER i. The writ petition is allowed. - 8 - HC-KAR NC: 2025:KHC:22111 WP No. 15781 of 2025 ii. Impugned order dated 08.01.2025 is hereby quashed and set aside. iii. Respondent-BBMP shall not proceed with any demolition or dispossession of the petitioner's property without following due process of law. iv. Initiate appropriate proceedings for acquisition of property of the petitioner as may be required for the purpose of implementing their project under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other law prevailing. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE VMB List No.: 3 Sl No.: 7