IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANASWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR W.A. NO.1354 OF 2016 (LA – BDA) BETWEEN:
1. BANGALORE DEVELOPMENT AUTHORITY, BY ITS COMMISSIONER, KUMARA PARK WEST, T.CHOWDAIAH ROAD, BANGALORE – 560 020.
2. THE SPECIAL DEPUTY COMMISSIONER, FOR ACQUISITION, BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE – 560 020.
3. THE SPECIAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE – 560 020.
APPELLANTS 1 TO 3 ARE BEING THE DIFFERENT SECTION OF THE SAME AUTHORITY, ALL ARE REPRESENTED BY ITS ADDL. LAND ACQUISITION OFFICER. (BY SRI.K.KRISHNA, ADVOCATE) ... APPELLANTS AND:
1. SMT. AROGYAMMA, W/O LATE B.C.CHOWRAPPA, AGED ABOUT 73 YEARS, 2. SRI.RAPELA, S/O LATE B.C.CHOWRAPPA, AGED ABOUT 58 YEARS, BOTH ARE RESIDENT OF GANDHINAGAR LAYOUT, KENGERI UPANAGARA, BANGALORE.
REPRESENTED BY GPA HOLDER, SRI.R.S.MADHUKUMAR, S/O R.SHANKRAPPA, AGED ABOUT 30 YEARS, R/AT NO.31, KENCHANAHALLI, RAJARAJESHWARI NAGAR, BANGALORE – 560 098.
3. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, BANGALORE – 560 001.
(BY SMT. R.ANITHA, HCGP FOR R3;
…RESPONDENTS SRI. M.R.RAJAGOPAL, ADVOCATE FOR R1 & R2) *** THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 26558/2013 DATED 01.04.2016.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY P.S.DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT Heard.
2. This appeal is filed by the appellants-BDA against order dated 01.04.2016 passed by the Hon’ble Single Judge in W.P. No.26558/2013.
3. The learned Advocate for petitioners in the writ petition (respondent Nos.1 & 2 herein) have filed a Memo dated 11.02.2019 for withdrawal of the writ petition and IA No.1/2019 under Section 151 of Code of Civil Procedure, 1908, with a prayer to direct the BDA to extend the benefit of allotment of developed sites in the ratio of 40:60 as per the scheme in Nadaprabhu Kempegowda Layout.
4. As prayed for in IA No.1/2019 and Memo dated 11.02.2019, the petitioner is permitted to withdraw W.P.No.26558/2013 and it is accordingly dismissed as withdrawn reserving liberty to the writ petitioners to approach the appellant – Bangalore Development Authority for compensation or for land as provided under the scheme. Accordingly, IA No.1/2019 as well as Memo are allowed.
5. In the circumstances, the writ appeal is disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VK