Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 2520 OF 2025 (LA-BDA) BETWEEN: SRINIVAS @ SEENAPPA S/O. LATE VENKATARAMANAPPA SINCE DEAD BY HIS LRS
1. JAYAMMA W/O LATE SRINIVASA @ SEENAPPA AGED ABOUT 53 YEARS
2. NAGESH S. S/O LATE SRINIVASA @ SEENAPPA AGED ABOUT 40 YEARS,
3. VENKATESH S.
S/O LATE SRINIVASA @ SEENAPPA AGED ABOUT 29 YEARS ALL ARE RESIDING AT NO.131, RAMASANDRA VILLAGE Digitally signed SULIKERE POST, by KRISHNAPPA KENGERI HOBLI LAXMI YASHODA BANGALORE SOUTH TALUK Location: HIGH COURT OF BANGALORE-560 060 KARNATAKA
4. MOHAN
S/O. LATE VENKATARAMANAPPA AGED ABOUT 55 YEARS RESIDING AT RAMASANDRA VILLAGE SULIKERE POST, KENGERI HOBLI BANGALORE SOUTH TALUK BANGALORE-560 060 …PETITIONERS (BY SRI. M C BASAVARAJU, ADVOCATE) -2- AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BANGALORE-560 001 REPRESENTED BY ITS SECRETARY
2. THE BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, KUMARA PARK WEST BANGALORE 560 020 REPRESENTED BY ITS COMMISSIONER
3. THE ADDITIONAL LAND ACQUISITION OFFICER
T. CHOWDAIAH ROAD, KUMARA PARK WEST BANGALORE - 560 020 …RESPONDENTS (BY SRI. SESHU V., HCGP FOR R1 SRI. K. KRISHNA, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
NOTICE BEARING NO.BHU.SWA.PRA.NO.1171/2011-12 DATED TO THE WRIT PETITION AND DIRECTING THE 3 RD RESPONDENT TO DROP THE FURTHER PROCEEDINGS OF THE ACQUISITION IN RESPECT OF SY.NO.90 OF RAMASANDRA VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK, MEASURING 3 ACRES, 11 GUNTAS OF LAND BELONGS TO THE PETITIONERS BY CONSIDERING THE REPRESENTATION DATED 01/04/2024 MADE BY THE PETITIONERS VIDE ANNEXURE H TO THE WRIT PETITION, GRANT AN INTERIM
ORDER TO STAY THE FURTHER PROCEEDINGS OF IMPUGNED THE
NOTICE BEARING NO.BHU.SWA.PRA.NO.1171/2011-12 DATEDTO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: -3- CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
The grievance of the petitioners is that despite the petitioners giving a representation on 01.04.2024 to the Commissioner, Bangalore Development Authority, no reply is given by the Commissioner or the Special LAO. In the representation, the petitioners sought for dropping of the acquisition proceedings in respect of their lands while referring to the orders passed by the Hon'ble Division Bench in Writ Appeal No.2024/2014 dated 22nd February 2025. The Division Bench had permitted all such land owners who had raised grounds that their lands are: 1) Nursing lands 2) Situated within green belt 3) Totally build up 4) That the buildings are constructed by Religious/Charitable Educational Institutions;
5) That similar adjoining lands have been left out from acquisition or denotified, permitting them to make an application to the BDA seeking for dropping of their lands from acquisition proceedings by producing all such materials that they deem -4- fit/necessary in support of their contentions, within three months from the date of the order.
2. Accordingly, within a period of three months, the representation has been given by the petitioners. However, no orders have been passed on the representation given by the petitioners.
3. The Hon'ble Division Bench had also directed that the BDA shall complete the exercise of considering all such representations and decide on the same within an upper limit of six months from the date of the order.
4. Having regard to the facts narrated hereinabove, since
the petitioners have filed an application within the time prescribed by the Hon'ble Division Bench and there is no consideration of the representations given by the petitioners, this Writ Petition stands disposed of with a specific direction to the Commissioner, Bangalore Development Authority and the Additional Land Acquisition Officer to consider the representation dated 01.04.2024 at Annexure-H and pass necessary orders as directed by the Hon'ble Division Bench, as expeditiously as possible and at any rate, within a period of two months from the date of receipt of a copy of this orders. -5- Needless to observe that till such time, the respondents shall not precipitate the matter in so far as the lands belonging to the petitioners are concerned. Sd/- (R DEVDAS) JUDGE BNV List No.: 1 Sl No.: 7