BENGALURU: In a significant development for the Bangalore Development Authority (BDA) and site allottees, the Karnataka High Court has upheld the acquisition of specific land parcels in Hemmigepura and Ganakallu villages located in Kengeri hobli for the Banashankari VI Stage project.
A division bench consisting of Justices DK Singh and S Rachaiah delivered the ruling, overturning a previous decision made by a single bench on January 27, 2025.
The court emphasized that once land is acquired by the state government free from all encumbrances, there is no basis for challenging the acquisition. It deemed the petition as a significant misuse of the judicial process.
The court imposed a penalty of Rs 50,000 on the landowners who initiated the original petition, with the amount directed to the Armed Forces Battle Casualties Welfare Fund.
The initial notification for the Banashankari VI Stage project was issued on November 15, 2000, followed by a final notification on August 21, 2001.
The landowners, whose plots are in Hemmigepura and Ganakallu villages, contested the acquisition in 2022. However, after the single bench ruled in their favor on January 27, 2025, the BDA and site allottees appealed the decision.
Senior advocate GS Kannur, representing the BDA, argued that the petitioners had failed to mention a similar challenge that had been dismissed in 2019, which should have resulted in their petitions being deemed inadmissible.
The division bench refuted the single bench’s claim that the acquisition had lapsed, labeling it “absolutely incorrect.”
The preliminary notification covered 2,138 acres and 4 guntas, while the government approved the scheme for 1,598 acres and 2 guntas. The petitioners acknowledged that the BDA had taken possession of 1,203 acres and 18.5 guntas. Hence, the court concluded that partial possession was not applicable, as the single bench overlooked critical considerations related to development, including the establishment of sites, roads, parks, public amenities, and the substantial execution of the scheme.
