Karnataka - Bangalore   

High Court quashes BDA notification

Staff Reporter

BANGALORE: The Karnataka High Court has quashed a notification by the Bangalore Development Authority (BDA) directing a firm to move out of the Bangalore Palace premises in Bangalore and asked the authority to consider the reply given by the firm.

The petitioner, Amanulla Khan's sons, said the Karnataka Legislature had at its 87th Sessions passed the Bangalore Palace (Acquisition) Bill, 1996 whereby it proposed to transfer and vest with itself the Palace and the Grounds.

Srikantadatta Narasimharaja Wadiyar challenged the Bill in 1996-97 before the Karnataka High Court. A single judge had referred the issue to the Division Bench which had, on March 31, 1997, upheld the acquisition. The matter was then referred to the Supreme Court.

The firm said it had taken the property within the Palace Grounds from Sri Venkateshwara Real Estates Enterprises Limited, represented by its Managing Director, Srikantadatta Narasimharaja Wadiyar. This was renewed on July 27, 1996.

On August 7, 2004, the BDA issued a notice to the petitioner contending that the firm had neither taken permission nor any licence from the authorities to enter the premises and carry out any activity. It said this action amounted to trespass and directed the petitioner to vacate the premises within 15 days of the issue of notice.

The firm moved the High Court against the notice, saying that it was illegal and arbitrary and that the BDA had not considered the reply given by it.

Justice Ajit Gunjal said the final notification of the BDA was liable to be quashed and remitted the matter back to the BDA to consider the reply by the petitioner. He directed the BDA "to keep in mind the various interim orders passed by the court during the proceedings in the writ petitions and ensure that there is no violation of any order".

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