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Smt Jayamma D/O Venkataramanappa And Others vs The Commissioner Bruhat Bangalore And Others

High Court Of Karnataka|05 August, 2019
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JUDGMENT / ORDER

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION Nos.25898-26035/2019(LB-BMP) BETWEEN:
1. SMT JAYAMMA D/O VENKATARAMANAPPA AGED ABOUT 68 YEARS NO.1815, 2ND G M CROSS 18TH MAIN ROAD, 9TH BLOCK JAYANAGAR, BANGALORE 560 041.
2. SMT. RUKMINI W/O GANESH AGED ABOUT 61 YEARS NO.1837/8, 18TH MAIN ROAD 9TH BLOCK, JAYANAGAR BANGALORE 560 69.
3. SRI. RAJENDRA S/O LINGEOGWDA AGED ABOUT 66 YEARS NO.72, 1ST MAIN ROAD 3RD CROSS, 6TH BLOCK 3RD STAGE, BANASHANKARI BANGALORE 560 085.
4. SRI. G. KRISHNA S/O GUNDAPPA AGED ABOUT 63 YEARS NO.91, 21ST MAIN ROAD 1ST B CROSS, MARENAHALLI J.P. NAGAR, BANGALORE 560 078.
5. SMT. RATHNAMMA D/O LATE SHIVANNA AGED ABOUT 55 YEARS NO.27, BILEKAHALLI BANNERGHATTA MAIN ROAD BANGALORE 560 076.
6. SRI. MAHALINGESHWARA S/O LATE. NAGARAJU AGED ABOUT 28 YEARS NO.40/3, SWAGATH TALKIES TILAKNAGAR SLUM, JAYANAGAR BANGALORE 560 041.
7. SMT. BHAGYALAKSHMAMMA D/O LINGAMMA AGED ABOUT 63 YEARS NO.41/1, YALLAPPA ROAD MAVALLI, JAYANAGAR BANGALORE 560 004.
8. SMT. ARUNA KUMARI D/O LATE. MUNIYAPPA AGED ABOUT 55 YEARS NO.202/A, 6TH BLOCK JAYANAGAR, BANGALORE 560 082.
9. SRI. HANUMANTHAIAH S/O LATE. NARASIMHAIAH AGED ABOUT 64 YEARS NO.197, TAVAREKERE MAGADI MAIN ROAD PANCHAMUKHI GANAPATHI COLONY BANGALORE 560 030.
10. SMT LEELA W/O TANARAM AGED ABOUT 63 YEARS NO.1837, 18TH MAIN ROAD JAYANAGAR 9TH BLOCK BANGALORE-560069.
11. SRI A V CHIKKARAJU S/O VEERABHADREGOWDA AGED ABOUT 58 YEARS NO.528, CORPORATION COLONY 9TH BLOCK, JAYANAGAR BANGALORE-560041 12. SRI B BASAVARAJU S/O VIRATHAYYA AGED ABOUT 58 YEARS NO.184, SARABANDEPALYA KANAKAPURA ROAD BANASHANKARI BANGALORE-560082 13. SRI B N KRISHNAMURTHY S/O SUBRAMANI AGED ABOUT 77 YEARS C/O NO.266/B, 5TH C CROSS 4TH MAIN ROAD, HAL 3RD STAGE BANGALORE-560075 14. SRI KRISHNAMURTHY S/O PUTTALINGAIAH AGED ABOUT 84 YEARS NO.525, CP COLONY 9TH BLOCK, JAYANAGAR BANGALORE-560069 15. SMT B. KALA W/O BALARAJ AGED ABOUT 61 YEARS NO.47, INDIRAPRIYA COLONY KODI CHIKKANAHALLI GD MARA SLUM, BTM 2ND STAGE BANGALORE-560076 16. SMT RAMADEVI D/O M NAGABHUSHAN AGED ABOUT 60 YEARS NO.5/4, 2ND MAIN ROAD PUTTAIANAPALYA, JAYANAGAR BANGALORE-560069 17. SMT RENUKAMMA W/O GUTHYAPPA AGED ABOUT 59 YEARS NO.77, BILIKI, SHANKARAGHATTA POST BHADRAVATI TALUK SHIMOGA DISTRICT 18. SRI SHIVANANJAIAH S/O NANJAPPA AGED ABOUT 60 YEARS NO.108, ATTIGUPPE VILLAGE MARALAVADI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT 