Elephants have rights: Karnataka High Court quashes land acquisition for housing project near Bannerghatta

The Karnataka High Court has quashed the acquisition of over 1,938 acres of land for the 4th phase of Suryanagar housing project by Karnataka Housing Board (KHB), holding that the project would have irreversible ecological and wildlife-related consequences [Puttarajamma v State of Karnataka].

A division bench of Justices DK Singh and H Shanthi Bhushan passed the judgment while allowing the appeals filed by the landowners against the acquisition of their agricultural land for Suryanagar 4th Phase Layout.

The Court observed that while the Suryanagar project seeks to provide affordable and planned housing plots, it would deprive the wildlife of their natural habitat. It added that the project would seriously affect the Karadikkal-Madeshwara Corridor for elephants.

“The elephants in question, for whom these corridors constitute not merely a passage but an essential part of their natural habitat and existence, cannot be treated as occupants without rights whose homes may be displaced at will,” the Bench said.

Accordingly, the Court set aside the decision of a single-bench, which had only partly interfered with the acquisition of land on January 13, 2025.

"The entire land acquisition proceedings are nothing but an exercise without undertaking the relevant considerations such as, scientific study of environment impact assessment, socio-ecological factors etc., as flagged by the CEC," the Court ruled.

The KHB had initially proposed acquisition of 2,220 acres and two guntas. Following objections by landowners, the State in 2015 issued notifications covering 1,938 acres and 13 guntas. The project involved the acquisition of land in Konasandra, Bommandahalli, Kadujakkanahalli, Indlawadi and Bagganadoddi villages in Anekal taluk.

State Environment Impact Assessment Authority granted clearance for the project in 2023. However, the decision was challenged by landowners who, among other things, argued that their agricultural land was the source of their livelihood. It was also argued that the acquisition raised serious environmental concerns in view of the project's proximity to Bannerghatta National Park.

The single-judge on January 13, 2025, partly allowed their petitions.

The acquisition of agricultural land was permitted subject to the KHB obtaining the necessary clearances from the Ministry of Environment, Forest and Climate Change (MoEFCC). However, the acquisition of land converted for non-agricultural purposes was quashed.

The landowners as well as the Karnataka Housing Board later filed appeals against the single-judge decision.

In the judgment passed on August 29, the division bench examined the environmental implications of the project, particularly in light of a Central Empowered Committee (CEC) report dated January 5, 2026 concerning the eco-sensitive zone around Bannerghatta National Park.

The Court ruled that the environmental and wildlife concerns could not be brushed aside merely on the basis of the proposed housing project.

“As important as it is to encourage development and urbanisation, the same must be done while balancing the interests of the environment and its species,” it observed.

The Court emphasised that housing was not the only requirement for human existence and that ecology, wildlife, forests and water streams were equally important.

“We are, therefore, of the view that since the project in question itself falls within the Bannerghatta National Park Eco-Sensitive Zone of 268.96 sq.kms., the whole project is misconceived and would have irreversible ecological, environmental and wildlife related consequences,” the Court held.

Consequently, the Bench allowed the landowners' appeals and quashed the entire land acquisition proceedings.

Karnataka Housing Board's appeals were dismissed.

Senior Advocates Udaya Holla, DR Ravi Shankar and advocates Chandrashekar PV, Mutaguppi Laxmesh Putta, C Shankar Reddy, HL Pradeep Kumar appeared for the appellants.

Additional Solicitor General of India Arvind Kamath, Advocate General K Shashi Kiran Shetty, Additional Advocate General Ismail Zabiulla, Additional Government Advocate B Ravindranath, Senior Advocates SN Aswathanarayana and DR Ravi Shankar, Central Government Counsel S Rajashekar and advocates SA Sudhindra, HL Pradeep Kumar, PV Chandrashekar appeared for the respondents.

[Read Judgment]