- 1 - HC-KAR NC: 2025:KHC:30532 WP No. 17807 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.17807 OF 2025 (LB-RES) BETWEEN: 1. M/S. MARKON DEVELOPERS A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.SITE NO.73, KRISHNA LEDE LAYOUT, KARTHIK NAGAR, DODDANEKUNDI VILLAGE, K R PURAM HOBLI, BENGALURU-560 037 REPRESENTED BY ITS MANAGING PARTNER AND AUTHORISED SIGNATORY MR. SRINIVASULU KONDAMURI, AGED ABOUT 49 YEARS, 2. SMT. NIRMALA W/O NATARAJ M G, AGED ABOUT 45 YEARS, R/AT NO.778 (V), 4TH CROSS, PAI LAYOUT, OPP FOOD WORLD GODOWN, HULIMAVU, B G ROAD, BANGALORE REPRESENTED BY HER POWER OF ATTORNEY HOLDER M/S MARKON DEVELOPERS, A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.SITE NO.73, KRISHNA LRDE LAYOUT, KARTHIK NAGAR, DODDANEKUNDI VILLAGE, K R PURAM HOBLI, BENGALURU-560 037 REPRESENTED BY ITS MANAGING PARTNER AND AUTHORISED SIGNATORY MR SRINIVASULU KONDAMURI, AGED ABOUT 49 YEARS. …PETITIONERS (BY SRI SAMMITH S., ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30532 WP No. 17807 of 2025 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, DR. B R AMBEDKAR ROAD, VIKASA SOUDHA, BANGALORE-01. 2. SATELLITE TOWN RING ROAD PLANNING AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY AND JOINT DIRECTOR AND METROPOLITAN PANNER, BMRDA, BMRDA OFFICE NO.1, ALI ASKAR ROAD, BANGALORE-560 052. …RESPONDENTS (BY SRI H.K. KENCHEGOWDA, AGA FOR R.1; SRI YOGESH D. NAIK, ADVOCATE FOR R.2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION BEARING NO.£ÀCE 194 ©JADgï 2016 DATED 20.05.2017 ISSUED BY THE RESPONDENT NO.1 AS CONTAINED IN ANNEXURE-C, IN SO FAR AS IMPOSING ADDITIONAL CONDITION THAT 5% OF THE TOTAL AREA SHALL BE RESERVED AS LAND BANK FOR SATELLITE TOWN RING ROAD PROJECT AT THE TIME OF APPROVAL OF DEVELOPMENT OF THE LAND AND THE SAME SHALL BE RELINQUISHED IN FAVOUR OF THE SATELLITE TOWN RING ROAD PLANNING AUTHORITY I.E., RESPONDENT NO.2. ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:30532 WP No. 17807 of 2025 ORAL ORDER 1. The petitioners are said to be the owners of 5 acres 38 guntas of lands in several survey numbers of Sarjapura village, Sarjapur Hobli, Anekal Taluk, Bengaluru District. The petitioners have been sanctioned a plan for development of a layout. However, a condition is imposed that 5% of the total land area shall be reserved as land bank for Satellite Town Ring Road [STRR] project as per the notification issued by the Government and a relinquishment deed is also executed in respect of the said 5% of the land. Aggrieved by the same, the present writ petition is filed challenging the validity of the impugned notification which mandates surrender of 5% of the total land area for STRR project and also the relinquishment deed executed in pursuance of the said condition. 2. Both the learned counsel for the petitioners as well as the respondents together submit that a Co-ordinate Bench of this Court in W.P.No.15250/2022 has set aside the condition for surrendering 5% of the total land area for - 4 - HC-KAR NC: 2025:KHC:30532 WP No. 17807 of 2025 STRR project. It is further submitted that subsequent to the order passed in the said writ petition, a similar order has been passed in W.P.No.27653/2023 by another Co-ordinate Bench of this Court. It is also submitted that the order passed in W.P.No.15250/2022 has been challenged by way of an appeal and WA No.1367/2023 is pending. It is also submitted that in WP No.27653/2023, taking note of the fact of filing the appeal, the following order has been passed: "10. Taking note of the order passed in W.P.No.15250/2022 by the Co-ordinate bench of this Court, condition mandating the petitioners to reserve 5% of the total land as land bank for the Satellite Town Ring Road project is set aside in respect of the land relinquished as land Bank-Phase 1 and Land Bank-Phase 2 in the relinquishment deed dated 15.11.2021 to the extent of 562.02 sq.mts and 970.70 sq.mts. 11. Needless to say that, the reversal of the order in the Writ appeal stated to have been filed by respondent No.1 i.e., by the State in W.A.No.1367/2023. Though, it had filed by the planning authority, against the above said order, the petitioners would be bound by the same ." 3. It is submitted that a similar order may be passed in the instant case also. Hence, the following: - 5 - HC-KAR NC: 2025:KHC:30532 WP No. 17807 of 2025 ORDER (i) The action of the State in mandating compulsory surrender of 5% of the total land area as land bank for STRR project in case of the petitioners is hereby set aside; (ii) The petitioners are also entitled to get the relinquishment deed executed by them in favour of the respondents amended accordingly; (iii) If an application were to be made by the petitioners to that effect, the respondents shall do the needful within a period of three months thereafter; (iv) Needless to state that this order will be subject to the result of the order to be passed in W.A.No.1367/2023 which is said to have been filed against the order passed in W.P.No.15250/2022 and any alienation made by the petitioners will be subject to the result of the same; (v) The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 108