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2026 DAILYLAW 42474 (KAR)

BANGALORE DEVELOPMENT AUTHORITY v. STATE OF KARNATAKA

WA/1279/2024 · 2026-09-21

D K Singh, H Shanthi Bhushan

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010305422024 NC: 2026:KHC:51606-DB CCC No. 550 of 2024 C/W WA No. 1279 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN CCC NO. 550 OF 2024 (CIVIL) C/W WRIT APPEAL NO. 1279 OF 2024 (BDA) IN CCC NO. 550/2024 BETWEEN: 1. SMT. GOWRAMMA AGED ABOUT 68 YEARS W/O LATE LAXMINARAYANA R/O DASARAHALLI VILLAGE K.R. PURAM HOBLI BANGALORE EAST TALUK REPRESENTED BY HER GPA SHRI TEJRAJ GULECHA AGED 69 YEARS S/O PUKHRAJ GULECHA RESIDING AT NO.91/1 CLASSIC COURT RICHMOND ROAD BANGALORE-560025 …COMPLAINANT (BY SRI SAMMITH S, ADVOCATE) Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010305422024 NC: 2026:KHC:51606-DB CCC No. 550 of 2024 C/W WA No. 1279 of 2024 AND: 1. SRI DAYANAND DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT KANDAYA BHAVAN, K.G. ROAD BANGALORE-560001 2. SRI N JAYARAM COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T. CHOWDAIAH ROAD BANGALORE-560020 3. SMT. SOUJANYA THE DEPUTY COMMISSIONER (LAND ACQUISITION) BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T. CHOWDAIAH ROAD BANGALORE-560020 4. SRI SHASHI KUMAR THE MEMBER (TOWN PLANNING) BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T. CHOWDAIAH ROAD BANGALORE-560020 …ACCUSED 5. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BANGALORE-560001 REPRESENTED BY ITS SECRETARY …PROFORMA RESPONDENT NO.5 (BY SRI M.N.SUDEV HEGDE, AGA FOR PROFORMA R5; SRI MURUGESH V CHARATI, ADVOCATE FOR A2 & A4; A1 & A3 ARE SERVED) - 3 - HC-KAR CNR: KAHC010305422024 NC: 2026:KHC:51606-DB CCC No. 550 of 2024 C/W WA No. 1279 of 2024 THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF CONTEMPT OF COURTS ACT, 1971 R/W ARTICLE 215 OF CONSTITUTION OF INDIA PRAYING TO TAKE COGNIZANCE OF WILLFUL DISOBEDIENCE OF THE WRIT OF MANDAMUS ISSUED BY THIS COURT IN W.P.NO.2026/2024 DATED 09.02.2024 AND PUNISH THE ACCUSED. IN WA NO. 1279/2024 BETWEEN: 1. BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST T. CHOWDAIAH ROAD BANGALORE-560020 REPRESENTED BY ITS COMMISSIONER 2. THE DEPUTY COMMISSIONER (LAND ACQUISITION) BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST T. CHOWDAIAH ROAD BANGALORE-560020 3. THE MEMBER (TOWN PLANNING) BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST T. CHOWDAIAH ROAD BANGALORE-560020 ...APPELLANTS (BY SRI MURUGESH V CHARATI, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT - 4 - HC-KAR CNR: KAHC010305422024 NC: 2026:KHC:51606-DB CCC No. 550 of 2024 C/W WA No. 1279 of 2024 VIKASA SOUDHA, BANGALORE-560001 REPRESENTED BY ITS SECRETARY 2. DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT KANDAYA BHAVAN, K.G. ROAD BANGALORE-560001 3. SMT. GOWRAMMA AGED ABOUT 68 YEARS W/O LATE LAXMINARAYANA R/O DASARAHALLI VILLAGE K.R.PURAM HOBLI BANGALORE EAST TALUK REPRESENTED BY HER POWER OF ATTORNEY HOLDER SRI TEJRAJ GULECHA AGED 67 YEARS S/O PUKHRAJ GULECHA R/AT NO. 91/1, CLASSIC COURT RICHMOND ROAD BANGALORE-560025 ...RESPONDENTS (BY SRI M.N. SUDEV HEGDE, AGA FOR R1 & R2; SRI SAMMITH S, ADVOCATE FOR R3) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 09.02.2024 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.2026/2024 (BDA) AND ALLOW THE WRIT APPEAL BY DISMISSING THE WRIT PETITION. CCC AND WRIT APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS MADE THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010305422024 NC: 2026:KHC:51606-DB CCC No. 550 of 2024 C/W WA No. 1279 of 2024 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. CCC No.550/2024 has been filed by the complainant/petitioner alleging disobedience of the order dated 09.02.2024 passed in W.P.No.2026/2024 whereas, W.A.No.1279/2024 has been filed by the appellants-Bangalore Development Authority (BDA) seeking to set aside the said order. 2. Vide the said order dated 09.02.2024, the writ Court has directed the BDA to consider the application of the petitioner for converting 14 guntas of land in Survey No.65/8 of Dasarahalli Village, K.R. Puram Hobli, Bengaluru East Taluk, to residential purposes. The writ Court has further observed that even if the property of the petitioner would fall under the Yellow Zone and if there are no other impediments, the BDA is duty bound to convert the land irrespective of its present status. - 6 - HC-KAR CNR: KAHC010305422024 NC: 2026:KHC:51606-DB CCC No. 550 of 2024 C/W WA No. 1279 of 2024 3. It would be relevant to note a few facts before coming to the issue involved in this case. The petitioner's land was part of a large extent of land which was notified for acquisition for the purpose of formation of Arkavathi Layout. There had been several rounds of litigation up to the Supreme Court. The Final Notification was issued on 18.06.2014 notifying 1766 acres of lands in different villages. The final notification would also include the petitioner's land for formation of Arkavathi Layout. 4. Several writ petitions were filed alleging wrong inclusion/exclusion of lands in the Final Notification dated 18.06.2014. The learned Single Judge of this Court, vide order dated 27.09.2021 passed in W.P.No.51929/2014 and other connected writ petitions, constituted a Three Member Committee under the Chairmanship of Justice K.N.Keshavanarayana (retired) to submit reports and recommendations in respect of individual cases of non- exclusion of the lands from the final notification. The said Committee is still working and therefore, this Court is of the view that the petitioner should also approach the Committee for - 7 - HC-KAR CNR: KAHC010305422024 NC: 2026:KHC:51606-DB CCC No. 550 of 2024 C/W WA No. 1279 of 2024 exclusion of her land from the Final Notification dated 18.06.2014. 5. As the litigation started prior to formation of the Committee, the limitation aspect would not come on the way of the Committee to consider the application of the petitioner on merit after giving due notice to the BDA and the petitioner, and after hearing them. If the Committee is of the opinion that the petitioner's land ought to have been excluded from the final notification, the BDA will consider her application for conversion of land to residential purposes in accordance with the law and the master plan. 6. Let the petitioner file an application in this regard before the Committee on or before 05.10.2026. The Committee will give proper opportunity to the BDA and the petitioner in respect of the said application and after considering the relevant records and providing them opportunity of hearing, it will pass appropriate orders expeditiously. - 8 - HC-KAR CNR: KAHC010305422024 NC: 2026:KHC:51606-DB CCC No. 550 of 2024 C/W WA No. 1279 of 2024 7. With the aforesaid observations, we dispose of the writ appeal. Resultantly, the contempt petition also is closed and the contempt notice stands discharged. Pending IAs, if any, do not survive for consideration and accordingly, they stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BKV CT:SN List No.: 2 Sl No.: 2