BABA DEVELOPERS PVT LTD Vs. BANGALORE INTERNATIONAL AIRPORT

JUDGEMENT

(1.) Petitioners have sought for a declaration that the Master Plan, 2021 dated 27.1.2009 and 29.1.2009 vide Annexures-'K' and 'K1', the Notification issued by the 2nd Respondent as per Annexure-'M' dated 27.1.2009 and the Gazette Notification dated 29.1.2009 vide Annexure-'N', as null and void in so far as they relate to the designation of the lands, bearing Survey Nos. 62, 65, 55, 3 acres in 64, 102/1, 103/1, 49, 104/1, 105/1, 104/3, 100, 50, 101/1, 2 3 and 102/2, totally measuring 41 acres 16 guntas, situated at Hegganahalli village, Kundana Hobli, Devanahalli Taluk, belonging to the Petitioners for agricultural use.

(2.) The State Government constituted Bangalore International Airport Area Planning Authority (hereinafter referred to as 'the Planning Authority' for short) on 12.1.1996 and the Master Plan prepared by the Planning Authority was provisionally approved by the State Government and the same was published on 30th September 2004. The aforementioned lands were converted for non-agricultural purposes i.e., for residential purposes under Section 95 of the Karnataka Land Revenue Act, 1965 (hereinafter referred to as 'the Revenue Act' for short) on 22.12.2004, 1.2.2005, 23.2.2005 and 30.3.2005. No Objection Certificate was issued by Karnataka Pollution Control Board. However, the application filed by the Petitioners for grant of approval for formation of residential layout was rejected by issuing endorsements dated 7.10.05 and 20.10.2005. The Petitioners made another application for grant of approval for formation of residential layout on 25.4.2006. The same also came to be rejected on 22.6.2006. Such orders of the rejection of the prayer of the Petitioners for formation of residential layout were questioned before this Court in Writ Petition No. 7487/2006 and connected matters. The same came to be disposed of by observing thus:

(3.) The Master Plan, 2021 is approved by the 2nd Respondent designating the lands in question for agricultural purposes on 27.1.2009 as per Annexure-'M'. A Corrigendum was issued on 29th January 2009 to the Master Plan making certain clarifications as per Annexure-'N' on 29th January 2009. As aforementioned, the Petitioners are aggrieved by the action of the Respondent in designating the lands in question in the Master Plan for agricultural purposes.