19. SRI PALANIYAPPA S/O SUBBAIAH AGED ABOUT 70 YEARS NO.12, 2ND MAIN ROAD 4TH CROSS, NEAR SHANESHWARA TEMPLE KODI CHIKKANAHALLI BANGALORE SOUTH BANGALORE-560068 20. SMT KAVERAMMA W/O VENKATAPPA AGED ABOUT 68 YEARS NO.89, 21ST MAIN ROAD 20TH A CROSS, MARENAHALLI J P NAGAR 2ND PHASE BANGALORE-560078 21. SRI V SURESH S/O LATE KRISHNAMURTHY AGED ABOUT 38 YEARS NO.217, MARENAHALLI, 2ND STAGE J P NAGAR, BANGALORE-560078 22. SMT JAYAMMA W/O KRISHNAPPA AGED ABOUT 67 YEARS NO.7/6, IST CROSS, BHAIRASANDRA IST BLOCK, JAYANAGAR BANGALORE-560041 23. SMT REVATHI N KUMAR D/O LATE SAROJAMMA AGED ABOUT 35 YEARS NO.909, 28TH MAIN ROAD 9TH BLOCK, JAYANAGARA BANGALORE-560069 24. SRI DURGABHASKAR PATAK S/O ANANTH PATAK AGED ABOUT 59 YEARS NO.6, 1ST CROSS GAVIPURAM EXTENSION BASAVANAGUDI, BANGALORE-560019 25. SMT PUTTATAYAMMA W/O ADIMURTHY AGED ABOUT 69 YEARS NO.91/16, KABIR MUTT ROAD HANUMANTHANAGARA BANGALORE-560019 26. SMT PUSHPA D/O LATE KRISHNAPPA AGED ABOUT 40 YEARS NO.716/57, 28TH A MAIN ROAD 30TH A CROSS, TILAKNAGAR JAYANAGAR, BANGALORE-560041 27. SMT MUNIYAMMA W/O MUNISWAMAPPA AGED ABOUT 69 YEARS JIGANI, ANEKAL TALUK BANGALORE URBAN DISTRICT-562131 28. SRI VENKATESH S/O THIMMAIAHA AGED ABOUT 60 YEARS NO.14, 6TH CROSS YALACHENAHALLI, KANAKANAGARA KANAKAPURA MAIN ROAD BANGALORE-560078 29. SRI M CHANNAPPA S/O MAYAPPA AGED ABOUT 69 YEARS NO.312, NARASIMHA NILAYA 35TH MAIN ROAD, 8TH CROSS 6TH STAGE, J P NAGAR BANGALORE-560078 30. SRI CHOWDAIAH S/O CHOWDAIAH AGED ABOUT 68 YEARS NO 120/7 24TH CROSS 3RD MAIN ROAD, 6TH BLOCK JAYANAGARA BANGALORE - 560042 31. SRI S CHANDRAMOULI S/O S VARADARAJU AGED ABOUT 62 YEARS NO 5/4 1ST FLOOR 2ND MAIN, PUTTAYYANA PALYA 9TH BLOCK, JAYANAGARA BANGALORE - 560069 32. SRI SUBRAMANI S/O KUPPASWAMY AGED ABOUT 59 YEARS NO 41, 7TH MAIN ROAD 2ND CROSS, 2ND STAGE J P NAGAR BANGALORE - 560078 33. SRI SAMPANGIRAMASWAMY S/O LATE. THAMMAYAPPA AGED ABOUT 70 YEARS NO 228, 22ND CROSS 6TH STAGE JAYANAGAR BANGALORE - 560011 34. SRI RAMASWAMY S/O RAMAIAH AGED ABOUT 58 YEARS NO 87, 4TH CROSS, G ROAD CHANNAKKI PALYA, KAMAKSHI PALYA BANGALORE - 560079 35. SMT M M RANI D/O KAVERAPPA AGED ABOUT 62 YEARS NO 23/15, 2ND B CROSS HAL 2ND STAGE, INDIRANAGARA BANGALORE - 560038 36. SRI KARIYAPPA S/O KABBALEGOWDA AGED ABOUT 73 YEARS NO 13/1 CHIKKASOWDEHALLI KANAKAPURA TLAUK RAMANAGARA DISTRICT.
37. SRI MUNIKRISHNA S/O CHANAGALRAYAPPA AGED ABOUT 70 YEARS NO 1815,18TH MAIN ROAD 4TH T BLOCK, JAYANAGARA BANGALORE – 560041.
38. SRI T VENKATARAMANAPPA S/O THIMMARAYAPPA AGED ABOUT 75 YEARS NO 296, 1ST CROSS ANJANEYA TEMPLE ROAD YADIYUR, 6TH STAGE JAYANAGARA BANGALORE – 560082.
