IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL 2016 PRESENT THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE RAVI MALIMATH WRIT APPEAL NOS.3555 TO 3556 OF 2015 (BDA) BETWEEN 1. KRISHI GANGOTHRI LAYOUT OWN HOUSE/SITE OWNERS WELFARE ASSOCIATION UAS-GKVK LAYOUT JAKKUR, BENGALURU-560064 REPRESENTED BY ITS SECRETARY B PARAMESH 2. SOBHA SUBURBIA APARTMENT OWNERS WELFARE ASSOCIATION JAKKUR, BENGALURU-560064 REPRESENTED BY ITS SECRETARY P WILLIAM ... APPELLANTS (BY SRI ARVIND KAMATH K, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT MULTI STORIED BUILDING BENGALURU-560001 2. BANGALORE DEVELOPMENT AUTHORITY SANKEY ROAD, BENGALURU BY ITS COMMISSIONER 3. SMT. SHARADAMMA W/O LATE JAYARAME GOWDA R/AT JAKKUR VILLAGE YELAHANKA HOBLI BENGALURU NORTH TALUK BENGALURU-560064 4. MR. RAVIKUMAR S/O LATE JAYARAME GOWDA R/AT JAKKUR VILLAGE YELAHANKA HOBLI BENGALURU NORTH TALUK BENGALURU-560064 (BY MISS NILOUFER AKBAR, AGA FOR R-1; SRI B S SACHIN, ADVOCATE FOR R-2;
... RESPONDENTS SRI ZULFIKIR KUMAR SHAFI, ADVOCATE FOR R-3 & 4) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NOS.35675- 35676/2015 DATED 27/08/2015.
THESE WRIT APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT The writ petitioners -appellants approached this Court to ventilate their grievance that the private respondent Nos.3 and 4, unauthorisedly and illegally, blocked the public road on the premise that their lands were denotified from acquisition for formation of Arkavathi Layout although, in the Comprehensive Development Plan, 2011, and in the Revised Master Plan, 2015, the area was shown as road.
2. We are happy to know that the parties had a meeting before the Additional Chief Secretary, Urban Development Department, Government of Karnataka. It is recorded that the owners gave consent for acquisition of their lands. The Bengaluru Development Authority (for short ‘BDA’) has, also, agreed to acquire the lands for the purpose of forming a road.
3. We, therefore, dispose of these writ appeals and record that the BDA shall initiate proceedings for acquiring the lands, in accordance with law. The owners of the lands shall give consent for such acquisition, in terms of the agreement arrived at before the Additional Chief Secretary. After the acquisition is completed, the BDA shall form a road for ingress and egress of the residents of the area, in terms of the Revised Master Plan, 2015.
4. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv