M. R. SEETHARAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner No.1, the owner of 19 acres 14 guntas along with 17 guntas of Kharab land in several survey numbers at Thanisandra Village, K R Puram Hobli, Bengaluru East Taluk (hereinafter referred to as 'the Schedule-'A' property) for which amalgamated khata bearing Municipal No.13/2 was issued for the said property by the Bangalore Development Authority (for short, 'the BDA'). Petitioner No.2 is the real estate developer who has entered into a Joint Development Agreement with the petitioner No.1 for construction of housing complex consisting of multi-storied apartments. The petitioners have filed the present writ petition aggrieved by the report dtd. 16/7/2024 issued by the Justice K.N. Keshavanarayana Committee (for short, 'the Committee'), constituted by the High Court vide its judgment dtd. 27/9/2021 in W.P.No.51929/2014 and other connected writ petitions. BACKGROUND:-

(2.) The State Government issued Preliminary Notification dtd. 3/2/2003 under sub-Sec. (1) and (3) of Sec. 17 of the Bangalore Development Authority Act, 1976 (for short, 'the Act') for acquiring 3339 acres 12 guntas of land situated in various villages coming under Yelahanka, K R Puram and Kasab Hobli in Bangalore North and East Taluks situated in Bengaluru district for formation of Arkavathi Residential Layout.

(3.) Subsequently, a modified Preliminary Notification came to be issued on 16/9/2003, showing the extent of land proposed to be acquired as 3839 acres 12 guntas situated in Dasarahalli, Byrathikane, Challakere, Geddalahalli, K Narayanapura, Rachenahalli, Thanisandra, Amruthhalli, Jakkur, Kempapura, Sampigehalli, Srirampura, Venkateshpura, Hennur, Hebbala and Nagavara. The individual notices were issued as required under Sec. 17(5) of the Act to the land owners, pursuant to which several owners of lands, which were sought to be acquired, filed the objections/representations.