Bengaluru: In a big relief for Bangalore Development Authority (BDA) and site allottees, Karnataka high court has upheld acquisition of certain parcels of land in Hemmigepura and Ganakallu villages of Kengeri hobli for Banashankari VI Stage project.A division bench comprising Justices DK Singh and S Rachaiah passed the order, reversing the decision of the single bench dated Jan 27, 2025.The court said once the land is acquired by the state govt, free from all encumbrances, there was no question of quashing the land acquisition. A petition is a gross abuse of the process of the court, it added.It imposed a cost of Rs 50,000 upon the landowners, who were petitioners before the single bench. The cost goes to Armed Forces Battle Casualties Welfare Fund.The preliminary notification for Banashankari VI Stage project was issued on Nov 15, 2000, and the final notification on Aug 21, 2001.The petitioners, who owned land in Hemmigepura and Ganakallu villages, challenged the acquisition in 2022. On Jan 27, 2025, the single bench ruled in their favour. BDA and site allotted challenged the order.Senior advocate GS Kannur, appearing for BDA, submitted that the petitioners failed to disclose that a similar challenge in 2019 had been dismissed. Hence, their petitions should not have been admitted at all.The division bench held as “absolutely incorrect” the finding of the single bench that the acquisition had lapsed.The preliminary notification was issued for 2,138 acres 4 guntas. However, the govt approved the scheme for 1,598 acres 2 guntas. The petitioners admitted that the possession of 1,203 acres 18.5 guntas was taken by BDA. Thus, there cannot be partial taking of the possession. The single bench ignored the vital aspect of development and formation of the sites, roads, parks, public amenities and substantial implementation of the scheme.