39. SMT MUNIYAMMA S/O LATE CHANNAPPA AGED ABOUT 73 YEARS NO 30, SWAGATH COLONY TILAK NAGAR, JAYANAGARA BANGALORE - 560041 40. SRI PRASANNA KUMAR S/O NARAYANA AGED ABOUT 58 YEARS NO 877, 1ST E MAIN ROAD 2ND STAGE GIRINAGARA BANGALORE - 560085 41. SRI MUNISWAMY S/O DODDAVENKATAPPA AGED ABOUT 62 YEARS NO 39, SWAGATH COLONY TILAKNAGAR, BANGALORE - 560041 42. SMT DODDAMMA W/O SAMPANGI AGED ABOUT 70 YEARS NO 249/112, MARENAHALLI 2ND STAGE, J P NAGAR BANGALORE - 560078 43. SRI G THIMMAIAH S/O GUJJAIAH AGED ABOUT 70 YEARS NO 60/A, 2ND STAGE 12TH BLOCK NAGARABHAVI BANGALORE - 560072 44. SRI LAKSHMAMMA W/O PAPANNA AGED ABOUT 62 YEARS NO 22, SHAMBHU PALYA MARENAHALLI, J P NAGAR BANGALORE - 560078 45. SRI M BALAN S/O MUNIYAN AGED ABOUT 60 YEARS NO 21, KODICHIKKANAHALLI BILEKAHALLI MAIN ROAD IIM POST, BANNERGHATTA RAOD BANGALORE - 560076 46. SRI JAYAMMA W/O RAMANNA AGED ABOUT 69 YEARS NO 1719, 40 TH CROSS 17TH MAIN ROAD, 4TH T BLOCK JAYANAGAR, BANGALORE - 560041 47. SMT ALUMELAMMA D/O H NARASIMHAIAH AGED ABOUT 30 YEARS NO 49, 14TH CROSS MARENAHALLI 9TH BLOCK JAYANAGARA BANGALORE - 560069 48. SMT DHANALAKSHMI W/O G KRISHNA AGED ABOUT 58 YEARS NO 109, 21ST MAIN ROAD MARENAHALLI, J PNAGAR 2ND STAGE, BANGALORE - 560078 49. SRI N NARASIMHAMURTHY S/O S NARASIMAIAH AGED ABOUT 48 YEARS NO 9, ANCHEPALYA KANAKAPURA TALUK RAMANAGARA DISTRICT 50. SRI B R SRIDHARMURTHY S/O RAMACHANDRA AGED ABOUT 70 YEARS NO 147, 2ND CROSS OM SHAKTHI LAYOUT T C PALYA, K R PURAM BANGALORE - 560036 51. SRI BASAVARAJU S/O GANGADHAR AGED ABOUT 59 YEARS NO. 909 28TH MAIN ROAD 9TH BLOCK, JAYANAGARA BANGALORE - 560041 52. SRI B SINGAREDDY S/O LATE. SIDDAREDDY AGED ABOUT 68 YEARS NO 646, 5TH MAIN ROAD BHUVANESHWARI NAGARA BANGALORE - 560085 53. SRI DEVEGOWDA S/O MARISWAMY GOWDA AGED ABOUT 65 YEARS NO 1492, 2ND MAIN ROAD MUNESHWARA BLOCK AVALAHALLI, BANGALORE - 560019 54. SRI GANGARAJU S/O VENKATARAYAPPA AGED ABOUT 59 YEARS NO 65, AVALAHALLI VILLAGE BANGALORE SOUTH BANGALORE 55. SRI V LAKSHMAMMA W/O S PALANIYAPPA AGED ABOUT 59 YEARS NO 116/79, 1ST CROSS NEHRU COLONY, BSK 2ND STAGE YARAB NAGAR, BANGALORE - 560070 56. SRI MAHABALESHWARA BHAT S/O GANAPAATHI BHAT AGED ABOUT 59 YEARS NO 359/A, 10TH MAIN ROAD 2ND CROSS, HANUMANTHANAGARA BANGALORE – 560019.
57. SRI B. M. KRISHNAMURTHY S/O S.R. MUNIYAPPA AGED ABOUT 58 YEARS NO 502, 7TH MAIN ROAD HANUMANTHANAGARA BANGALORE – 560019.
58. SMT VARADAMMA W/O K M RANGAPPA AGED ABOUT 70 YEARS NO 2/82, 2ND CROSS 2ND BLOCK JAYAANAGAR BANGALORE- 560041 59. SRI P U NAGESH S/O GOWARAMMA AGED ABOUT 70 YEARS NO 1071, 8TH CROSS BSK 1ST STAGE, ASHOKANAGAR BANGALORE – 560 050.
60. SMT. T. SHARADAMMA W/O M D MUDDURANGAPPA AGED ABOUT 61 YEARS NO 1071, 8TH CROSS BSK 1ST STAGE, ASHOKANAGAR BANGALORE – 560050.
61. SRI ARAVINDA S/O CHINNATHAMBI AGED ABOUT 63 YEARS NO 1003, 3RD CROSS 3RD MAIN ROAD SHANTAVERI GOPALAGOWDA NAGARA HUCCHHAPPA LAYOUT MUDALAPALYA, BANGALORE – 560 072.
