IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NOs.1323-1326 OF 2018 (LA - KIADB) BETWEEN:
1. SHRI. C.BHASKARAN, S/O LATE P.K.PANICKER, AGED 72 YEARS, RESIDING AT NO.153, 5TH CROSS, 1ST BLOCK, JAYANAGAR, BENGALURU – 560 011.
2. SHRI.C.PRAMOD, S/O SHRI.C.GOPALAN, AGED 42 YEARS, RESIDING AT NO.153, 5TH CROSS, 1ST BLOCK, JAYANAGAR, BENGALURU – 560 011.
3. SHRI.C.GOPALAN, S/O LATE P.K.PANICKER, AGED 74 YEARS, RESIDING AT NO.153, 5TH CROSS, 1ST BLOCK, JAYANAGAR, BENGALURU – 560 011.
4. M/S. GOPALAN FOUNDATIONS, A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT, AND HAVING ITS REGISTERED OFFICE AT NO.5, RICHMOND ROAD, BENGALURU – 560 025.
REPRESENTED BY ITS PRESIDENT, SHRI.C.GOPALAN.
... APPELLANTS (BY SRI.RAKESH B, FOR SRI.CHANDRAKANTH PATIL K., ADVOCATES) AND:
1. STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, COMMERCE & INDUSTRIES DEPARTMENT, VIKASA SOUDHA, DR.AMBEDKAR VEEDI, BENGALURU – 570 001.
2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER (CEO & EM), 4TH FLOOR, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU – 570 001.
3. THE SPECIAL LAND ACQUISITION OFFICER, KIADB (METRO), NO.14/3, ARAVINDA BHAVANA, NRUPATHUNGA ROAD, BENGALURU – 570 001.
4. BANGALORE METRO RAIL CORPORATION LIMITED, BY ITS MANAGING DIRECTOR, B.M.T.C. COMPLEX, 3RD FLOOR, K.H.ROAD, SHANTHINAGARA, BENGALURU – 570 027.
... RESPONDENTS (BY SRI. S.S.MAHENDRA, AGA FOR R1; SRI.ASHOK N NAYAK, ADVOCATE FOR R2 & R3;SRI.S.S.NAGANAND, SR.
ADVOCATE FOR SRI.HARISH N.N., ADVOCATE FOR R4) *** THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 16.04.2018 PASSED BY THE LEARNED SINGLE JUDGE IN WP 38292-295/2017 VACATING THE INTERIM ORDER DATED 5/9/2017.
THESE WRIT APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR, J., DELIVERED THE FOLLOWING:
JUDGMENT Petitioners are the land owners. Their lands were acquired by the BMRCL (Bengaluru Metro Rail Corporation Limited) – respondent No.4. The said Corporation offered Rs.146.62 Crores as compensation. The acquisition proceedings were challenged before the Hon’ble Single Judge. Initially, there was an interim order granted by order dated 16.11.2018. The said interim order has been vacated and the matter was listed for final hearing in June 2018. This appeal is filed challenging the order passed by the Hon’ble Single Judge vacating the interim order.
2. Having heard the learned Advocate for appellant and Sri Nagananda, learned Senior Advocate appearing for the respondent - Corporation, we are of the view that ends of justice would be met if we request Hon’ble Single Judge to expedite the hearing of the writ petition.
3. Accordingly, we dispose of this appeal with a request to the Hon’ble Single Judge to consider hearing of the writ petition.
All IAs are disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VK