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Judgment
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra Court appeal has been filed impugning the report dated 06.03.2023 on application filed by the private respondents No.5 to 10 for deletion of their lands situated at Sy.No.110/2 of Hebbal village, from the land acquisition proceedings initiated for formation of Arkavathi Layout.
The aforesaid land has been allotted in favour of petitioner after the second final Notification was published on 18.06.2014. However, in view of the judgment passed by learned single judge in W.P.No.34259-264/2014, and other connected petitions, a three member committee under the chairmanship of Justice (Rtd.) K. N. Keshavanarayan came to be constituted to look into the inclusion/omission of lands in the final Notification about their legality and illegality. The Committee in its report has recommended that land of the private respondents in Survey No. 110/2, measuring 16 guntas should be deleted from the process of acquisition. However, no notice was served on the petitioners though allegedly issued, and the petitioners did not have an opportunity to present their case before the Committee. Their rights are affected by the said recommendation.
Learned counsel for the Bangalore Metro Rail Corporation Ltd., (hereinafter referred to as ‘BMRCL’ for short) submits that some portions of the land has been acquired by the State Government, after the final Notification came to be issued on 18.06.2014 and the possession of the said land has been handed over to BMRCL. BMRCL is also an affected party, and therefore, BMRCL should also have been heard by the Committee before taking the final decision inasmuch as the BMRCL has deposited the entire compensation of the land acquired further.
These facts are not in dispute. As the petitioners right as well as the BMRCL rights are affected by the impugned report of the Hon'ble Justice (Rtd.) K.N. Keshavanarayana Committee, we deem it appropriate to allow the Writ Petition, set aside the report and remand the matter back to the Committee to decide afresh after giving an opportunity of hearing to the petitioner, as well as the BMRCL.
Let the parties remain present before the Hon'ble Justice (Rtd.) K.N. Keshavanarayana Committee on 07.09.2026, and the Committee will fix the date of hearing thereafter, in the presence of the parties. We request the Committee to conclude the proceedings at the earliest preferably within a period of 2 months. The parties shall cooperate before the Committee for early conclusion of the proceedings on remand.
All contentions of the parties are left open.
All pending applications also stand disposed off.