IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 27TH DAY OF FEBRUARY, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NOS.6465-6470 OF 2010(LA-BDA) AND WRIT PETITION NO.6481 OF 2010(LA-BDA) BETWEEN:
1. SMT.K.R.JAGADAMBHA W/O LATE SRI M.A.VENKATASWAMY, AGED ABOUT 73 YEARS, RESIDING AT NO.22, 16TH CROSS, 5TH PHASE, J.P.NAGAR, BENGALURU – 560 078.
2. SMT.K.R.ANANDAMMA SINCE DEAD BY LRS 2(a) SMT.K.M.PADMA D/O LATE SMT.K.R.ANANDA, W/O M.RAMAKRISHNAPPA, AGED ABOUT 61 YEARS, NO.22/1, 33RD MAIN, BHAVANI LAYOUT, BANASHANKARI III STAGE, BENGALURU – 560 085.
2(b) SRI K.M.SUDARSHAN S/O LATE K.M.MUNISWAMAPPA, AGED ABOUT 55 YEARS RESIDING AT NO.90, SASWATHI VILAS APARTMENTS, II FLOOR, FLAT NO.303, 17TH CROSS, J.P.NAGAR, V PHASE, BENGALURU – 560 070.
2(c) SRI K.M.PRABHU S/O LATE SMT.K.R.ANANDA, AGED ABOUT 48 YEARS NO.65/294, RAM IYENGAR ROAD, V.V.PURAM, BENGALURU – 560 004.
3. SMT.R.MADHUMATHI W/O LATE K.MADHUSUDHAN, S/O LATE K.R.ANANDA, AGED ABOUT 47 YEARS, RESIDING AT NO.11/1, 8TH CROSS, GANAPATHI NAGAR, HOSAKEREHALLI MAIN ROAD, BENGALURU – 560 026.
4. SRI K.M.SHREYAS MADHUSUDAN AGED ABOUT 23 YEARS, S/O LATE K.MADHUSUDAN, S/O LATE K.R.ANANDA, NO.22/1, 33RD MAIN, BHAVANI LAYOUT, BANASHANKARI III STAGE, BENGALURU – 560 085.
5. SRI K.R.PRAFFUL TEJAS S/O LATE K.M.MADHUSUDAN, AGED ABOUT 21 YEARS, S/O LATE K.R.ANANDA, RESIDENT OF 11/1, 8TH CROSS, GANAPATHI NAGAR, HOSAKEREHALLI MAIN ROAD, BENGALURU – 560 026. ... PETITIONERS (BY SRI V.LAXMINARAYANA, SR.COUNSEL FOR MS.SHILPA RANI, ADVOCATE FOR M/S.BALAJI ASSOCIATES, ADVOCATES) AND:
1. STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY, VIDHANA SOUDHA, DR.AMBEDKAR ROAD, BENGALURU – 560 001.
2. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR.AMBEDKAR ROAD, BENGALURU – 560 001.
3. THE BENGALURU DEVELOPMENT AUTHORITY K.P.WEST, BENGALURU – 560 020 REPRESENTED BY ITS COMMISSIONER.
4. THE SPECIAL LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, K.P.WEST, BENGALURU – 560 020.
... RESPONDENTS (BY SRI T.S.MAHANTESH, AGA FOR R1 & R2 SRI M.KARUNAKAR, ADVOCATE FOR R3 & R4) ***** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD NOTICE DATED 17.2.2010 ISSUED BY THE R4, PRODUCED AT ANNEXURE-W. DECLARE THAT THERE IS NO VESTING OF THE PROPERTY WITH THE BDA IN VIEW OF SECTION 38(3) OF THE BDA ACT & CONSEQUENTLY THE ACQUISITION NOTIFICATIONS ARE DEEMED TO HAVE BEEN LAPSED SINCE PRELIMINARY NOTIFICATION & FINAL NOTIFICATION ARE QUASHED BY THIS COURT IN WRIT PETITION.NO.46002/2009 C/W WRIT PETITION.NOS.46004-05/2009 VIDE ANNEXURE-B & BDA SHALL BE RESTRAINED FROM EXERCISING POWER.
THESE WRIT PETITIONS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners seeks for a writ of certiorari to quash the award notice issued by the 4th respondent Annexure- W dated 17-2-2010 and to declare that there is there is no vesting of the property with the Bangalore Development Authority.
2. It is presently brought to the notice of this court that the acquisition notifications were quashed by the orders of this court in writ petition Nos.46002 of 1999 and 46004-46005 of 1999 and affirmed in writ appeal Nos.3825 of 2005 c/w 2622-2624 of 2004. The said order was challenged by the Bangalore Development Authority and the State in Special Leave Petitions (Civil)CC 5555- 5557/2012 before the Supreme Court of India, wherein by the order dated 4-4-2012 the SLPs were dismissed. In view of the acquisition itself being set aside, the question of entertaining and staying the award in these petitions would not arise for consideration.
Hence, following the aforesaid Judgments, the petitions are allowed. In view of the aforesaid orders, the award notice dated 17-2-2010 issued by respondent No.4, vide Annexure-W stands quashed. Rule made absolute.
SD/- JUDGE Rsk/-