62. SMT INDRAMMA D/O MUNIVENKATAPPA AGED ABOUT 70 YEARS NO 171/A, 2ND CROSS SHIVASHANKARA BLOCK HEBBALA BANGALORE – 560 024.
63. SRI G JAYARAMAN S/O GIDDA GURRAPPA AGED ABOUT 75 YEARS NO 1337, 5TH CROSS N R COLONY, ASHOKANAGARA BSK 1ST STAGE, BANGALORE – 560050.
64. SRI R GOPI S/O MUNITHAYAMMA AGED ABOUT 48 YEARS NO.24, 2ND MAIN ROAD K G NAGAR, BANGALORE – 560019.
65. SRI MAYAKRISHNA REDDY S/O MUNISWAMY REDDY AGED ABOUT 77 YEARS NO 1669, 41ST CROSS 18TH MAIN ROAD, 4TH T BLOCK JAYANAGARA BANGALORE - 560041 66. SRI RAVIKUMARA S/O KRISHNAPPA AGED ABOUT 63 YEARS NO 528, C P COLONY 9TH CROSS, JAYANAGARA BANGALORE – 560 069.
67. SRI MUNIYALLAPPA S/O RAMAIAH AGED ABOUT 58 YEARS NO 745, 10TH CROSS CHANNAKESHAVANAGARA BANGALORE – 560100.
68. SMT THIMMAKKA W/O BASAVAIAH AGED ABOUT 68 YEARS No. 577, 3RD STAGE 4TH BLOCK, WC ROAD BASAVESHWARANAGARA BANGALORE – 560079.
69. SRI N E BASAVARAJU S/O ESHWARAPPA AGED ABOUT 63 YEARS NO.35, 4TH CROSS CAUVERY LAYOUT AMARAJYOTHI NAGARA NAGARABHAVI, BANGALORE - 560079 70. SRI. SANGHADA MANE NO.909, 28TH MAIN ROAD 9TH BLOCK JAYANAGARA BANGALORE – 560069.
71. SRI.M. NARASIMHAIAH S/O MUNIVENKATAPPA AGED ABOUT 60 YEARS NO. E/19, 19TH CROSS M S PALYA, BANGALORE – 560078.
72. SRI.Y.RAMAIAH S/O YELLAPPA NO.745, 1ST C CROSS CHANNAKESHAVANAGARA CENTRAL JAIL ROAD HOSUR MAIN ROAD BANGALORE-560 100.
73. SUBBALAKSHMI W/O H.R.NARENDRANATH AGED ABOUT 72 YEARS NO.7, AJJAYYAPPA COMPOUND VITTALANGARA, BANGALORE-560 027.
74. SRI.M.MEENAKSHI D/O OMKARAPPA AGED ABOUT 59 YEARS NO.12, 4TH CROSS, MARIAYYAPPA PALYA BANGALORE-560 023.
75. SMT.SUGANDHAMMA D/O BHARAMAPPA AGED ABOUT 73 YEARS NALLAPPA COMPOUND, PUTTENAHALLI, 7TH STAGE J.P.NAGAR, BANGALORE-560 078.
76. SMT.NANJAMMA D/O HONNAIAH THIMMAIAH AGED ABOUT 63 YEARS NO.462, 16TH CROSS J.P.NAGAR 4TH STAGE BANGALORE-560 078.
77. SMT.NAGARATHNA D/O NAGABHUSHANA AGED ABOUT 59 YEARS NO.12, 4TH CROSS MARIYAPPANA PALYA BANGALORE-560 023.
78. SMT.PRABHAVATHI D/O NARASAPPA AGED ABOUT 59 YEARS NO.909 28TH MAIN ROAD 9TH BLOCK, JAYANAGAR BANGALORE-560 069.
79. SRI.R.RAMESH S/O R.RANGASWAMY AGED ABOUT 58 YEARS NO.205, C.J.VENKATESH DAS ROAD 9TH CROSS, PADMANABHAGANAGARA BANGALORE-560 070.
80. SMT.SHANTHAMMA D/O HUCCHAPPA AGED ABOUT 62 YEARS NO.DEVACHIKKANAHALLI MAIN ROAD BANNERGHATTA ROAD BANGALORE-560 076.
81. SRI.M.KUBERA S/O KRISHNAPPA AGED ABOUT 62 YEARS NO.63, 6TH CROSS 16TH MAIN ROAD B.T.M. 2ND STAGE BANGALORE-560 076.
82. SMT.KAMALA BAI W/O PANDURANGA AGED ABOUT 72 YEARS NO.5, AREHALLI, 1ST CROSS 4TH MAIN ROAD, AGS LAYOUT BANGALORE-560 061.
