IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.29080/2019 (LA – BDA) BETWEEN :
1 . SMT K.N.NAGACHITRA W/O K N NAVEEN KUMAR AGED ABOUT 38 YEARS R/AT NO.33, 7TH CROSS 1ST MAIN ROAD, PRASHANTH NAGAR BANGALORE-560079 2 . SMT C VINAJJANAM W/O M CHANDRAN AGED ABOUT 60 YEARS R/AT NO.196, 9TH CROSS 2ND MAIN, HOSYALA NAGARA SUNKADAKATTE, BANGALORE-560091 3 . SMT M INDRAMMA D/O LATE KEMAPANNA AGED ABOUT 61 YEARS R/AT NO.27/1, 6TH CROSS 4TH MAIN ROAD MAGADI MAIN ROAD AGRAHARA DASARAHALLI BANGALORE-560079 4 . SMT M LAKSHMI W/O MANOJ AGED ABOUT 42 YEARS R/AT NO.33, 4TH CORSS E STREET, AGRAHARA DASARAHALLI BANGALORE-560079 5 . SRI RAJU S/O KRISHNAPPA AGED ABOUT 31 YEARS R/AT NO.39, 3RD CROSS 3RD MAIN ROAD SANJEEVINI NAGARA BANGALORE-560072 6 . SRI B N NAGARAJ S/O SRI B M NANJAPPA AGED ABOUT 59 YEARS R/AT NO.63, 4TH CORSS JNANAJYOTHI NAGAR ULLAL MAIN ROAD BANGALORE-560056 7 . SMT A H ASHA W/O G R KAMARAJ AGED ABOUT 44 YEARS R/AT C/O B N NAGARAJ NO.63, 4TH CROSS JNANAJYOTHI NAGAR ULLAL MAIN ROAD BANGALORE-560056 8 . SMT NAGARATHNAMMA W/O GANGANNA AGED ABOUT 51 YEARS R/AT HEGGANAHALLI VISHWANEEDAM POST NEAR KENGAL HANUMANTHAPPA SCHOOL, BANGALORE-560091 9 . SMT JAYALAKSHMAMMA W/O T RANGASWAMY AGED ABOUT 40 YEARS R/AT NO.20, 1ST B MAIN ROAD PAPANNA GARDEN 2ND STAGE, KHB COLONY BASAVESHWARANAGAR BANGALORE-560079 10 . SMT JAYAMMA W/O THIMMAIAH AGED ABOUT 58 YEARS R/AT NO.60, RANGANATHPURA SUNNADAKALLU GUDU ROAD KANAKSHIPALYA BANGALORE-560079 11 . SRI SIDDAGANGA MUDALAGIRAYYA AGED ABOUT 41 YEARS R/AT NO.60, RANGANATHPURA SUNNADAKALLU GUDU ROAD KAMAKSHIPALYA BANGALORE-560079 12 . SMT K C BHAGYA W/O B RANGASWAMY AGED ABOUT 54 YEARS R/AT NO.3171/34 3RD CROSS, GAYATHRI NAGAR BANGALORE-560021 13 . SRI SURESH B S/O BALLARAPPA AGED ABOUT 54 YEARS R/AT NO.3171/34 3RD CROSS, GAYATHRI NAGAR BANGALORE-560021 14 . SMT SAKAMMA W/O MARIGOWDA AGED ABOUT 58 YEARS R/AT NO.60, 4TH CROSS OPP.NEW CARMEL SCHOOL 2ND MAIN ROAD SANJEEVININAGARA BANGALORE-560091 15 . SMT LAKSHMAMMA W/O M R RANGASWAMY AGED ABOUT 47 YEARS R/AT NO.16, 1ST MAIN ROAD 2ND CROSS, KAMALANAGARA BANGALORE-560079 16 . SRI MOHAN KUMAR S/O MARTHANDAPPA AGED ABOUT 38 YEARS R/AT C/O NO.128 NIRMALA NILAYA 10TH E CROSS SHAKTHI GARDEN SANJEEVININAGARA MUDALAPALYA BANGALORE-560072 17 . SRI VENKATAPPA S/O THIMMAIAH AGED ABOUT 66 YEARS R/AT NO.60, RANGANATHAPURA SUNNADAKALLU GOODU ROAD KAMAKSHIPALYA BANGALORE-560079 18 . SRI T SHIVANNA S/O THIMMAIAH AGED ABOUT 48 YEARS R/AT NO.60, RANGANATHAPURA SUNNADAKALLU GOODU ROAD KAMAKSHIPALYA BANGALORE-560079 19 . SMT GIRIYAMMA D/O THIMMAIAH AGED ABOUT 50 YEARS R/AT NO.60, RANGANATHAPURA SUNNADAKALLU GOODU ROAD KAMAKSHIPALYA BANGALORE-560079 20 . SMT LINGAMMA W/O LATE LAKKANNA AGED ABOUT 56 YEARS R/AT NO.662, SYNDICATE BANK COLONY MAGADI ROAD BANGALORE-560079 ...PETITIONERS (BY SRI H.P.LEELADHAR, ADV.) AND :
1 . STATE OF KARNATAKA BY PRINCIPAL SECRETARY URBAN DEVELOPMENT DR.AMBEDKAR VEEDHI VIDHANASOUDHA BANGALURU-560001 2 . THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD (BELLARY ROAD) BANGALORE-560020 3 . THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD (BELLARY ROAD) BANGALORE-560020 …RESPONDENTS (BY SRI NITHYANANDA K.R., HCGP FOR R-1; SRI SACHIN B.S., ADV. FOR R-3; R-2 SERVED.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO COMPLY THE ORDERS PASSED BY THE HON’BLE COURT IN W.P.NO.32119-32146/2011 DATED 21.11.2013 IN ENTIRETY UNDER ANNEXURE-B.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners have sought for a direction to the respondents to comply the orders passed by this Court in W.P.No.32119-23146/2011 dated 21/11/2013 in its entirety considering the representations submitted by the petitioners in respect of the land bearing old survey No.53, new No.53/14 of Kodigehalli Village, Yeshwathpur hobli, Bengaluru North Taluk.
