ITEM NO.301 COURT NO.

4 SECTION IV-A

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Miscellaneous Application Nos.1614-1616/2019

in C.A. Nos.7661-7663/2018

BANGALORE DEVELOPMENT AUTHORITY & ANR. Petitioner(s)

VERSUS

STATE OF KARNATAKA & ORS. Respondent(s)

(IA No. 108796/2022 - APPROPRIATE ORDERS/DIRECTIONS)

Date : 22-09-2022 These matters were called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE S. ABDUL NAZEER
HON'BLE MR. JUSTICE SANJIV KHANNA

For Petitioner(s) Mr. S.K.Kulkarni,Adv.

Mr. M.Gireesh Kumar,Adv.
Mr. Ankur S. Kulkarni, AOR
Ms. Uditha Chakravarthy,Adv.

For Respondent(s) Mr. V. N. Raghupathy, AOR

Mr. Anand Sanjay M.Nuli,Adv.

Mr. Dharm Singh,Adv.
Mr. Nanda Kumar K.B.,Adv.
Mr. Suraj Kaushik,Adv.
For M/S. Nuli & Nuli, AOR

Mr. D. K. Devesh, AOR

Mr. Durga Dutt, AOR

UPON hearing the counsel the Court made the following

O R D E R

(1) We have heard learned counsel for the parties and Mr. Anand Sanjay M. Nuli,

learned counsel appearing for the Justice A.V. Chandrashekar Committee.

(2)
Signature Not Verified
In response to the Order of this Court dated 25.08.2022, the Justice A.V.
Digitally signed by
JAGDISH KUMAR
Date: 2022.09.23
13:38:42 IST
Chandrashekar Committee has filed a Report (Twenty-Second Report) dated
Reason:

1
19.09.2022. We direct Mr. Anand Sanjay M. Nuli, learned counsel appearing for the

Justice A.V. Chandrashekar Committee, to furnish a copy of this Report to learned

counsel for the respondent-State and learned counsel for the BDA. This Report would

be considered on the next date of hearing.

(3) The Commissioner of BDA is directed to file an affidavit informing this Court as

to what has happened to the previous sites held by the allottees (whose particulars are

available in the Twenty-Second Report of the Justice A.V. Chandrashekar Committee

dated 19.09.2022) for whom alternative sites have been allotted.

(4) The Twenty-Second Report sent by the Justice A.V. Chandrashekar Committee

also contains Annexures L-0245 to L-0254 and Annexures N-0038 to N-0040 a total of

44 buildings only.

(5) For the reasons stated therein these buildings are required to be regularized in

terms of our Order dated 03.12.2020.

(6) We direct the BDA to regularize the buildings specified in Annexures L-0245 to

L-0254 and Annexures N-0038 to N-0040 which are made part and parcel of this order.

We direct the BDA not to acquire or take possession of the land/buildings specified in

Annexures L-0245 to L-0254 and Annexures N-0038 to N-0040 subject to the

conditions indicated in our Order dated 03.12.2020 and paragraph ‘48’ of the Twenty-

Second Report. However, betterment tax may be levied at a later stage.

(7) The Justice A.V. Chandrashekar Committee, for the purpose of record, will hand

over a copy of the Twenty-Second Report along with Annexures L-0245 to L-0254

and Annexures N-0038 to N-0040 to the Commissioner of BDA.

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(8) The Commissioner of BDA is directed to issue regularization certificates to the

concerned applicants in a transparent manner under the supervision of the Justice A.V.

Chandrashekar Committee within a period of four weeks from today.

(9) We have also perused the Status Report dated 19.09.2022 filed by the

Commissioner of the BDA.

(10) At the request of the BDA, four weeks’ further time is finally granted to

complete the process of taking over the possession of 45 acres 17.25 guntas of land

notified for connectivity within the Dr. Shivaram Karanth Layout.

(11) Tender process for the formation of the Dr. Shivaram Karanth Layout should be

completed on or before 30.09.2022. Next Status Report shall be filed by the BDA on

or before 10.10.2022.

(12) List this matter on 11.10.2022 at 01:45 p.m.

(NEELAM GULATI) (ANITA MALHOTRA) (KAMLESH RAWAT)

AR-CUM-PS AR-CUM-PS COURT MASTER

3
 ITEM NO.301 COURT NO.4 SECTION IV-A

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Miscellaneous Application Nos.1614-1616/2019

in C.A. Nos. 7661-7663/2018

BANGALORE DEVELOPMENT AUTHORITY & ANR. Petitioner(s)

VERSUS

STATE OF KARNATAKA & ORS. Respondent(s)

(IA No. 108796/2022 - APPROPRIATE ORDERS/DIRECTIONS)

Date : 11-10-2022 These matters were called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE S. ABDUL NAZEER
HON'BLE MR. JUSTICE SANJIV KHANNA

For Petitioner(s) Mr. S.K.Kulkarni,Adv.

Mr. M.Gireesh Kumar,Adv.
Mr. Ankur S. Kulkarni, AOR
Ms. Uditha Chakravarthy,Adv.

