IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2017 PRESENT THE HON’BLE MR.JUSTICE B.S.PATIL AND THE HON’BLE MR.JUSTICE ARAVIND KUMAR W.A.NO.1375/2016 (LA-BDA) BETWEEN 1. BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560020.
REP BY ITS COMMISSIONER.
2. THE SPECIAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560020.
APPELLANTS 1 & 2 ARE BEING THE DIFFERENT SECTION OF THE SAME AUTHORITY, BOTH ARE REP.BY THE ALAO. ... APPELLANTS (By Sri KANNUR G.S., ADV.) AND SMT.RAJALAKSHMI, AGED ABOUT 65 YEARS, S/O LATE V.VASANTHA KUMAR, R/AT NO.VASANTHAPURA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560 048. ... RESPONDENT (By Sri KRISHNA S.DIXIT, ADV. FOR Sri S.R.DODAWAD, ADV.) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 45465/2015 DATED 11/01/2016, AND ETC.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, B.S.PATIL J, DELIVERED THE FOLLOWING:-
JUDGMENT 1. This intra court appeal is directed against the order dated 11.01.2016 passed by the learned Single Judge in the batch of writ petitions by way of common order. Present appeal is directed against the order passed in W.P.No.45465/2015.
2. By the order under challenge learned Single Judge has issued a direction to BDA to consider the grievance made by writ petitioner keeping in mind the order passed in the case of DR. R. ARUNACHALAM VS BANGALORE DEVELOPMENT AUTHORITY in W.P.No.45695/2011 disposed of on 26.07.2012. Specific direction has been issued to consider the representation to be submitted by writ petitioner enclosing all supporting documents within two weeks from 11.01.2016.
3. In sum and substance, learned Single Judge has issued a direction either to allot alternate land in lieu of land belonging to respondent / writ petitioner utilised by BDA without resorting to acquisition proceedings or to pay compensation in lieu thereof after verifying the extent of land so utilised, by considering the representation to be submitted by petitioner in that connection.
4. At the outset learned counsel appearing for BDA – Sri G.S.Kannur submits that similar matters have been disposed of by a coordinate bench of this Court declining to interfere in the matter. Judgments passed in W.A.No.1380/2016 dated 10.08.2016 and W.A.Nos.1378/2016 & 3317/2016 dated 22.08.2016 are placed for perusal of this Court. We find from the said judgments passed in the writ appeals that this Court has declined to entertain similar matters. It is in this background, Sri G.S.Kannur, learned counsel for the BDA fairly submits that BDA will consider the representation submitted by respondents – landloser and pass appropriate orders in accordance with law in the light of the direction issued by the learned Single Judge within a period of three weeks from today.
5. Submission made on behalf of appellant – BDA is placed on record. Appeal is accordingly dismissed.
In the light of the above, I.A.1/2016 filed for condonation of delay of 64 days in filing the appeal is also dismissed.
Sd/- JUDGE Sd/- JUDGE VP