83. SMT.ARATHI W/O BASAVARAJU AGED ABOUT 59 YEARS NO.909, 28TH MAIN ROAD 9TH BLOCK, JAYANAGARA BANGALORE-560 069.
84. SRI.KOUSHIK PRASHANTH S/O GOWRAMMA AGED ABOUT 30 YEARS NO.574, 9TH MAIN ROAD MC LAYOUT, VIJAYANAGAR BANGALORE-560 040.
85. SMT.P.U.NIRMALA W/O PRASHANTH BABU AGED ABOUT 60 YEARS NO.529/A, 9TH MAIN ROAD MC LAYOUT, VIJAYANAGAR BANGALORE-560 040.
86. SMT.LAKSHMAMMA W/O NARASIMHAIAH AGED ABOUT 72 YEARS NO.95, 1ST CROSS PUTTENAHALLI, BANGALORE-560076.
87. SMT.V.LAKSHMI W/O SHIVARUDRA AGED ABOUT 73 YEARS NO.6/92, 9TH CROSS J.P.NAGAR, 1ST STAGE SARAKKI GATE, BANGALORE-560 078.
88. SMT.SHARADAMMA W/O MUNIYAPPA AGED ABOUT 69 YEARS NO.17, HANKANAPALYA, SOLURU MAGADI TALUK, BANGALORE-562 127 89. SMT.M.CHANNAMMA D/O MUNIYAPPA AGED ABOUT 69 YEARS NO.855, 6TH MAIN ROAD 10TH CROSS, BTM 2ND BLOCK BANGALORE-560 076.
90. SMT.K.S.TULASIDEVI W/O DWARAKANATH AGED ABOUT 66 YEARS NO.555, 17TH MAIN ROAD 1ST CROSS, BANK COLONY BANGALORE-560 050.
91. SMT.N.LATHA D/O KALYAMURTHY AGED ABOUT 65 YEARS NO.73, ABBAYYAPPA ROAD DODDA MAVALI PARVATHI PURA MAIN ROAD BASAVANAGUDI, BANGALORE-560 004.
92. SMT. SUCHITRA W/O. HARISH AGED ABOUT 61 YEARS NO. 3/2, RAM MANDIR ROAD BASAVANAGUDI, BANGALORE 560004.
93. SMT. P NAGARATHNA D/O. PAPAREDDY AGED ABOUT 60 YEARS NO. 17, 12TH MAIN ROAD 12TH CROSS, 2ND STAGE VENKATESHWARA LAYOUT BANGALORE 560034.
94. SMT. HOMBALAMMA D/O. MUTHAIAH AGED ABOUT 64 YEARS NO. 499, 8TH-B-MAIN ROAD 4TH BLOCK, KORAMANGALA BANGALORE 560034.
95. SMT. R. KASTHURI D/O. BALAPPA AGED ABOUT 63 YEARS NO. 719/14, 72ND CROSS 5TH BLOCK, RAJAJINAGAR BANGALORE 560010.
96. SMT. MAHADEVAMMA W/O. MAHADEVAIAH AGED ABOUT 63 YEARS NO. 27, SHAKAMBARI NAGARA KANAKAPURA MAIN ROAD BANASHANKARI, BANGALORE-560078.
97. SRI SHIVARUDRAIAH S/O LATE VEERABHADREGOWDA AGED ABOUT 53 YEARS NO.115, KAGGALIPURA VILLAGE AGARA, BENGALORE.
98. SMT RENUKA D/O SHIVARUDRA AGED ABOUT 58 YEARS NO.2348, SANJEEVANAGARA MAIN ROAD SAHAKARANAGARA POST. BENGALORE 560092.
99. SMT GOWARAMMA D/O KARIYAPPA AGED ABOUT 58 YEARS NO.528, CORPORATION COLONY 27TH MAIN ROAD 9TH BLOCK, JAYANAGARA BENGALORE 560069.
100. SRI HOMBALAIAH S/O C KARIYAPPA AGED ABOUT 59 YEARS NO.312, 4TH MAIN ROAD ARAKERE, BANNERGHATTA ROAD BANGALORE 560076.
101. SRI DINESH AGED ABOUT 42 YEARS S/O VAJRAMMA NO.165, MARENAHALLI J P NAGAR, 2ND STAGE BENGALORE 560078.
102. SMT INDIRAMMA AGED ABOUT 58 YEARS D/O CHIKKAMMA NO.165, MARENAHALLI J P NAGAR, 2ND STAGE BANGALORE 560078.
103. SRI ARASAIAH S/O GANGARASAIAH AGED ABOUT 59 YEARS NO.1706/1, 41ST CROSS 18TH MAIN ROAD, 4TH BLOCK JAYANAGARA, BANGALORE-560 041 104. SRI. MUNIYALLAPPA S/O. YELALLAPPA AGED ABOUT 60 YEARS NO. 1774, 18TH "B" MAIN ROAD GRAPE GARDEN, 4TH "T" BLOCK JAYANAGAR, BANGALORE-560 041.
