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2026 DAILYLAW 1405 (KAR)

M/S. APARNA CONSTRUCTIONS AND ESTATES PRIVATE LIMITED v. STATE OF KARNATAKA

WP/22609/2025 · 2026-02-09

D K Singh, S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:7642-DB WP No. 22609 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT PETITION NO. 22609 OF 2025 (LA-BDA) BETWEEN: 1. M/S. APARNA CONSTRUCTIONS AND ESTATES PRIVATE LIMITED (A COMPANY INCORPORATED THE COMPANIES ACT) HAVING ITS REGISTERED OFFICE AT NO. 802 ASTRAL HEIGHTS D. NO. 6-3-352/2 AND 3 ROAD NO.1 BANJARA HILLS HYDERABAD - 560 034. AND HAVING ITS BRANCH OFFICE AT LATUS TOWERS 3RD FLOOR NO. 34, DEVRAJ URS ROAD RACE COURSE ROAD REPRESENTED BY AUTHORIZED SIGNATORY SHRI. M DEVARAJU …PETITIONER (BY SRI. DHANANJAY V JOSHI, SR. ADVOCATE FOR SRI. H U VACHAN, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7642-DB WP No. 22609 of 2025 M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU - 560 001. REP. BY ITS SECRETARY. 2. JUSTICE K N KESHAVANARAYANA COMMITTEE (CONSTITUTED BY THE HON’BLE HIGH COURT IN WP NO. 51929/2014) KRISHI BHAVAN, 4TH FLOOR,HUDSON CIRCLE BENGALURU - 560 002. 3. BENGALURU DEVELOPMETN AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU - 560 020. REP. BY ITS COMMISSIONER 4. SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARA PARK WEST BENGALURU - 560 020. …RESPONDENTS (BY SRI. G S ARUNA, HCGP FOR R1; SRI. MURUGESH V CHARATI, ADVOCATE FOR R3 & R4; NOTICE OF R2 IS DISPENSED WITH V/O DATED 20/08/2025) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND SET ASIDE THE REPORT BEARING KNKV NO.168/2022 DATED 13.06.2025 PASSED BY RESPONDENT NO.2, JUSTICE K N KESHAVANARAYANA COMMITTEE AT ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:7642-DB WP No. 22609 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present writ petition has been filed impugning the report of Hon’ble Justice K.N.Keshavanarayana Committee dated 13.06.2025 in respect of land bearing Sy.No.1/4 measuring 2 acres 4.5 guntas, Sy.No.1/5 measuring 2 acres 15 guntas and Sy.No.3/1 measuring 1 acre 7 guntas forming one contiguous block in all measuring 5 acres 26.5 guntas situated at K.Narayanpura Village. 2. This land was not part of the final notification issued by the State Government on 18.06.2014. The learned Single Judge of this Court, by the common judgment and order dated 27.09.2021, had constituted Justice K.N.Keshavanarayana Committee with a mandate to examine the legality and validity inter-alia inclusion and exclusion of the lands in the final notification as per the parameters set out by the Supreme Court in the case of Bondu Ramaswamy v. Bangalore Development Authority and others1. 1 2010(7) SCC 129 - 4 - HC-KAR NC: 2026:KHC:7642-DB WP No. 22609 of 2025 3. The Committee in its impugned report has not recorded any finding regarding validity of the exclusion of the land from the final notification dated 18.06.2014 i.e., whether the exclusion meets the parameters as set out by the Supreme Court in Bondu Ramaswamy’s case or not. Rather, the Committee has gone into the procedural aspect of exclusion of the land from the final notification. Even if the procedure for exclusion was not valid or correct, the Committee should have independently enquired whether the land in question would come within the parameters as set out in Bondu Ramaswamy’s case. The mandate of the Committee is not only to see whether the procedure adopted for exclusion of the land was correct or not, but also to look into whether it would come within the parameters as set out in Bondu Ramaswamy’s case. 4. Therefore, we dispose of this writ petition and remand the matter back to the Hon'ble Justice K.N.Keshavanarayana Committee to re-examine the matter and submit a fresh report as to whether the exclusion of the petitioner's land would meet the parameters as set out by the Supreme - 5 - HC-KAR NC: 2026:KHC:7642-DB WP No. 22609 of 2025 Court in Bondu Ramaswamy’s case. The petitioner would be heard by the Committee and it will be open to the petitioner to make all submissions which may be available in support of the case that the exclusion of the land meets the parameters as set out in Bondu Ramaswamy’s case. With the aforesaid observation, writ petition is disposed of. We request the Committee to dispose of the matter on remand expeditiously within a period of four months from today. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 16