Can't Go Beyond Supreme Court Orders: Karnataka HC Dismisses Pleas Against BDA Notification For Developing Shivaram Karanath Layout

Justice SR Krishna Kumar took note of a Supreme Court order dated 03.08.2018, restoring BDA's preliminary notification and acquisition proceedings and directing it to issue a Final Notification within three months.

"It is well settled that it is not open for this Court to venture or attempt to interpret the aforesaid order of the Apex Court, which consists of clear, definite, unequivocal and unambiguous directions to the State and BDA to issue the final notification in respect of the entire extent of 3546 Acres 12 Guntas notified under preliminary notification," the High Court observed. 

It added,

"the Apex Court has been continuously passing several orders and issuing various directions for the purpose of facilitating implementation and execution of the scheme for the purpose of formation and development of the layout."

Pursuant to the Supreme Court's order, a Final Notification dated 30.10.2018 was issued by the BDA in respect of the entire extent of land measuring more than 3546 Acres 12 Guntas, which were notified in the Preliminary Notification.

In view of the same, Justice Kumar said,

"In the face of the clear dicta of the Apex Court in its order dated 03.08.2018, directing issuance of the final notification in respect of the entire extent notified under the preliminary notification without excluding any portion from the final notification, any contrary order or direction which would have the effect of quashing or excluding/dropping/deleting any portion of land from the final notification would be diametrically opposite and run counter to the order of the Apex Court which is impermissible in law. In fact, this Court cannot go beyond/behind the orders of the Apex Court and any tinkering around with the orders of the Apex Court would be a complete negation of the dicta of the Apex Court."

The notification was challenged by the petitioners claiming right, title, interest and possession over the portions of land covered by the preliminary and final notifications. It was further contended that they have purchased their respective properties prior to the order dated 03.08.2018 passed by the Apex Court and consequently, none of the orders of the Apex Court are binding upon.

Rejecting this contention, the High Court clarified that,

"The revival of the Preliminary Notification by the Apex Court by virtue of its order dated 03.08.2018 would relate back to the date of Preliminary Notification dated 30.12.2008; as a consequence of upholding the Preliminary Notification which has been declared as legal, proper and valid from 30.12.2008 onwards, all subsequent transaction after 30.12.2008 would be the subject matter of acquisition proceedings and all transactions in respect of any portion of the subject layout would be subject to, circumscribed, limited, restricted and governed by the orders of the Apex Court."

Case Title: Basappa v. State of Karnataka

Case No: W.P.No.5910/2021

Date of Order: November 29, 2021

Appearance: Advocate General Prabhuling.K. Navadagi A/W Aga A.C.Balaraj, for R-1; Senior Counsel D.N. Nanjunda Reddy, A/W Advocate Unnikrishnan.M, for R-2 & R-3

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