- 1 - NC: 2025:KHC:1797 WP No. 20338 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 20338 OF 2018 (LB-BMP) BETWEEN: 1. SMT. SARASAMMA W/O K G MUNNI REDDY, AGED 63 YEARS, R/AT SY.NO.51, SITUATED AT KAIKODANAHALLI VILLAGE,VARTHUR HOBLI, BANGALORE EAST TALUK …PETITIONER (BY SRI. AKASH.V.T., ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N R SQUARE, BANGALORE-560 002 2. THE OFFICE OF THE ROAD WIDENING SECTION NO.207, 2ND FLOOR,ANNEXURE BUILDING, N.R.SQUARE, BANGALORE-560 002 REPRESENTED BY THE COMMISSIONER, BBMP,BANGALORE …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE NOTIFICATION DATED 12.07.2017 BY RESPONDENT VIDE ANNEXURE-A, ETC. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1797 WP No. 20338 of 2018 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. A notification issued by the Bruhat Bengaluru Mahanagara Palike ('BBMP') whereby it has been stated that the BBMP proposes to acquire the lands mentioned in the schedule to the notification and the notification further goes on to state that the owners shall receive the monetary compensation in the form of Development Rights is under challenge in this petition. 2. The learned counsel for the petitioner points out that said notification was the subject matter of challenge in W.P. No.16816 for 2018 wherein this Court had held that the Bruhat Bengaluru Mahanagara Palike ('BBMP') cannot insist that the land-losers should only accept Development Rights Certificates as compensation. 3. This order was also considered by this Court in a batch of writ petitions i.e. W.P. No.20329 of 2018 and connected - 3 - NC: 2025:KHC:1797 WP No. 20338 of 2018 cases, in which also the notification impugned in this petition was a subject matter of challenge. 4. The said writ petitions were disposed of by a Co-ordinate Bench of this Court on 29.01.2024 holding that the BBMP cannot demand that the lands in question be handed over to them by the landowners by acceptance of Development Rights Certificates and the Court held that it was open for the BBMP to initiate proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, or any other law as may be applicable for the purchase or acquisition of private property. 5. In my view, in light of these two judgments, the notification which is impugned herein would also have to be held to be only advisory in nature and the BBMP cannot insist upon the land-losers to surrender their lands by accepting Development Rights Certificates as compensation. 6. If the BBMP wishes to acquire the lands notified under the notification, they necessarily have to follow the provisions - 4 - NC: 2025:KHC:1797 WP No. 20338 of 2018 of the 2013 Act or any other law under which they can acquire an immoveable property by paying compensation. 7. It is needless to state that the BBMP would also be at liberty to purchase the property outright from the land- losers, if they voluntarily agree to convey the same. 8. Since the BBMP is yet to acquire the lands, it is obvious that they cannot insist upon the land-owners to part with their lands or attempt to take over possession of the lands in question. 9. The writ petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 49