IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.15206/2019 (LA - BDA) AND WRIT PETITION NO.18927/2019 BETWEEN FAR EAST BROAD CASTING ASSOCIATES OF INDIA, A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, HAVING ITS REGISTERED OFFICE AT NO.1, COMMISSARAT ROAD, BENGALURU – 560 025, PRESENTLY AT 15/B, THAMBUCHETTY ROAD, COX TOWN, BENGALURU – 560 005. REPRESENTED BY ITS PA HOLDER, A.G.ASHOK.
(BY SRI. T.P.MUTHANNA, ADV.) AND 1. STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, VIKASA SOUDHA, ... PETITIONER BENGALURU – 560 001.
2. BENGALURU DEVELOPMENT AUTHORITY, BY ITS COMMISSIONER, K.P.WEST EXTENSION, BENGALURU – 560 020.
3. LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, K.P.WEST EXTENSION, BENGALURU – 560 020.
…RESPONDENTS (BY SRI.E.S.INDIRESH, AGA FOR R1; SRI.SRIKANTH N.V., ADV., FOR SRI. B.S.SACHIN, ADV., FOR R2 AND R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO WITHDRAW FROM ACQUISITION OF THE SCHEDULE PROPERTY AND PERMIT R-2 TO REGULARIZE THE STRUCTURES/BUILDINGS CONSTRUCTED ON 1 ACRE 27 GUNTAS OF LAND IN SY.NO.37/1 AND 38/2 AS SOUGHT BY R-2 VIDE THEIR LETTER DATED 16.05.2017 ANNEXURE – A AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri T.P. Muthanna, learned counsel for the petitioner.
Sri E.S.Indiresh, learned Additional Government Advocate for respondent No.1.
Sri Srikanth N.V., learned counsel for Sri B.S.Sachin, learned counsel for respondent Nos.2 and 3.
The petitions are admitted for hearing. With the consent of the parties, they are heard finally.
2. In these petitions, the petitioner inter alia has prayed for the following reliefs:
“a) Issue a writ in the nature of mandamus directing Respondent No.1 to withdraw from acquisition of the schedule property and permit Respondent No.2 to regularize the structures/buildings constructed on 1 acre 27 guntas of land in Sy. Nos.37/1 & 38/2 as sought by Respondent No.2 vide their letter dated 16.05.2017, Annexure – A.
b) And grant such other relief or reliefs as this Hon’ble Court may deem fit & proper on the facts and circumstances of the case in the interest of justice and equity.”
3. When the matters are taken up today, learned counsel for the petitioner submitted that the writ petitions be disposed of with a direction to respondent No.1 to consider and decide the representation made by the petitioner with regard to the releasing the land from acquisition in a time bound manner.
4. Learned Additional Government Advocate for respondent No.1 submits that suitable action will be taken in accordance with law.
5. In view of the aforesaid submissions and in the facts and circumstances of the case, these writ petitions are disposed of with direction to the competent authority of respondent No.1 to consider and decide the claim of the petitioner at Annexure ‘A’ in accordance with law by a speaking order within two months from the date of the receipt of the certified copy of the order passed today. ner.
6. It is made clear that no opinion is made on the merits of the case. Accordingly, writ petitions are disposed of.
Sd/- JUDGE nvj