SMT. RADHA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
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WP No. 24263 of 2025
CNR: KAHC010536122025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
WRIT PETITION NO. 24263 OF 2025 (LA-BDA)
BETWEEN:
SMT. RADHA
W/O. LATE THIMMANNA
AGED ABOUT 60 YEARS
RESIDING AT NO.5, KENCHANAPURA
KENGERI HOBLI, SULIKERI
BANGALORE-560058
…PETITIONER
(BY SRI. M.S. CHANDRASHEKAR BABU, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
VIDHANA SOUDHA
BANGALORE-560001
2.
THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD
BENGALORE-560020
3.
THE LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD,
BENGALORE-560020
…RESPONDENTS
Digitally
signed by
HEMALATHA J
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI. B.J.ESHWARAPPA, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NO.1;
SRI. ASHOK HARANAHALLI, SENIOR ADVOCATE FOR SRI. M. AJAY
KUMAR, ADVOCATE FOR RESPONDENT NOS.2 AND 3)
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THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS
NO.2 AND 3 TO CONSIDER REPRESENTATIONS AS PER ANNEXURES-
E, F, G DATED 07.09.2012, 27.11.2019 AND 16.12.2020 AND ALSO
APPLICATION FOR REGULARIZATION OF CONSTRUCTED HOUSE IN
QUESTION AS PER ANNEXURE-K SERIES DATED 02.05.2025 AND
ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER
The petitioner has sought for a writ in the nature of
mandamus to direct the respondent Nos.2 and 3 to consider
her representations dated 07.09.2012, 27.11.2019 and
16.12.2020 and also regularise the house constructed on the
site No.5, khatha No.5/5/1-5 situate at Kenchanapura Grama,
Kengeri Hobli, Bengaluru South Taluk. She has also sought for
writ in the nature of mandamus to direct the respondent Nos.2
and 3 to regularise the house constructed on the aforesaid
property by receiving betterment charges etc.
2. (i) The petitioner contends that she is the owner
of a site bearing No.5, khatha No.5/5/1-5 situate at
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NC: 2026:KHC:59849
WP No. 24263 of 2025
CNR: KAHC010536122025
Kenchanapura Village, Kengeri Hobli, Bengaluru South Taluk,
measuring 40x60 feet, she having purchased it in terms of a
sale deed dated 24.05.2004. She contends that she has
constructed a house on the aforesaid property and that the
grama panchayat issued a 'B' khata during the year 2004-2005.
She claims that she is in possession of the aforesaid property
from the date of its purchase. Later she came to know that the
respondent No.1 issued a notification to acquire lands for
formation of Peripheral Ring Road-Part-II (PRR-II) which passes
through Kenchanapura village and over the site owned by her.
(ii) She contends that no notice was ever issued to her
but the owners of the adjacent survey numbers and sites had
filed objections to the proposed project. She also filed
objections on 07.09.2012, requesting the respondent No.3 not
to acquire the property over which she had constructed a
house. She again submitted a representation dated 27.12.2019
requesting the respondent No.3 not to proceed with the
proposed project, contending that her site was not acquired for
the peripheral ring road. She contends that the house
constructed on the property in question is provided with all
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amenities and she therefore sought deletion of the aforesaid
site from the acquisition proceedings in terms of her
representations dated 07.09.2012 and 27.11.2019. She again
followed it up by filing a representation dated 16.12.2020 which
was of no avail.
(iii) She contends that she has paid the property tax to
the Grama Panchayath and that E-khatha was also issued by
the panchayath. She claims that pursuant to the judgment
passed by this Court in W.A.No.1783/2014 and other connected
appeals, decided on 22.02.2024, she filed an application on
02.05.2025 requesting the respondent No.2 to allot an
alternate site to regularize the construction put up by her, upon
payment of charges, if any. She contends that the executive
engineer of the respondent No.2 came near her house and
directed her to vacate the same, failing which, the construction
would be demolished.
(iv) The petitioner is therefore before this Court seeking
for a direction to the respondents to consider her
representations and regularise the construction put up by her in
the land bearing Sy.No.5/1 of Kenchanapura Village.
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3. The learned counsel for the petitioner contended
that the petitioner has purchased the property in question even
before the notification was issued and that she has constructed
a building thereon and therefore the respondents were bound
to notify the petitioner before taking action to take over
possession of the site in question. He contends that since the
petitioner is in possession of the site ever since its purchase,
she is entitled to compel the respondents to regularize the
construction put up.
4. (i) The writ petition is opposed by the
respondent Nos.2 and 3 who have filed a statement of
objections contending that the respondent No.2 issued a
notification under Sections 17(1) and 3 of the Bengaluru
Development Authority Act, 1976 (henceforth referred to as
'Act, 1976' for short) proposing to acquire lands for formation
of Major Arterial Road (PRR-II) to ease connectivity in
Bengaluru. The preliminary notification was issued on
15.11.2006, followed by a final notification dated 27.07.2011.
They contend that land measuring 1 acre 10 guntas in Sy.No.5
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including Sy.Nos.5/1, 5/2, 5/3 and 5/4 were notified for
acquisition in the names of the notified kathedars.
