- 1 - NC: 2025:KHC:6985 WP No. 23407 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 23407 OF 2024 (LB-BMP) BETWEEN: 1. MR. A MADHAV RAO S/O LATE M R A RAO AGED ABOUT 68 YEARS RESIDING AT VILLA NO.1 WHITE ACRES, CHANNASANDRA KADUGODI POST BENGALURU-560 067. …PETITIONER (BY SMT. SREEKALA P A, ADVOCATE FOR SRI. LAKSHMISH G., ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU-560001 REP. BY PRINCIPAL SECRETARY. 2. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU-560 002. 3. THE ASSISTANT COMMISSIONER ACQUISITION AND TDR BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU-560 002. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6985 WP No. 23407 of 2024 4. THE EXECUTIVE ENGINEER ROAD INFRASTRUCTURE MAHADEVAPURA SUBDIVISION BBMP, N R SQUARE BENGALURU-560 002. 5. THE LAND ACQUISITION OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU-560 002. …RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R1; SRI. K B MONESH KUMAR, ADVOCATE FOR R2 TO R5) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED CORRIGENDUM NOTIFICATION BEARING NO. EE/RI/M-PURA/269/2020-21 DATED 07/09/2020, NOTIFIED BY THE RESPONDENT NO.4 VIDE ANNX-G IN SO FAR AS THE PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is for quashing of the corrigendum dated 07.09.2020, whereby the BBMP has stated that for the purposes of widening and improvements to road from Vijayanagara (Gandhipura) Main Road to Veeraswamy Reddy - 3 - NC: 2025:KHC:6985 WP No. 23407 of 2024 layout via White Acres, it wishes to acquire the land for the purpose of enforcing the revised Master plan. 2. The petitioner is essentially aggrieved by the statement therein that the land owners/interested parties, whose lands are proposed to be acquired, the would only be given the grant of development rights. The petitioner basically contend that, he would not be interested in grant of development rights and if the BBMP intends to acquire the same, they should be directed to acquire the same in accordance with law and pay the petitioner with monetary compensation. 3. It is settled law that no property can be acquired except in the manner known to law. It is no doubt true that if the land owner agrees to receive the development rights certificate instead of compensation, the process of acquisition becomes faster and easier for the acquiring authority. - 4 - NC: 2025:KHC:6985 WP No. 23407 of 2024 4. However, if the land owner does not wish to receive development right certificate, it is obvious that no authority can force him to accept the same. 5. Consequently, this writ petition is disposed of holding that if the BBMP desires to acquire the land of the petitioner, they shall acquire it in a manner known to law and shall not insist upon the land owner to accept the same. 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 1