Karnataka High Court scraps KHB land acquisition near Bannerghatta park

In a significant setback to the Karnataka government, the High Court of Karnataka has quashed the acquisition of 1,938 acres of land for the Karnataka Housing Board's (KHB) Suryanagar 4th phase residential layout project. The court held that the land falls within the proposed eco-sensitive zone (ESZ) of the Bannerghatta National Park (BNP) and abuts elephant corridors.

The Division Bench of Justice D.K. Singh and Justice H. Shanthi Bhushan delivered the order on August 29, overturning a single judge's January 2025 verdict. The earlier ruling had permitted acquisition of agricultural land subject to obtaining clearances from the Union Ministry of Environment, Forest and Climate Change (MoEFCC), and had quashed acquisition of converted land except for road formation.

The Bench observed that housing is not the only requirement for human existence, stressing that ecology, wildlife, forest, and water streams are equally important. It noted that the project falls within the proposed ESZ of 268.96 sq. km around BNP, making it "misconceived" with irreversible ecological and wildlife consequences. The court also criticised the acquisition proceedings for lacking scientific environmental impact assessment and socio-ecological considerations, as flagged by the Central Empowered Committee (CEC).

The KHB had initiated acquisition in 2013 across five villages in Anekal taluk: Konasandra, Bommandahalli, Kadujakkanahalli, Indlavadi, and Bagganadoddi. Landowners challenged the move, citing environmental violations.

The court noted that the MoEFCC's draft notification in 2016 proposed an ESZ of 268.96 sq. km, but the final notification in March 2020 reduced it to 168.84 sq. km. The ESZ issue is pending before the Supreme Court, with the CEC recommending restoration to the original area. The MoEFCC told the court it is studying the recommendation.

The CEC had flagged that the reduced ESZ excluded scientifically identified elephant corridors and ecologically significant patches. It also warned that the Suryanagar project would cause irreversible damage and affect the Karadikkal-Madeshwara elephant corridor, increasing human-wildlife conflict.

The Bench found that KHB failed to obtain mandatory clearances from the Standing Committee of the National Board for Wildlife, having only secured a Wildlife Impact Mitigation Plan from the Principal Chief Conservator of Forests for a fee of ₹1.5 crore.

The court posed a poignant question: whether the principle of a secure home should be denied to wildlife. It observed that the project aims to provide affordable housing plots but at the cost of displacing wildlife and depriving them of their natural habitat, noting that elephants cannot be treated as occupants without rights whose homes may be displaced at will.