For Respondent(s) Mr. V. N. Raghupathy, AOR

Mr. Md.Apzal Ansari,Adv.

Mr. Anand Sanjay M.Nuli,Adv.

Mr. Suraj Kaushik,Adv.
Mr. Nanda Kumar K.B.,Adv.
Mr. Dharm Singh,Adv.
Mr. D.P.Mahesh,Adv.
For M/S. Nuli & Nuli, AOR

Mr. D. K. Devesh, AOR

Mr. Durga Dutt, AOR

Ms. Anjul Dwivedi,Adv.
Mr. Ajay Kumar,Adv.
Mr. Vaibhav Shukla,Adv.
Mr. Aditya Kumar,Adv.

UPON hearing the counsel the Court made the following

O R D E R
Signature Not Verified

(1) We have heard learned counsel for the parties and Mr. Anand Sanjay M. Nuli,
Digitally signed by
DEEPAK SINGH
Date: 2022.10.12
10:36:18 IST
Reason:

learned counsel appearing for the Justice A.V. Chandrashekar Committee.

1
(2) The respondents, State of Karnataka and the Bangalore Development Authority

have not disputed the contents of paragraphs 2 to 43 of the Twenty-Second Report

dated 19.09.2022, sent by the Justice A.V. Chandrashekar Committee. Therefore, we

direct the Commissioner, BDA to take action on this Report forthwith and send a

compliance report to this Court on or before 05.12.2022. We direct the respondent-

State of Karnataka to transfer the Secretary of the BDA - Sh. C.L. Anand and Deputy

Secretary-1 - Dr. N.N. Madhu from the BDA forthwith.

(3) We have perused the Twenty-Third Report dated 07.10.2022, sent by the

Justice A.V. Chandrashekar Committee. This Report contains Annexures M-0201 to

M-0215 (a total of 98 buildings).

(4) For the reasons stated therein these buildings are required to be regularized in

terms of our Order dated 03.12.2020.

(5) We direct the BDA to regularize the buildings specified in Annexures M-0201 to

M-0215 which are made part and parcel of this order. We direct the BDA not to

acquire or take possession of the land/buildings specified in Annexures M-0201 to M-

0215 subject to the conditions indicated in our Order dated 03.12.2020 and paragraph

‘5’ of the Twenty-Third Report. However, betterment tax may be levied at a later

stage.

(6) The Justice A.V. Chandrashekar Committee, for the purpose of record, will hand

over a copy of the Twenty-Third Report along with Annexures M-0201 to M-0215 to

the Commissioner of BDA.

2
(7) The Commissioner of BDA is directed to issue regularization certificates to the

concerned applicants in a transparent manner under the supervision of the Justice A.V.

Chandrashekar Committee within a period of four weeks from today.

(8) Suggestions made by the Justice A.V. Chandrashekar Committee in Paragraph

‘6’ of the Twenty-Third Report would be considered on a next date of hearing.

(9) In paragraph ‘7’ of the Report, the Committee has stated that in the Second

Report dated 10.08.2021, this Court had directed the BDA not to acquire 2 acres of

land in Sy.No.109/4 (P) of Avalahally village and on re-survey, it was found that an

error has taken place. The total extent in the aforesaid Sy.No.109/4 (P) is 6 acres 16

guntas, out of this notified area for acquisition is 3 acres 12 guntas. The building in

question is situated in the non-notified land measuring 3 acres 4 guntas. For the reason

stated in paragraph ‘7’ and ‘8’ of the Report, the order dated 19.08.2021 in relation to

this land is modified. We direct the BDA to acquire the notified extent of 3 acres 12

guntas and land in Sy.No.109/4 (P) of Avalahally village.

(10) We have perused the Status Report dated 07.10.2022 filed by the BDA. It is

stated in paragraph ‘7’ of the Report that in respect of non-notified areas, there are few

revenue sites in the lands proposed for acquisition. The revenue site holders in these

lands are also treated on the same footing as other revenue site holders vide order dated

05.05.2021 and they are also given the same benefits subject to the terms and

conditions mentioned therein.

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(11) For the reasons set out in paragraph ‘10’ of this Status Report, BDA is permitted

to call for short term tenders and complete the process of finalizing the tenders within 4

weeks from today.

(12) Final notification in respect of non-notified areas shall be issued within a period

of one week from today and steps should be taken for taking possession of these lands

within 6 weeks thereafter in accordance with the procedure prescribed for the said

purpose. Simultaneously, BDA is directed to issue tender notification for formation of

layout in respect of this area.

(13) Two weeks further time is granted finally to file an affidavit giving information

as to what has happened to the previous sites held by the allottees of alternative sites as

requested in paragraph 9 of the status report dated 07.10.2022.

(14) We request the Justice A.V. Chandrashekar Committee to supervise the

formation of Dr. Shivaram Karanth Layout.

(15) BDA is directed to file the next Status Report on or before 31.10.2022.

(16) List this case on 02.11.2022 at 01.45 p.m.

(NEELAM GULATI) (ANITA MALHOTRA) (KAMLESH RAWAT)

AR-CUM-PS AR-CUM-PS COURT MASTER