IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 27th DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE S.G. PANDIT WRIT APPEAL NOS.1983 - 1985 OF 2014 (LA-BDA) BETWEEN:
1. BANGALORE DEVELOPMENT AUTHORITY BY ITS COMMISSIONER KUMARA PARK WEST T. CHOWDAIAH ROAD BENGALURU - 560 020.
2. THE ADDITIONAL LAND ACQUISITON OFFICER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU - 560 020.
APPELLANTS 1 AND 2 ARE THE DIFFERENT SECTION OF THE SAME AUTHORITY, BOTH ARE REPRESENTED BY ITS ADDITIONAL LAND ACQUISITION OFFICER.
... APPELLANTS (BY SRI. K. KRISHNA, ADVOCATE) AND:
1. N. EERE GOWDA AGED ABOUT 65 YEARS 2. SHIVALINGE GOWDA AGED ABOUT 62 YEARS 3. M. PUTTASWAMY GOWDA AGED ABOUT 57 YEARS 4. M. SHIVANNA AGED ABOUT 54 YEARS RESPONDENT 1-4 ARE SONS OF LATE MUNIVEERE GOWDA AND RESIDING IN SY. NOS. 155, 156 AND 157 KOMMAGHATTA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK – 560 060.
5. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT M.S. BUILDINGS BENGALULRU - 560 001.
... RESPONDENTS (BY SRI. R. ANIL KUMAR FOR RESPONDENT NOS.1 TO 3; SRI. C.M. NAGABUSHANA, ADVOCATE AND SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR RESPONDENT NO.4 – ABSENT;) SRI. LAXMINARAYANA, ADDITIONAL GOVERNEMNT ADVOCATE FOR RESPONDENT NO.5) THESE APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NOS.9839-41 OF 2010 DATED 11/7/2014.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT A joint memo dated 14.03.2019 has been filed, which is signed by the appellants and respondent Nos.1, 2 and 3 as well as their respective learned counsels. The Additional Special Land Acquisition Officer has also singed the same.
2. In terms of the joint memo, respondent Nos.1, 2 and 3 are entitled to the sites in the ratio of 40:60 in terms of the order of the Land Acquisition Officer, Bengaluru Development Authority. Further, the registration of the sites has to be done within a period of two weeks from the date of this order.
3. Under this circumstance, the joint memo is accepted. The appeals are accordingly disposed off insofar as respondent Nos.1, 2 and 3 are concerned. This order would not affect the right, title and interest insofar as respondent No.4 is concerned.
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JUDGE JUDGE SA