Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 12095 OF 2025 (LA-BDA) BETWEEN:
1. K SRINIVAS S/O LATE KALAIAH AGED ABOUT 46 YEARS, N/O. 29, 11TH MAIN ROAD, 50 FEET ROAD, RAGHAVENDRA BLOCK, SRINAGAR, BANGALORE-560050.
2. BHASKAR,
S/O LATE REVANNA, AGED ABOUT 46 YEARS, R/O NO.82, 10TH CROSS, 2ND MAIN ROAD, NANJAMBHA AGRAHARA, Digitally signed CHAMARAJAPETE, BANGALORE-560018. by JUANITA THEJESWINI
3. S.N. MANU, Location: HIGH COURT OF S/O K. NARASAIAH, KARNATAKA AGED ABOUT 31 YEARS, R/O NO.23, 1ST CROSS, 1ST MAIN ROAD, OPP ASHWINI SCHOOL, LAGGERE, BHYRAVESWARANAGARA, BANGALORE-560058
4. SMT. ARPITHA.C W/O S.N.MAHESH, AGED ABOUT 31 YEARS, NO.23, 1ST CROSS, 1ST MAIN ROAD, -2- OPP ASHWINI SCHOOL, LAGGERE, BHYRAVESWARANAGARA, BANGALORE-560058.
5. UMESH, S/O LATE KITTAPPA, AGED ABOUT 61 YEARS, R/O NO.14/1, KANNALLI VILLAGE, YESHWANTHPUR HOBLI, KODIGEHALLI POST, BANGALORE-560 091.
6. CHETAN.U. S/O UMESH, AGED ABOUT 36 YEARS, R/O NO.200/134, NEAR BUS STOP, KANNALLI VILLAGE, YESHWANTHPUR HOBLI, KODIGEHALLI POST, BANGALORE-560 091.
7. SMT. KANNAGI, W/O KUMAR, AGED ABOUT 59 YEARS, R/O NO.312, BHUVANESWARI NAGARA, BANGALORE-560056.
8. SMT. H.M. GEETHA, W/O P.K. SURESH, AGED ABOUT 41 YEARS, R/O PURA VILLAGE, KODAVATHI POST, HULIYURUDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT.
9. SMT. GNANESWARI, W/O P.RAVI, AGED ABOUT 40 YEARS, NO.15, 5TH CROSS, 1ST B-MAIN ROAD, CAUVERY LAYOUT, BANGALORE-560072. -3-
10. KAMARAJ RAJI, S/O RAJI, AGED ABOUT 46 YEARS, R/O SY. NO.17, 4TH BLOCK, SONNENAHALLI, MARUTHI NAGARA, SIR M.V. EXTENSION, KENGERI HOBLI, BANGALORE-560 010.
11. SMT. V. LAKSHMI DEVARAJ,
W/O H. DEVARAJ, AGED ABOUT 36 YEARS, R/O NO.28, 1ST MAIN ROAD, SRISHAILA NAGARA, PATTEGARA PALYA, BEHIND SHK KALYANA MANTAPA, BASAVESWARA NAGAR, BANGALORE-560 079.
12. RANGEESHA.M. S/O MANGENATIRANI.R. AGED ABOUT 30 YEARS, R/O NO. 3/563, KODIYUR VILLAGE BATLAPALLI POST, BARAGUR TALUK, KRISHNAGIRI DISTRICT-635104.
13. SMT.GNANASUNDARI, W/O KAMARAJ, AGED ABOUT 43 YEARS, R/O SY. NO. 17, 4TH BLOCK, SONNENAHALLI, MARUTHI NAGARA, SIR M.V. EXTENSION, KENGERI HOBLI, BANGALORE-560 010.
14. SMT. AMBIKA, W/O PERIYASWAMY, AGED ABOUT 44 YEARS, -4- R/O SY. NO. 17, 4TH BLOCK, SONNENAHALLI, MARUTHINAGARA, SIR M.V. EXTENSION, KENGERI HOBLI, BANGALORE-560 010.
15. M. MUNIYAPPA, S/O LATE MUNIVENKATAPPA, AGED ABOUT 75 YEARS, NO. 27, 12TH MAIN ROAD, RAGHAVENDRA BLOCK, SRINAGAR, BANGALORE-560050.
16. SMT. NAGARATHNA.K.N. W/O S.B. LOKESH, AGED ABOUT 35 YEARS, R/O NO.161, SY. NO.9, III STAGE, 17TH CROSS ROAD, SONNENAHALLI, MARUTHI NAGARA, BANGALORE-560 056.
17. RAJU S/O CHIKKALINGAIAH, AGED 42 YEARS HOUSE NO. 140, SRINAGAR, KALAPPA BLOCK, BANGALORE-560050 …PETITIONERS (BY SRI. ASWATHANARAYAN S.N., SR. COUNSEL FOR SRI. SUDHINDRA S A., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, HOUSING AND URBAN DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560001. -5-
2. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, BANGALORE-560020
3. THE SPECIAL LAND ACQUISITION OFFICER,
BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, BANGALORE-56020 …RESPONDENTS (BY SRI.SPOORTHY HEGDE.N., HCGP FOR R1 SRI. K.KRISHNA., ADVOCATE FOR R2 & R3) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACQUISITION PROCEEDINGS INITIATED AS PER THE PRELIMINARY NOTIFICATION DT. 21-5-2008 VIDE ANNEXURE- E AND THE FINAL NOTIFICATION DATED 18-2-2010 VIDE ANNEXURE-E1 ISSUED BY THE BANGALORE DEVELOPMENT AUTHORITY IN RESPECT OF LAND IN SY. NO.94 OF KANNALLI VILLAGE, KODIGEHALLI PANCHAYATH, YESHWANATHPUR HOBLI, BANGALORE NORTH TALUK, MEASURING 2 ACRES AS LAPSED AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
-6- CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Learned counsel for the petitioners submits that under similar circumstances this Court has disposed of the writ petition in W.P.No.34198/2024 on 18.12.2024, while noticing the order passed by the Division Bench in W.A.No.1783/2014 and connected appeals disposed of on 22.02.2024. Learned counsel prays for similar orders.
2. Accordingly, in terms of the orders passed in W.P.No.34198/2024, the writ petition stands disposed of in the following terms:
"6. Following the declaration of law made by this court in the said writ appeals, the respondent-Bangalore Development Authority is directed to consider the case of the petitioner in accordance with law. It is to be noted that, as the petitioner has already approached respondent-Bangalore Development Authority by making representation during the year 2010 and as the said representation are made earlier, it is open for the petitioner to make one more -7-
representation to the respondent-Bangalore Development Authority within two weeks from
the date of receipt of certified copy of this order
and if such representation is made by the petitioner to the respondent-Bangalore Development Authority, the same shall be considered by the respondent-Bangalore Development Authority within an outer limit of
four months, thereafter, in the light of the order
dated 22.02.2024 passed in W.A.No.1783/ 2014 and connected writ appeals. Till the consideration of the representation that may be made by the petitioner as stated above, no coercive steps shall be taken against the petitioner. Accordingly, the writ petition is disposed of." Sd/- (R DEVDAS) JUDGE KLY CT: JL