Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 8040 OF 2025 (LA-RES) BETWEEN: SHRI. MUNITHIMMAREDDY, S/O LATE PATEL THIMMAREDDY, AGED 43 YEARS, R/AT NO. 223, GOLD COINS CLUB ROAD, VASUNDRA LAYOUT, ANDAPURA VILLAGE, HEELALIGE VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU URBAN - 560 099. …PETITIONER (BY SRI. ARVIND N, ADVOCATE) AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY, Digitally signed by JUANITA REVENUE DEPARTMENT (LAND ACQUISITION), THEJESWINI VIDHANA SOUDHA, BANGALORE - 560 001. Location: HIGH COURT OF KARNATAKA 2. SPECIAL LAND ACQUISITION OFFICER, 3RD FLOOR, PODIUM BLOCK, VV TOWERS, BANGALORE - 560 001.
3. THE DEPUTY COMMISSIONER, BANGALORE, KANDAYA BHAVAN, BANGALORE - 560 009.
4. THE ASSISTANT COMMISSIONER, BANGALORE SOUTH SUB-DIVISION, -2- KANDAYA BHAVAN, BANGALORE - 560 009.
5. THE TAHSILDAR ANEKAL TALUK, BANGALORE - 562 106.
6. THE CHIEF OFFICER / COMMISSIONER, CHANDAPURA MUNICIPALITY, CHANDAPURA, ANEKAL TALUK,
7. THE CHIEF OFFICER / COMMISSIONER, BOMMASANDRA MUNICIPALITY, BOMMASANDRA, ANEKAL TALUK, …RESPONDENTS (BY SRI. SESHU V, HCGP FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLES 266 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO I. TO ISSUE A WRIT OF CERTIORARI QUASHING THE NOTIFICATION VIDE NO. RD74AQB2023 DATED 07.10.2023 ISSUED BY THE STATE GOVERNMENT /RESPONDENT NO.1 VIDE ANNEXURE D AND QUASHING THE NOTIFICATION VIDE NO. LAQ/CR/10/2023-24 DTD. 19/02/2024 VIDE ANNEXURE-F ISSUED BY THE RESPONDENT NO.1 WITH RESPECT TO THE LAND BEARING SY. NO.129 OF HEELELIGE VILLAGE, ANEKAL TALUK, BANGALORE HEREIN, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: -3- CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
The petitioner claims to be the owner of 1 acre and 13 guntas of land in Sy.No.129 of Heelalige Village, Attibele Hobli, Anekal Taluk. The said lands along with a few other neighboring lands, are sought to be acquired and utilized for the formation of a sewage treatment plant. The petitioner has given a representation to respondent No.2-SLAO for dropping the acquisition proceedings. Similar representations are also given, raising the grievances of similarly placed landowners at the hands of an association formed for the purpose of opposing the move to build a sewage treatment plant, which is situated next to a lake. However, respondent No.2 has not considered such representation.
2. On the previous date of hearing, this Court had
directed the learned High Court Government Pleader to secure instructions and furnish a copy of the orders passed by respondent No.2, if any, considering the objections filed -4- by the petitioner and the said association. Today, the learned High Court Government Pleader has furnished a copy of an endorsement dated 28.03.2025 issued to the president of the association.
3. It is clear from the said endorsement that
respondent No.2-SLAO is of the opinion that having regard to the directions issued by the National Green Tribunal, New Delhi, the formation of the sewage treatment plant is compulsory, and therefore, they cannot drop the acquisition proceedings.
4. The writ petition stands disposed of, granting
liberty to the petitioner to redress his grievance in accordance with law, having regard to the endorsement dated 28.03.2025 issued by respondent No.2. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 9 CT: BHK