105. SMT. MUNIYAMMAL W/O. RAMU. S, AGED ABOUT 68 YEARS NO.78/2, MUNIREDDY BUILDING AMBEDKAR STREET BOMMANAHALLI, BEGUR HOBLI BANGALORE-560 068.
106. SRI V KRISHNAPPA S/O VEERAPPA AGED ABOUT 72 YEARS NO.14/1, YALLAPPA ROAD MAVALLI 1ST BLOCK JAYANAGAR, BANGALORE-560 004 107. SMT VIJAYALAKSHMI D/O KRISHNAPPA AGED ABOUT 70 YEARS FLAT NO.60, 5TH CROSS PANCHAVARAM NAGAR PUNTRUTI, KADALUR DISTRICT TAMILNADU-607108.
108. SRI RAMESH S/O KRISHNAMURTHY AGED ABOUT 63 YEARS NO.60, 5TH CROSS PANCHAVARAM NAGAR PUNTRUTI, KADALUR TAMILNADU-607108.
109. SRI B M RAGHAVENDRA S/O MELAPPA AGED ABOUT 43 YEARS NO.69, 2ND STAGE YELAHANKA UPANAGARA BANGALORE-560 064 110. SMT G H RAJESHWARI D/O NARAYANAPPA AGED ABOUT 62 YEARS NO.18, 23RD MAIN ROAD J P NAGAR, 2ND STAGE BANGALORE-560 078.
111. SRI M MUNIVENKATAPPA S/O YELLAPPA AGED ABOUT 75 YEARS NO.14,18TH MAIN ROAD 42ND CROSS, MARENEHALLI KERE 4TH BLOCK, JAYANAGAR BANGALORE-560 041.
112. SMT PUTTALAKSHMAMA W/O KRISHNAPPA AGED ABOUT 63 YEARS NO.852, EAST END B MAIN ROAD, 9TH BLOCK JAYANAGAR, BANGALORE-560 069.
113. SMT KUMARI D/O NARASAPPA AGED ABOUT 60 YEARS SBG COLONY, MAGADI MAIN ROAD TAVAREKERE BANGALORE URBAN DISTRICT-560029.
114. SMT PILLAMMA W/O CHANDRAPPA AGED ABOUT 59 YEARS NO.97/2, PANDAVAPURAM VILLAGE ANEKAL TALUK BANGALORE URBAN DISTRICT.
115. SRI JAYANTH S R S/O RAMACHANDRAPPA AGED ABOUT 63 YEARS NO.LP 18/11, BDA FLAT BTM 2ND STAGE, BANGALORE-560076.
116. SRI R SATHYANARAYANA SHETTY S/O GOVINDA SHETTY AGED ABOUT 92 YEARS NO.26 (OLD NO.27) SHOP STREET N R COLONY, BASAVANAGUDI BANGALORE-560004 117. SMT VENKATAMMA D/O BHEEMAIAH AGED ABOUT 65 YEARS NO.44/A , 22ND MAIN ROAD MARENAHALLI, J P NAGAR 2ND STAGE, BANGALORE-560078 118. SRI N RAJU S/O NARASAPPA AGED ABOUT 45 YEARS NO.909, 28TH MAIN ROAD 9TH BLOCK, JAYANAGAR BANGALORE-560069.
119. SRI VINAYKUMAR S/O H R KRISHNAIAH AGED ABOUT 30 YEARS NO.852, EAST END B MAIN ROAD CORPORATION COLONY, 27TH MAIN ROAD 9TH BLOCK, JAYANAGAR BANGALORE-560069 120. SRI KRISHNAPPA S/O MADDURAPPA AGED ABOUT 60 YEARS NO.73, PANATHUR DINNE VARTHUR HOBLI, BANGALORE-560087 121. SMT KAMALAMMA W/O CHIKKARANGAPPA AGED ABOUT 59 YEARS NO.73/1, ANJANEYA TEMPLE 6TH BLOCK, YADIYUR, JAYANAGARA BANGALORE-560082 122. SRI M KRISHNAPPA S/O MUNISWAMAPPA AGED ABOUT 65 YEARS NO.20, 1ST CROSS, 1ST MAIN ROAD N S PALYA, BANNERGHATTA MAIN ROAD BANGALORE-560076.
123. SRI S RAMESH S/O H C SHIVARUDRAPPA AGED ABOUT 41 YEARS NO.6/92, 9TH CROSS, SBI COLONY SARAKKI GATE, 1ST STAGE J P NAGARA, BANGALORE-560078.
124. SMT PRABHAVATHI W/O SHIVAKUMAR AGED ABOUT 55 YEARS NO.852, 28TH MAIN ROAD CORPORATION COLONY, 9TH BLOCK JAYANAGAR , BANGALORE-560069.
