Residential Construction Permitted In Eco-Sensitive Zone: Karnataka Housing Board Defends Bannerghata Land Acquisition In High Court

The Karnataka Housing Board told the High Court on Monday [August 10] that residential construction is permitted inside the eco-sensitive zone in Bannerghatta National Park, defending the acquisition of land in the area for a residential project overseen by the board. 

The Division Bench of Justice D.K. Singh and Justice H. G. Shanthi Bhushan reserved its verdict in appeals filed by the KHB challenging a January 2025 single judge's order that partially allowed petitions filed by landowners challenging the acquisition of their lands near Bannerghatta National Park for Suryanagar project, a housing project managed by KHB. 

Senior Counsel D.R. Ravishankar, appearing for the Karnataka Housing Board told the court that the plan sanction is as per the Karnataka Town and Country Planning Act, 1961. Moreover, 44% of the acquired land is earmarked for civic amenities, parks, recreational activities and open spaces, he added.

The counsel further argued that no area has been left out as unplanned; the project is permissible within the Eco-Sensitive Zone since residential layouts are allowed depending on local demands.

Ravishankar submitted that the applicable rules to the Eco-Sensitive Zone only provides for regulation of certain activities, and residential construction is a permitted activity. He argued:

“…When you come to construction activity, what is prohibited is new commercial construction. Residential construction is allowed. Now it's an institutional development taking place, making smaller development sites and allotting them to the needy…. Even if we don't do it, this can be a subject atter of private development”, the counsel added.

When the Court inquired about the nature of the Bannerghatta National Park, the KHB counsel explained that it is like a 'larger area of captivity', where animals are rescued, some are there permanently, and breeding also takes place.

The Housing Board explained that areas are demarcated for tigers and lions separately so they get some form of a natural habitat, though they are also to be deemed as enclosures at the same time.

The Housing Board told the Court further that a Monitoring Committee, headed by the Regional Commissioner of the State, is in existence since 2020, when the project was conceptualized.

After hearing the matter for some time the court reserved its verdict. 

The matter arises from a batch of writ petitions filed in 2015 challenging the acquisition of lands by the KHB for the formation of a residential layout near Bannerghatta National Park. The Preliminary Notification under Section 4(1) of the Land Acquisition Act, 1894 was issued on October 19, 2013, and the Final Notification under Section 6(1) was issued on March 12, 2015.

The Single Judge of Justice M.I Arun had on January 13, 2025 allowed the petitions in part, quashing the notifications in respect of lands converted for residential/industrial purposes before the land acquisition notification was passed, while upholding the acquisition of agricultural lands, subject to environmental clearance obtained by the state and KHB.

On July 10 the Division Bench  had directed the Secretary, Union Ministry of Environment and Forest to file a personal affidavit on specific points such as whether the land acquisition would violate recommendations of the Central Empowered Committee dated January 5, 2026 and whether the Ministry is required to give a 'No Objection Certificate' for the project. The court had also asked for details regarding the status of the Eco-Sensitive Zone around Bannerghatta National Park and its relevant area.

On August 4 the Court was 'aghast and dismayed' to find that instead of the Secretary, the affidavit was filed by the Joint Secretary. The Court had then directed that if the Secretary's affidavit was not filed by August 6, Secretary Tanmay Kumar shall remain present before the Court for committing contempt and for framing of charges.

Today, the bench noted that the Ministry of Environment, Forest and Climate Change has filed its affidavit in compliance with its orders and took the same on record. 

The Court has also directed the KHB and other parties to file a synopsis of arguments by Friday. 

Case Title: The Commissioner & Anr. v. State of Karnataka & Ors. & Connected Matters

Case No: WA Nos. 2047/2025, 2082/2025, 2072/2025, 2087/2025, 609/2025, 627/2025, 391/2025 and 392/2025