IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 28TH DAY OF MARCH, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NO.31273 OF 2016(LA-RES) AND WRIT PETITION NOS.33582 TO 33586 OF 2016(LA-RES) BETWEEN:
1. SRI C RAMESH S/O LATE CHINNAPPA AGED ABOUT 45 YEAWRS, IRIGENAHALLI VILLaGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT.
2. SRI CHANNAPPA S/O LATE MUNIVENKATAPPA AGED ABOUT 65 YEARS, IRIGENAHALLI VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT.
3. SRI N.SRINIVAS S/O LATE NAGAPPA AGED ABOUT 24 YEARS IRIGENAHALLI VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT.
4. SRI.MUNIYAPPA S/O SOSALAPPA AGED ABOUT 66 YEARS IRIGENAHALLI VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT.
5. SRI. GURUMURTHY S/O MUNISHAMAPPA AGED ABOUT 66 YEARS IRIGENAHALLI VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT.
6. SMT. NARASAMMA W/O CHANNAPPA AGED ABOUT 60 YEARS, IRIGENAHALLI VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. ... PETITIONERS (BY SRI T.S.VENKATESHA, ADVOCATE) AND:
1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, BENGALURU -560 001 REPRESENTED BY ITS SECRETARY.
2. THE STATE FINANCE COMMISSION VIDHANA SOUDHA, BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY.
3. VIJAYAPURA TOWN MUNICIPAL COUNCIL SHIVAGANESH CIRCLE, VIJAYAPURA DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT- 562 102 REPRESENTED BY ITS CHIEF OFFICER.
4. DEVANAHALLI TOWN MUNICIPAL COUNCIL OPPOSITE TO KEB, NEAR JUNIOR COLLEGE DEVANAHALLI - 562 110, BENGALURU RURAL DISTRICT REPRESENTED BY ITS CHIEF OFICER.
5. BIJJAVARA VILLAGE PANCHAYATH BIJJAVARA VILLAGE, DEVANAHALLI TALU K - 562 110 BENGALURU RURAL DISTRICT REPRESENTED BY ITS DEVELOPMENT OFFICER.
6. KARANATAKA STATE POLLUTION CONTROL BOARD "PARISARA BHAVAN"
NO.49, 4TH & 5TH FLOOR, CHURCH STREET, BENGALURU - 560 001.
REPRESENTED BY ITS CHAIRMAN 7. DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT 1ST FLOOR, PODIUM BLOCK, DR. AMBEDKAR VEEDHI, BENGALURU -560 001.
8. LAKE DEVELOPMENT AUTHORITY 12TH FLOOR, PUBLIC UTILITY BUILDING M.G. ROAD, BENGALURU - 560 001 REPRESENTED BY ITS CHAIRMAN.
9. DIRECTORATE OF TOWN AND COUNTRY PLANNING GPO PB NO.55257, MULTISTORIED BUILDING, PHASE-IV, DR.B.R. AMBEDKAR VEEDHI, BENGALURU -560 001.
10. DIRECTORATE OF MUNICIPAL ADMINISTRATION 9TH & 10TH FLOORS, VISVESHWARAIAH TOWERS, DR. B.R. AMBEDKAR VEEDHI, BENGALURU -560 001 REPRESENTED BY ITS DIRECTOR.
11. BENGALURU INTERNATIONL AIRPORT AREA PLANNING AUTHORITY NO.333/1, 1ST FLOOR, V.J. COMPLEX, SULIBELE ROAD, DEVANAHALLI TOWN BENGALURU RURAL DISTRICT, BENGALURU - 562 110 REPRESENTED BY ITS PRESIDENT.
12. KEMPEGOWDA INTERNATIONAL AIRPORT AUTHORITY LIMITED ADMINISTRATION BLOCK DEVANAHALLI - 560 300. REPRESENTED BY ITS DIRECTOR.
... RESPONDENTS (BY SRI H.VENKATESH DODDERI, AGA FOR R1, R7, R9 AND R10 SRI S.G.PANDIT, ADVOCATE FOR R2 AND R11 SRI P.N.HEGDE, ADVOCATE FOR R3 & R4 SRI M.B.KUMAR, ADVOCATE FOR R5 SRI H.S.SACHIDANAND, ADVOCATE FOR R8 SRI R.B.SATHYANARAYANA SINGH, ADVOCATE FOR R6 SRI PRAVEEN KUMAR HIREMATH, ADVOCATE FOR SRI MANU P.KULKARNI, ADVOCATE FOR R12) ***** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO RESTRAIN THE RESPONDENTS FROM ACQUIRING THE SY.NO.11 RE-NUMBERED AS 11/P45 MEASURING 18 GUNTAS, 11/P1 NEW NO.90 MEASURING 26 GUNTAS, 11/P26 MEASURING 15 GUNTAS, 11/P11 NEW NO.89 MEASURING 12 GUNTAS, 11/P50 NEW NO.103 MEASURING 18 GUNTAS, 11 NEW NO.62 MEASURING 2 ACRES, 11/P2 NEW NO.91 MEASURING 25 GUNTAS i.e., SCHEDULE PROPERTY OF PETITIONERS, WITH OUT FOLLOWING THE PROVISIONS OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION & RESETTLEMENT ACT, 2013. DIRECT THE RESPONDENTS TO STRICTLY ADHERE TO THE USAGE OF LAND AS SPECIFIED AND EARMARKED IN COMPREHENSIVE DEVELOPMENT PLAN; ANNEXURE-A WITH RESPECT TO SY.NO.11 RENUMBERED AS 11/P45 MEASURING 18 GUNTAS, 11/P1 NEW NO.90 MEASURING 26 GUNTAS, 11/P26 MEASURING 15 GUNTAS, 11/P11 NEW NO.89 MEASURING 12 GUNTAS, 11/P50 NEW NO.103 MEASURING 18 GUNTAS, 11 NEW NO.62 MEASURING 2 ACRES, 11/P2 NEW NO.91 MEASURING 25 GUNTAS i.e. SCHEDULE PROPERTY ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner’s counsel seeks leave to withdraw the writ petitions, with a liberty to file a fresh writ petition.
Accordingly, the writ petitions are dismissed as withdrawn, with a liberty to file a fresh petition.
SD/- JUDGE JJ