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2026 DAILYLAW 37877 (KAR)

M/S. SHANTHA INDUSTRIAL ENTERPRISES v. BANGALORE DEVELOPMENT AUTHORITY

WP/17326/2023 · 2026-09-01

D K Singh, H Shanthi Bhushan

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010403612023 NC: 2026:KHC:47444-DB WP No. 17326 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT PETITION NO. 17326 OF 2023 (LA-BDA) BETWEEN: M/S. SHANTHA INDUSTRIAL ENTERPRISES A REGISTERED PARTNERSHIP FIRM, HAVING OFFICE AT MALAVALLI CHIKKANNA CHARITIES BUILDING, NO 206, SUBEDAR CHATRAM ROAD, BANGALORE 560 020. REPRESENTED BY ITS PARTNER, SRI. B H SATISH S/O HALGUNDE GOWDA, AGED ABOUT 58 YEARS …PETITIONER (BY SRI. VIKRAM A.HUILGOL, SENIOR COUNSEL FOR SRI. SAMMITH. S.,ADVOCATE) AND: 1. BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER, KUMARA PARK WEST, T CHOWDAIAH ROAD, BENGALURU 560 020. 2. JUSTICE KESHAVANARYANA COMMITTEE (CONSTITUTED BY THE HONBLE HIGH COURT OF KARNATAKA IN WRIT PETITION NO 51929/2014 AND CONNECTED MATTERS) HAVING ITS OFFICE AT KRISHI BHAVAN, 4TH FLOOR, HUDSON CIRCLE, BENGALURU 560 002. REPRESENTED BY ITS SECRETARY, DR K H NARASIMHA MURTHY. Digitally signed by MALA K N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010403612023 NC: 2026:KHC:47444-DB WP No. 17326 of 2023 3. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE 560 020. 4. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, KARNATAKA GOVERNMENT SECRETARIAT, ROOM NO 435, VIKASA SOUDHA, 4TH FLOOR, BENGALURU 560 001. 5. SRI. H B SHIVARAM, S/O LATE H K BACHANNA, AGED ABOUT 68 YEARS, 6. SRI. H B SRINIVASA, S/O LATE H K BACHANNA, AGED ABOUT 60 YEARS, 7. SRI. H B SOMASHEKAR, S/O LATE H K BACHANNA, AGED ABOUT 65 YEARS, 8. SRI. H B CHIDANANDA, S/O LATE H K BACHANNA, AGED ABOUT 54 YEARS, 9. SRI. H B DAYANANDA S/O LATE H K BACHANNA, AGED ABOUT 52 YEARS, 10. SMT. R ANURADHA SUDHAKAR W/O LATE H B SUDHAKAR, AGED ABOUT 47 YEARS, RESPONDENTS NOS.5 TO 10 ALL ARE R/AT NO 40, 1ST CROSS, SHANTHIVANA, SANJIVININAGAR, BANGALORE 560 092. - 3 - HC-KAR CNR: KAHC010403612023 NC: 2026:KHC:47444-DB WP No. 17326 of 2023 11. BANGALORE METRO RAIL CORPORATION LTD., 3RD FLOOR, BMTC COMPLEX, K H ROAD, SHANTINAGAR, BENGALURU – 560 027. IMPLEADED V/O DATED 24.02.2025. …RESPONDENTS (BY SRI. MURUGESH V. CHARATI, ADVOCATE FOR R1 & R3; SRI. S.H. RAGHAVENDRA, AGA FOR R4; SRI. AJAY J.NANDALIKE, ADVOCATE FOR R5 TO R10; SRI. K. KRISHNA, ADVOCATE FOR R11) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) ISSUE A WRIT , ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE REPORT/RECOMMENDATION OF RESPONDENT No. 2 COMMITTEE DATED 06.03.2023 IN PROCEEDINGS BEARING KNKC No. 72/2022 (HEBBALA) AS CONTAINED IN ANNEXURE-A AND II) ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT No. 1 NOT TO CHANGE ANY REVENUE ENTRIES OR MUTATE ANY DOCUMENTS OR CONDUCT ANY FURTHER PROCEEDINGS FOR DELETION/DENOTIFICATION IN RESPECT OF THE SCHEDULE PROPERTY IN FURTHERANCE OF THE IMPUGNED REPORT/RECOMMENDATION DATED 06/03/2023 OF THE RESPONDENT No. 2 COMMITTEE, 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 H.SHANTHI BHUSHAN ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the report dated 06.03.2023 on application - 4 - HC-KAR CNR: KAHC010403612023 NC: 2026:KHC:47444-DB WP No. 17326 of 2023 filed by the private respondents No.5 to 10 for deletion of their lands situated at Sy.No.110/2 of Hebbal village, from the land acquisition proceedings initiated for formation of Arkavathi Layout. 2. The aforesaid land has been allotted in favour of petitioner after the second final Notification was published on 18.06.2014. However, in view of the judgment passed by learned single judge in W.P.No.34259-264/2014, and other connected petitions, a three member committee under the chairmanship of Justice (Rtd.) K. N. Keshavanarayan came to be constituted to look into the inclusion/omission of lands in the final Notification about their legality and illegality. The Committee in its report has recommended that land of the private respondents in Survey No. 110/2, measuring 16 guntas should be deleted from the process of acquisition. However, no notice was served on the petitioners though allegedly issued, and the petitioners did not have an - 5 - HC-KAR CNR: KAHC010403612023 NC: 2026:KHC:47444-DB WP No. 17326 of 2023 opportunity to present their case before the Committee. Their rights are affected by the said recommendation. 3. Learned counsel for the Bangalore Metro Rail Corporation Ltd., (hereinafter referred to as ‘BMRCL’ for short) submits that some portions of the land has been acquired by the State Government, after the final Notification came to be issued on 18.06.2014 and the possession of the said land has been handed over to BMRCL. BMRCL is also an affected party, and therefore, BMRCL should also have been heard by the Committee before taking the final decision inasmuch as the BMRCL has deposited the entire compensation of the land acquired further. 4. These facts are not in dispute. As the petitioners right as well as the BMRCL rights are affected by the impugned report of the Hon'ble Justice (Rtd.) K.N. Keshavanarayana Committee, we deem it appropriate to allow the Writ Petition, set aside the report and remand - 6 - HC-KAR CNR: KAHC010403612023 NC: 2026:KHC:47444-DB WP No. 17326 of 2023 the matter back to the Committee to decide afresh after giving an opportunity of hearing to the petitioner, as well as the BMRCL. 5. Let the parties remain present before the Hon'ble Justice (Rtd.) K.N. Keshavanarayana Committee on 07.09.2026, and the Committee will fix the date of hearing thereafter, in the presence of the parties. We request the Committee to conclude the proceedings at the earliest preferably within a period of 2 months. The parties shall cooperate before the Committee for early conclusion of the proceedings on remand. All contentions of the parties are left open. All pending applications also stand disposed off. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BVK; List No.: 2 Sl No.: 3