125. SMT N PUSHPA W/O GANGARAJU AGED ABOUT 59 YEARS NO.852, 28TH MAIN ROAD CORPORATION COLONY, 9TH BLOCK JAYANAGAR, BANGALORE-560069.
126. SMT RASHMI D/O LATE RAJAGOPAL AGED ABOUT 32 YEARS NO. 182/3, PUTTENAHALLI BANGALORE 560078.
127. SMT SHIVAMMA W/O KARIYAPPA AGED ABOUT 69 YEARS NO.13/1, CHKKASONDENAHALLI MARALAWADI HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT.
128. SMT. R AMARAVATHI W/O MALLAPPA AGED ABOUT 70 YEARS NO.22/5, MARUTHI NILAYA NEAR COOL LAND BOYS HOSTEL PIPELINE ROAD, MATHIKERE BANGALORE-560054.
129. SMT G. VIJAYA W/O JAGANNATH AGED ABOUT 60 YEARS NO.146, PANATHUR DINNE VARTHUR HOBLI, BANGALORE-560087 130. SRI N MADAPPA S/O NANJAPPA AGED ABOUT 80 YEARS BANASHANKARI TEMPLE QUARTERS KANAKAPURA ROAD BANGALORE-560082.
131. SRI B ARAVINDA S/O LATE. D. GOVINDARAJU AGED ABOUT 46 YEARS NO.855, 6TH MAIN ROAD 10TH CROSS, B T M MICO LAYOUT BANGALORE-560076.
132. SRI B R SURESH S/O LATE RAMAIAH AGED ABOUT 45 YEARS NO.1719, 40TH CROSS 18TH MAIN ROAD, 4TH B BLOCK JAYANAGAR, BANGALORE-560041.
133. SRI R J PATIL S/O JYOTHI PATIL AGED ABOUT 70 YEARS NO.152, NEELADASANAHALLI BANGALORE EAST BANGALORE -560 086.
134. SRI DODDA SAMPANGI S/O BETTEGOWDA AGED ABOUT 90 YEARS NO.112/1, 18TH C MAIN ROAD MARENAHALLI , J.P.NAGAR 2ND STAGE BANGALORE-560078 135. SMT N PREMALATHA D/O Y V NARASIMAIAH AGED ABOUT 59 YEARS NO.268, 7TH MAIN ROAD MARENAHALLI TANK BUND AREA 5TH BLOCK, JAYANAGAR BANGALORE-560041.
136. SRI RAJU S/O LATE. OMKARAPPA AGED ABOUT 38 YEARS NO.182/3, PUTTENAHALLI KOTTANUR DINNE MAIN ROAD J P NAGAR, 7TH BLOCK BANGALORE-560078.
137. SMT. DEEPA D/O LATE LAKSHMAMMA AGED ABOUT 47 YEARS NO.245, 2ND MAIN MARENEHALLI TANK BUND AREA 5TH BLOCK, JAYANGAR BANGALORE-560041.
138. THE PRESIDENT MARENAHALLI VASATHIHENARA SANGHA MARENAHALLI, BANASHANKARI POST JAYANAGARA 5TH BLOCK, BANGALORE-56041 ... PETITIONERS (BY SRI. A.S.PONNANNA, SENIOR COUNSEL FOR SMT. LEELA P DEVADIGA, ADV.) AND 1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE- 560002.
2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY BANGALORE-560020.
3. THE DEPUTY COMMISSIONER (LAND ACQUISTION & TDR) BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE, 560002 4. THE ESTATE OFFICER AND TDR BDA, BANGALORE-560 020 ... RESPONDENTS (BY SRI. RAMANJANEYA GOWDA ADV. FOR R2 & R4 SRI. SREENIDHI.V. ADV. FOR R1 & R3 ) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS ON THE FILE OF THE RESPONDENT AUTHORITIES AND DIRECT THE R-1 BBMP TO FORTHWITH COMPLY WITH THE DECISION TAKEN ON 23.01.2019 AND 01.02.2019, COPIES OF WHICH ARE PRODUCED AT ANNEXURE-R & S, AND ISSUE THE TRANSFERABLE DEVELOPMENT RIGHTS AS PER THE PREVAILING RULES IN FAVOUR OF THE PETITIONERS AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In these writ petitions, the petitioners have sought for the following reliefs:
“a) Issue a writ , order or direction in the nature of mandamus directing the first respondent BBMP to forthwith comply with the decision taken on 23.01.2019 and 01.02.2019, copies of which are produced at Annexure-R & S, and issue the Transferable Development Right as per the per the prevailing rules in favour of the petitioners in the interest of justice and equity.
b) Issue a writ, order or direction in the nature of writ of mandamus directing the 2nd & 4th respondent to comply with the decision of the first respondent and issue necessary Transferable Development Rights Certificate in favour of the petitioners s per TDR Rules;
OR IN THE ALTERNATIVE Issue a writ or order or direction in the nature of mandamus to suitably compensate the petitioners by way of monetary compensation fixing the compensation under the Land the Right to Fair Compensation and Transparency in Land Acquisition , Rehabilitation and Resettlement Act, 2013.
c) Grant such other order’s as this Hon’ble Court deems fit in the circumstances of the case including cost of this Writ Petition, in the interest of justice and equity.”
