Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 3138 OF 2025 (LA-BDA) BETWEEN:
1. GALAPPA G., S/O GALAPPA, AGED ABOUT 76 YEARS, R/AT SY NO. 53/5P, BANGALORE NORTH TALUK, BANGALORE - 560 091.
2. SMT ANJINAMMA W/O LATE LAKKAPPA AGED ABOUT 50 YEARS, R/AT SY NO 53/5P, No.6, KODIGEHALLI VILLAGE, BANGALORE NORTH TALUK Digitally signed BANGALORE by SUMA B N Location: High …PETITIONERS Court of Karnataka (BY SMT. MAMATA GURURAO KULKARNI, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY, TO HOUSING AND URBAN, DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. -2-
2. THE COMMISSIONER KUMARA PARK WEST T CHOWDAIAH ROAD, BENGALURU - 560 020.
3. THE SPECIAL LAND ACQUISITION OFFICER
KUMARA PARK WEST, T CHOWDAIAH ROAD, BENGALURU - 560020 …RESPONDENTS (BY SRI. B.S. SACHIN., ADVOCATE FOR R2 & R3; SRI. HANUMANTHRAYA LAGALI, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CONSIDER REPRESENTATIONS SUBMITTED BY PETITIONERS EARLIER ON 27-12-2017, 9-11-2023 AND 03-02-2025, VIDE ANNEXURES G, H AND J REQUESTING TO DROP THE ACQUISITION PROCEEDINGS IN RESPECT OF LAND MEASURING 27 GUNTAS AND 26 GUNTAS, CARVED OUT OF 2 ACRES OF LAND IN SY NO 53/5P, KODIGEHALLI VILLAGE, YESHWANTHAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE BELONGING TO PETITIONERS 1 AND 2 RESPECTIVELY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
Learned counsel Sri.B.S.Sachin undertakes to appear for respondent-BDA.
2. Petition is filed seeking following reliefs:
a) To consider representations submitted by petitioners earlier on 27-12-2017, 9-11-2023 and 3-2-2025, vide Annexures G, H AND J requesting to drop the acquisition -3- proceedings in respect of land measuring 27 guntas and 26 guntas, carved out of 2 acres of land in Sy No 53/5P, Kodigehalli Village. Yeshwanthapura Hobli, Bangalore North Taluk, Bangalore belonging to petitioners 1 and 2 respectively and b) Direct the respondents to delete the lands of petitioners from acquisition in view of the direction of The Hon'ble Division Bench. c) Issue a Writ of prohibition restraining the respondents or any persons claiming under them from dispossessing the petitioners from their garden land and demolish the houses and destroy the garden land belonging to them.
3. Petitioner No.1 claiming to be owner of land measuring
27 guntas, petitioner No.2 claiming to be owner of land measuring 26 guntas out of 2 acres of land in Sy.No.53/5P, Kodigehalli, Yeshwanthpura Hobli, Bengaluru North Taluk having acquired the same in terms of registered deed of partition dated 05.10.2006.
4. The aforesaid land was acquired by respondent-BDA in
terms of notification dated 21.05.2008 and 18.02.2010. Petitioners had made representations seeking excluding their lands from acquisition as the said lands were the garden lands.
5. Learned counsel for petitioners at this juncture submit that the issue involved in this matter is covered by the
Judgment of the Division Bench in W.A.No.1783/2014 and
connected matters and if a direction is issued to respondent- -4- BDA to consider the case of the petitioners in the line of the
order passed by the Division Bench, purpose would be served.
Learned counsel for the respondent -BDA does not dispute the same. In that view of the matter, Writ petition is disposed of. Petitioners to make representation as directed in the
order passed by the Division Bench in W.A.No.1783/2014 and
connected matters within a period of fifteen days from the date of receipt of certified copy of this order. The Respondent-BDA to consider the same keeping in mind the observations/directions issued by the Division Bench. The Respondent-BDA shall not take any precipitative action till consideration of the representation of the petitioners. SD/- (M.G.S. KAMAL) JUDGE SBN List No.: 2 Sl No.: 1