2. It is contended that the petitioners were before this Court in the earlier round of litigation in Writ Petition No. 32119-23145/2011, wherein a memo was filed by the B.D.A which reads as under;
“The Bangalore Development Authority in its Board meeting dated 18.12.2010 vide No.440/2010 has resolved to give up the revenue sites situated in ‘Nadaprabhu Kempe Gowda Layout’ in favour of the respective owners who have purchased the same prior to preliminary notification and thereafter resolved to request the Government to take necessary action under Section 48 of the Land Acquisition Act. In pursuance of the said resolution, the Bangalore Development Authority has requested the Government of Karnataka through a letter dated 17.8.2011 vide No.BDA/ALAO/1580/2011-12 and thereafter through a reminder dated 3.8.2013 to withdraw from the acquisition of revenue sites.
In the instant case, all the petitioners No.1 to 5, 7, 8,10, 15 and 17 have produced copies of the sale deeds to show that they have purchased the revenue sites prior to preliminary notification dated 21.5.2008. Therefore, in this regard necessary order may be passed by this honourable Court subject to production of original documents before this respondent/Authority for verifications.
The petitioners No.6, 9, 11, 12, 13, 14, 16, 18, 19, 20 and 21 have not produced any documents of title deeds to show that they are the owners of revenue sites and hence they may be directed to produce documents, if any, for consideration and liberty may be given to this respondent / Authority to pass necessary orders.
Therefore, the matter could be disposed of with such observations subject to decision of the Government.”
Recording the said memo submitted before this Court, the said writ petitions came to be disposed of observing that the State Government shall take appropriate action pursuant to the recommendation expeditiously. However, it was observed that the State Government shall respond and pass appropriate orders within three months from the date of receipt of a certified copy of the order and the same shall be communicated to the petitioner individually.
3. It is the grievance of the petitioners that the representations made in terms of the order of this Court has not been acted upon by the BDA as well as the State Government.
4. In the circumstances, the petitioners shall make fresh representation/s to the BDA as well as the State Government to take action in compliance with the order of this Court dated 21/11/2013 passed in W.P.No.32119-32146/2011, within a period of two weeks from today. The same shall be considered by the respondents in accordance with law, keeping in mind the decision of this Court referred to above. Compliance shall be made by the State Government in an expedite manner, in any event, not later than two months from the date of receipt of the representation/s by the petitioners and the decision shall be communicated to the petitioners individually.
The writ petition stands disposed of accordingly.
Sd/- JUDGE Msu