2. The case of the petitioners is that the petitioners being the houseless persons were originally slum dwellers living in a slum situated in Sy.No.40, Marenahalli, Bangalore South. The respondent- Corporation required about 8 acres of land for the formation of the road and for providing civic amenities and accordingly a proposal was prepared for displacing about 180 persons including the petitioners. The petitioners agreed for the proposal. Accordingly, in pursuance of the proposal, the Corporation issued orders dated 3.7.1976 shifting 180 occupants including the petitioners by providing them alternate house sites in Sy.Nos.17 and 18 for their rehabilitation and they have been issued Hakku patras in respect of Sy.Nos.17 and 18 and possession certificates have been issued in favour of the petitioners. Subsequently, in the year 1979-80, katha was also issued, but the petitioners have not been put in actual possession of the sites. In respect of Sy.No.17, there is dispute. Hence, the Corporation has taken a decision to compensating the petitioners by issuing TDR certificate in their favour. Accordingly, the Corporation has decided on 23.1.2019 and 1.2.2019 to send proposals to the BDA to issue TDR certificates in favour of the petitioners. Subsequently, the Corporation has sent a proposal to the BDA requesting to issue TDR certificates to the petitioners. In turn, the BDA returned the file to the Corporation seeking some documents and clarifications. Since the respondents have not issued the TDR certificates, the petitioners have approached this Court.
3. Sri.A.S.Ponnanna, the learned senior counsel appearing for the petitioners have submitted that even though hakku patras have been issued in favour of the petitioners, they have not been put in possession of Sy.No.17 since there is dispute in respect of Sy.No.17. To compensate the petitioners, the Corporation has taken a decision to issue the TDR certificates in favour of the petitioners. Till today, they have not issued the TDR certificates. Hence, he sought for allowing the writ petitions.
4. Per contra, Sri.V.Sreenidhi, the learned counsel appearing for the BBMP submits that after taking a decision on 23.1.2019 and 1.2.2019, the Corporation has recommended the names of the petitioners to the BDA to issue TDR certificates. The BDA in turn returned the recommendations and sought for additional information and clarification. If the court grants reasonable time, they will consider the case of the petitioners for recommending their names for issuance of TDR certificate.
5. Sri.Ramanjaneya Gowda, the learned counsel appearing for the BDA has submitted that earlier the Corporation had sent the proposal dated 23.1.2019 to the BDA. But the BDA has returned the recommendations and sought some additional information and clarification from the Corporation vide Annexure-T dated 22.2.2019. He has further stated that if such additional information and clarification is furnished by the Corporation and sent recommendations, the BDA will consider the same for issuing the TDR certificates in favour of the petitioners.
6. Heard the learned counsel appearing for the parties.
7. Detailed narration of facts would not call for reiteration. The Corporation has taken a decision to compensate the petitioners by issuing TDR certificates. Subsequently, on 23.1.2019 and 1.2.2019, the Corporation has taken a decision to recommend the petitioners’ case to the BDA for issuing TDR certificates. The BDA in turn returned the recommendations to the Corporation and has sought for additional information and clarification vide Annexure-T dated 22.2.2019. Now the matter is before the BBMP for consideration of the case of the petitioners.
8. At this stage, Sri.V.Sreenidhi, learned counsel appearing for the Corporation submits that now the matter before the Corporation is under consideration and the Corporation will take a decision within a reasonable time.
9. In view of the above, the Corporation is directed to consider the case of the petitioners for recommending their names to the BDA for issuing TDR certificates along with necessary information and clarification as sought by the BDA within four weeks from the date of receipt of copy of this order.
If the Corporation has sent recommendations along with information and clarification as sought by the BDA as per Annexure-T, the BDA is directed to consider the case of the petitioners for issuing the TDR certificates in favour of the petitioners in accordance with law within four weeks from the date of receipt of the recommendations from the Corporation.
With the above observations and directions, the writ petitions are disposed of.
Sd/- JUDGE DM
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Title

Smt Jayamma D/O Venkataramanappa And Others vs The Commissioner Bruhat Bangalore And Others

Court

High Court Of Karnataka

JudgmentDate
05 August, 2019
Judges
  • H T Narendra Prasad