IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT W. P. NO. 36635 OF 2018 (BDA) C/W W.P.No. 31720/2016 & W.P.NO.12498/2017 (LA-BDA) IN W.P. NO. 36635/2018:
BETWEEN:
SMT. MUKBUL JAN, W/O LATE SYED MUSTAF, AGED ABOUT 84 YEARS, R/AT NO.56, 3RD CROSS, BHOOPASANDRA, BENGALURU -560 094. ... PETITIONER (BY SRI. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI. SHAHBAAZ HUSAIN, ADVOCATE) AND 1. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, GUTTAHALLI, BENGALURU-560 020.
2. THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU – 560 001. ... RESPONDENTS (BY SRI. DILDAR SHIRALLI, HCGP FOR R2; SRI K. KRISHNA, ADVOCTE FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO EXTEND THE BENEFIT OF THE NOTIFICATION DATED 17.10.2012 TO THE PETITIONER AND TO RETURN UN-USED LANDS I.E. SCHEDULE B PROPERTY (ANNEXURE-J) AND ETC., IN W.P. NO 31720/2016 & W.P.NO.12498/2017: BETWEEN:
1. SRI. V.T. SUNDER RAJ, S/O LATE SRI. THIMMAPA SHETTY, AGED ABOUT 85 YEARS, R/O NO. 6/1, SRI RAMAN, 8TH A MAIN ROAD, R.M.V. EXTENSION, BENGALURU - 560 080.
2. SMT. LEELAVATHI, W/O SRI V.T. SUNDER RAJ, AGED ABOUT 83 YEARS, R/O NO. 6/1, SRI RAMAN, 8TH A MAIN ROAD, R.M.V. EXTENSION, BENGALURU - 560 080. ... PETITIONERS (BY SRI. SUMANTH L.BHARADWAJ, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU - 01.
2. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, BENGALURU - 01.
3. THE DEPUTY COMMISSIONER FOR LAND ACQUISITION, BANGALORE DEVELOPMENT AUTHORITY, BENGALURU - 560 001.
4. THE CHAIRMAN, BANGALORE DEVELOPMENT AUTHORITY, BENGALURU - 560 001. ... RESPONDENTS (BY SRI. DILDAR SHIRALLI, HCGP FOR R1;
SRI NARENDRA GOWDA, ADVOCATE FOR R2 TO R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RE ALLOT 12 GUNTAS OF LAND IN SY NO.1 SITATED AT BOOPSANDRA, KASABA HOBLI, BANGALORE NORTH TALUK, BY CONSIDERING THE REPRESENTATION OF THE PETITIONERS DTD: 27.5.2014 ANNEXURE-A.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In these two Writ Petitions, there is a rival claim by the petitioners for the reconveying of the petition lands that approximately admeasures 12 guntas, regardless of the elaborate pleadings and prayers of the parties.
2. After service of notice, the respondent-BDA through its Panel Counsel submits that no decision as yet, is taken by the BDA for recommending deletion of these lands from the acquisition process by way of reconveyance or otherwise; however, the information is being solicited from the Town Planning Member and the Land Acquisition Officer to decide whether it should be recommended to the State Government dropping the acquisition and to reconvey it to the true owners.
3. The learned Senior Advocate Sri.Shashikiran Shetty appearing for the counsel for the petitioner on record in W.P.No.36635/2018 submits that the petitioner has already filed a civil suit in O.S.No.9704/2014 seeking injunctive relief and that the petitioner would take necessary steps for conversion of the said suit into the one for declaration of title, as well. The learned counsel for the petitioner in W.P.No.31720/2016 and W.P.No.12498/2017 per contra submits that the BDA records show that it is these petitioners who are the true owner of the land in question and therefore, if at all there is any resolution to be made by the BDA, it should be to the benefit of these petitioners only.
4. The learned HCGP Sri.Dildar Shiralli appearing for the State Government submits that if the BDA makes a resolution and forwards it to the State Government, the same would be considered in accordance with law after giving an opportunity of hearing to all the stake holders in the matter. To this proposal, the BDA does not have disagreement.
In view of the above, these Writ Petitions succeed in part; a Writ of Mandamus issues to the respondent-BDA to take all further steps and finalize the subject mater of the two resolutions namely the resolution dated 17.10.2012 vide Subject No.185 of 2012 and resolution dated 07.09.2013 vide Subject No.123 of 2013, within a period of eight weeks; the decision to be finalized by the BDA at its own level, pursuant to the said resolutions, shall be sent to the Government for consideration, forthwith, and that on being so sent, the respondent-Government shall consider the same within next eight weeks thereafter; an opportunity of hearing shall be given by the Government to all the stake holders including the petitioners herein.
Costs made easy.
Sd/- JUDGE cbc