(ii) It is contended that the respondent No.1 decided to
provide developed sites in lieu of monetary compensation in the
ratio of 50:50 and wherever the land acquired is less than 2
guntas, the owner/landloser would be compensated monetarily.
Accordingly, respondent No.3 passed an award determining
developed land measuring 14,974 square feet as compensation
for the land measuring 1 acre 10 guntas notified for acquisition.
It is contended that after an award was passed, possession of
the land in Sy.Nos.5/1, 5/2, 5/3 and 5/4 were taken and the
same were handed over to the engineering section for
formation of the Major Arterial Road. An award notice dated
18.12.2023 was issued to the persons whose names were
mentioned in the revenue records.
(iii) It is contended that the petitioner claims to have
purchased a revenue site measuring 40x60 feet, but the sale
deed under which she purchased the property does not disclose
the survey number. It is claimed that as per the sketch
prepared, the property of the petitioner comes within Sy.No.5/1
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of Kenchanapura Village and is situate in the middle of the
proposed road. It is claimed that the acquisition is complete in
all respects and since the acquisition is for formation of a road,
the petitioner cannot seek for regularisation of her house
constructed on the property in question. It is contended that
the petitioner would be entitled to compensation as determined
by the State Government which is proportionate to the extent
of land owned by her.
5. The learned Senior Counsel for the respondent
Nos.2 and 3 reiterated the aforesaid contentions and submits
that the house claimed by the petitioner is situate within the
road margin and therefore, the question of regularising her
occupation would not arise. He contends that the property is
very much needed for formation of the road and therefore no
indulgence can be shown to the petitioner in this petition. He
however contends that the respondent No.3-Land Acquisition
Officer has already determined the developed land that is to be
allotted in lieu of monetary compensation and that if the
petitioner so desires, she may approach the respondent No. 3
who shall consider her case in accordance with law and if she is
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entitled to allotment of an alternate piece of land, steps would
be taken in that regard.
6. I have considered the submissions of the learned
counsel for the petitioner and the learned Senior Counsel for
the respondents Nos.2 and 3.
7. The petitioner claims to have purchased a portion of
land in Sy.No.5/1 of Kenchanapura village purportedly
identified as Site No.5 in terms of a sale deed dated
24.05.2004. As admitted by the respondent Nos.2 and 3, the
house constructed by the petitioner is situate within Sy.No.5/1
which is sought to be acquired for the purpose of formation of
the major arterial road. Thus, it can safely be held that the
property claimed by the petitioner lies within the area notified
in terms of the preliminary notification dated 15.11.2006.
Therefore, there can be no doubt that the petitioner is entitled
to receive the compensation, either in the form of money or
developed land as per the award passed by the respondent
No.3.
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8. Since the house constructed by the petitioner lies
within the road margin, no direction can be issued to the
respondent Nos.2 and 3 to consider her case for regularisation.
However, having regard to the fact that the petitioner had
constructed the house prior to the acquisition, she is entitled
to some protection at the hands of the respondent Nos.2 and 3
as the notified khatedar may, taking advantage of the award,
attempt to receive developed land as compensation including in
respect of the property owned by the petitioner.
9. In that view of the matter, this writ petition is
disposed off. In the light of the award dated 09.11.2023
holding that the owners of land in Sy.Nos.5/1, 5/2, 5/3 and 5/4
of Kenchanapura Village are entitled to developed land
measuring 14,974 sq.ft. instead of monetary compensation, the
respondent Nos.2 and 3 are directed to make a physical
inspection of the land bearing Sy.No.5/1, 5/2, 5/3 and 5/4 of
Kenchanapura Village and identify the area acquired and also
verify whether any revenue sites are formed in the said
acquired portion and if yes, the respondent No.3 shall after
deducting the area used up for formation of the road in the
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acquired portion, determine the developed land to be allotted
as compensation to the petitioner and other owners of revenue
sites formed in the acquired portion. In order to facilitate this,
the respondent No.3 shall hold a meeting of not only the
petitioner but also all other site owners who have purchased
sites in the acquired portions in Sy.No.5/1, 5/2, 5/3 and 5/4 of
Kenchanapura Village. After being satisfied about purchase of
the sites, the respondent No.3 shall allot developed land
proportionate to the extent of property purchased by the
petitioner and other revenue site owners. After the above
exercise, the respondent Nos.2 and 3 are at liberty to take over
physical possession of the acquired portion. As far as the
assessment of the value of the building in site No.5 in
Sy.No.5/1 of Kenchanapura village belonging to the petitioner,
it shall be completed within four weeks from the date of receipt
of a copy of this order, after which, the petitioner shall vacate
and handover the possession of the building to the respondent
Nos.2 and 3. The above process shall be complied within a
period of 3 months from the date of receipt of a copy of this
order.
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10. Till the aforesaid exercise is completed the
respondent Nos.2 and 3 shall not damage or demolish the
building constructed on the site bearing No.5 formed in
Sy.No.5/1 of Kenchanapura Village.
Sd/-
(R. NATARAJ)
JUDGE
HJ
List No.: 1 Sl No.: 18