IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.1822-834 OF 2018 (LA-BDA) BETWEEN:
1. SMT NIRMALA CHANDRU W/O CHANDRASHEKAR, AGED ABOUT 47 YEARS, R/AT NO.41, 1ST MAIN ROAD, 6TH CROSS, BILWAPATRE MARADA ROAD, BYRAVESHWARNAGARA, LAGGERE BANGALORE 560 096.
2. SRI B.R. SHANKAR RAO S/O B. RANGANATH RAO, AGED ABOUT 57 YEARS, R/AT NO.200, 34TH CROSS, 9TH MAIN ROAD, YARAB NAZGAR BSK II STAGE, BANGALORE 560 070.
3. SMT R. SWARNALATHA W/O R. RAMAMURTHY AGED ABOUT 54 YEARS, RESIDING AT NO.1488 1ST FLOOR, 18TH MAIN ROAD, 40TH CROSS, 4TH "T" BLOCK JAYANAGAR BANGALORE 560 041.
4. SRI B.G. SURESH KUMAR S/O LATE B. GOPALAKRISHNA GUPTA AGED ABOUT 57 YEARS, RESIDING AT NO.66, 1ST CROSS, 2ND MAIN ROAD, VINAYAKA NAGAR GUBBALALA, BANGALORE 61.
5. SRI M.P. ASHOKA CHANDRAMOULI S/O M. PUTTANNA AGED ABOUT 49 YEARS, RESIDING AT NO.49, 6TH MAIN BETWEEN 13 & 15TH CROSS, MALLESWARAM, BANGALORE 560 003.
6. SMT SOWBHAGYA LAKSHMI W/O B. SHIVAIAH AGED ABOUT 50 YEARS, R/AT NO.37/13, 2ND MAIN ROAD, NEAR VEBSTRI SCHOOL BANASHANKARI 3RD STAGE ITTAMADU, BANGALORE 560 085.
7. SMT RATHNAMMA W/O R.V. VENKATACHALAPATHI R/AT NO.425, 7TH CROSS, N.H. COLONY, SUBEDARPALYA YESWANTHPURA, BANGALORE 560 022.
8. SMT B.V. CHANDRAKANTHAMMA W/O D.K. GOPALAKRISHNA AGED ABOUT 61 YEARS R/AT NO.1444, 1ST CROSS, CHAMUNDESHWARI BADAVANE, RAMANAGARA 571 511.
9. SMT PADMA W/O LATE K.L. NAGABHUSHANA AGED ABOUT 65 YEARS R/AT NO.9, PRAKRUTI ENTERPRISES 4TH BLOCK, MUNESHWARA LAYOUT OPP. R.R. SCHOOL, DODDABOMMASANDRA BANGALORE 560 097.
10. SRI K.V. SRINATH S/O LATE K.V. VENKATASUBBAIAH SHETTY AGED ABOUT 50 YEARS R/AT KANIKAPARAMESHWARI TEMPLE ROAD, PAVAGADA - 561 202.
TUMKUR DISTRICT.
11. SRI. K.V. RAMANATHA SHETTY S/O LATE K.V. VENKATASUBBAIAH SHETTY AGED ABOUT 62 YEARS, R/AT NO.3432, PENUGONDA ROAD, PAVAGADA 561202 TUMKUR DISTRICT.
12. SMT K.E. LEELAVATHI D/O K. ESHWARAIAH SHETTY AGED ABOUT 42 YEARS, R/AT NO.34, 4TH MAIN ROAD, MASJID ROAD, LAGGERE, CHAMUNDESHWARI NAGAR BANGALORE 560 058.
13. SMT K.V. DEVIKA D/O K. ESHWARAIAH SHETTY AGED ABOUT 42 YEARS R/AT NO.34, 4TH MAIN ROAD, MASJID ROAD, LAGGERE CHAMUNDESHWARI NAGAR BANGALORE 560 058.
(By SMT. MAMATA G KULKARNI , ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, VIDHANA SOUDHA, BANGALORE 560 001.
2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY … PETITIONERS KUMARA PARK WEST, T. CHOWDAIAH ROAD, BANGALORE 560 020.
3. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T. CHOWDAIAH ROAD, BANGALORE 560 020.
… RESPONDENTS (By SRI. E S INDIRESH, AGA FOR R1, SRI. K KRISHNA, ADV. FOR R2 & R3) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PRELIMINARY AND FINAL NOTIFICATION, PRELIMINARY NOTIFICATION DTD:21.5.2008 AND THE FINAL NOTIFICATION DTD:18.2.2010 ISSUED BY THE R-1 AS PER ANNEXURE-P AND Q IN SO FAR AS THE LANDS OF THE PETITIONER IS CONCERNED VIZ., SY NO.58 OF CHLLGHATTA VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Smt.Mamata G.Kulkarni, learned counsel for the petitioners.
Mr.E.S.Indiresh, learned Additional Government Advocate for the respondent No.1.
Mr.K.Krishna, learned counsel for the respondent Nos.2 and 3.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners have prayed for the following reliefs:
a) Issue writ in the nature of certiorari to quash the preliminary and final notifications, preliminary notification bearing No.BDA/ COMMR/DC(LA)/ADAO/158/2008-09 dated 21.05.2008 issued by respondent No.2 and the final notification dated 18.02.2010 issued by the 1st respondent in No.UDD.51.MNX.2010, Bangalore as per Annexure-P and Annexure-Q in so far as the lands of the petitioner is concerned viz., Sy.No.58 of Challaghatta Village, Kengeri Hobli, Bangalore South Taluk;
b) Issue writ in the nature of mandamus directing the 2nd respondent BDA to delete the sites from the acquisition by collecting development charges or extend the same treatment extended to the other petitioners in W.P.No.30442-461/2010 and W.P.No.31198-
31212/2010 as per Annexure-R2, Annexure- R3 and Annexure-S.
4. When the matter was taken up today, learned counsel for the petitioners submitted that the petitions be disposed of with a direction to the respondent No.2 to consider the claim of the petitioners in the light of the resolution contained in Annexure-S dated 18.04.2017 by a speaking order within a stipulated time limit.
5. The aforesaid prayer has not been opposed by the learned counsel for the respondents.
6. In view of the aforesaid submissions and in the facts of the case, the petitions are disposed of with a direction to the competent authority of the respondent No.2 to consider the claim of the petitioners by a speaking order in the light of the resolution contained in Annexure-S dated 18.04.2017 within a period of two months from the date of receipt of certified copy of the order passed today.
Sd/- JUDGE RV