IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.No.3736/2016 (LA-BDA) BETWEEN 1. JOHN G.RODRICKS S/O LATE L.G.RODRICKS, AGED ABOUT 92 YEARS, 2. PHILOMINA RODRICKS W/O JOHN G.RODRICKS, AGED ABOUT 75 YEARS, 3. MERVYN ADOLF RODRICKS S/O JOHN G.RODRICKS, AGED ABOUT 50 YEARS, 4. PATRICIA SHROFF D/O JOHN G.RODRICKS, AGED ABOUT 57 YEARS, ALL ARE REP BY GPA HOLDER BERNADINE JOAN KAIMAL, D/O JOHN G RODRICKS IE.PETITIONERS NO.5 HEREIN 5. BERNADINE JOAN KAIMAL D/O JOHN G.RODRICKS, AGED ABOUT 55 YEARS, 6. ANISHA MARISSA KAIMAL D/O MR.ARVIND KAIMAL, AGED ABOUT 24 YEARS, ALL ARE R/AT NO.38/I, HENNUR MAIN ROAD, (NEAR RING ROAD JUNCTION) KALYAN NAGAR, BANGALORE-560043. ... PETITIONERS (By Sri SAMPATH ANAND SHETTY, ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPT.OF HOUSING AND URBAN DEVELOPMENT, VIDHANA SOUDHA, BANGALORE-560001 2. BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560020 3. THE ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560020. ... RESPONDENTS (By Sri VIJAYA KUMAR A.PATIL, AGA FOR R1; Sri A.S.PONNANNA, ADV. FOR Sri M.N.SUDEV HEGDE, ADV. FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION TO THE EFFECT THAT THE RESPONDENT BANGALORE DEVELOPMENT AUTHORITY, UNDER THE GUISE OF CONSTRUCTION OF FLYOVER AND WIDENING SERVICE ROAD BELOW THE SAME IN HENNUR, NAGAWARA AND KACHARAKANAHALLI IS NOT EMPOWERED TO DISPOSSESS THE PETITIONERS FROM ANY PORTION OF THE SCHEDULE PROPERTIES COMPRISED IN SY.NO.38/I, HENNUR MAIN ROAD MEASURING ABOUT 1 ACRE 1 GUNTA SITUATED NEAR RING ROAD JUNCTION, KALYANNAGAR, BENGALURU, WITHOUT FOLLOWING THE DUE PROCEDURE, AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING-B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Petitioners have approached this Court under Articles 226 & 227 of the Constitution of India seeking a declaration that entire acquisition proceedings culminating in the final notification dated 09.01.1985 acquiring land bearing Sy. No.38/1 measuring 1 acre 1 gunta situated at Hennu village, Bengaluru North Taluk, have lapsed, in so far as the said property was concerned, in terms of the provisions contained under Section 27 of the Bengaluru Development Authority Act, 1976.
2. Learned Counsel appearing for all the parties i.e., petitioners and respondents have filed a joint memo duly signed by all the parties stating that an understanding has been reached between the parties regarding utilization of the land as per the terms stated in the joint memo, and therefore, this writ petition may be allowed quashing the impugned notification in so far as it pertained to the land in question.
3. I have heard Mr. Sampath Anand Shetty, learned Counsel for the petitioners, Mr. A.S.Ponnanna along with Mr. M.N.Sudev Hegde, learned Counsel for respondent no.2 and Mr. Vijaykumar Patil, learned Additional Government Advocate appearing for the State.
4. In view of the joint memo filed and having regard to the nature of the understanding reached between the parties, this writ petition is allowed. Impugned acquisition proceedings in so far as the land of the petitioner is concerned is quashed.
Sd/- JUDGE KK