IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.55187-188 OF 2018 & 56798 OF 2018 (LA-BDA) BETWEEN:
1. SRI CHIKKA PILLAPPA S/O LATE MUNISHAMAPPA AGED ABOUT 63 YEARS R/AT AVALAHALLI VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE-560 049 REPRESENTED BY THEIR GPA HOLDER M/S BALAJI DEVELOPERS REPRESENTED BY ITS PARTNER SRI V ARAVINDER REDDY 2. SRI M MOHAN RAJ S/O LATE MUNIKRISHNAPPA R/AT NO 8/1 13TH "F" MAIN DOOPANAHALLI INDIRANAGAR BANGALORE-560 008 REPRESENTED BY THEIR GPA HOLDER M/S BALAJI DEVELOPERS REPRESENTED BY ITS PARTNER SRI V ARAVINDER REDDY 3. M/S BALAJI DEVELOPERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.7-46 MADURAPURI DILSHUKNAGAR HYDERABAD-500 060 REPRESENTED BY ITS PARTNER SRI V ARAVINDER REDDY AGED ABOUT 53 YEARS S/O SRI V LAKSHMANA REDDY (BY MR. B PRAMOD, ADV.) AND:
1. THE STATE OF KARNATAKA VIDHANA SOUDHA DR B R AMBEDKAR VEEDHI BANGALORE-560 001 REPRESENTED BY ITS CHIEF SECRETARY 2. BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-560 020 REPRESENTED BY ITS COMMISSIONER 3. THE TOWN PLANNING MEMBER TOWN PLANNING DIVISION BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-560 020 4. THE DEPUTY COMMISSIONER LAND ACQUISITION BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-560 020 5. THE SPECIAL ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-560 020 6. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT K G ROAD BANGALORE-560 002 (BY MR. E S INDIRESH, AGA FOR R1 & R6, SMT. SUMANGALA I, SIMIMATH, ADV. FOR … PETITIONERS … RESPONDENTS SRI. I G GACHCHINAMATH, ADV. FOR R2 TO R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED LETTER DATED 19.11.2018 ISSUED BY THE R-3 (ANNEXURE-K) IN RESPECT OF THE SCHEDULE PROPERTY AS ILLEGAL AND ARBITRARY; AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.B.Pramod, learned counsel for the petitioners. Mr.E.S.Indiresh, learned Additional Government Advocate for respondent Nos.1 & 6.
Smt.Sumangala I.Simimath for Mr.I.G.Gachchinamath, learned counsel for respondent Nos.2 to 5.
2. The writ 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:
(i) Issue a writ or order by way of certiorari to quash the impugned letter bearing No.BDA/TPM/BLP-27/2017- 18/1474/2018-19, dated 19.11.2018 issued by the respondent No.3 (Annexure-K) in respect of the schedule property as illegal and arbitrary.
(ii) Issue a writ or order by way of certiorari quash the impugned letter bearing No.BDA/SALAO/332/2018-19 dated 11.10.2018 issued by the respondent No.4 (Annexure-L) in respect of the land bearing Sy.No.26/1B1, measuring 1 acre and the impugned letter bearing No.BDA/SALAO/332/2018-19 dated 11/10/2018 issued by the respondent No.4 (Annexure-L1) in respect of the land bearing Sy. No.26/1B2, measuring 36 ½ Guntas, situated at Avalahalli village, bidarahalli hobli, Bangalore East Taluk as illegal and arbitrary.
iii) issue a writ or order by way of certiorari quash the preliminary notification bearing No.BDA/Commr/DC(LA)SALAO/37/20 10-11 dated 16/08/2010 (Annexure- B) issued by the Respondent-BDA as illegal in respect of the in respect of the land bearing Sy.No.26/1B1, and Sy. No.26/1B2, situated at Avalahalli village, Bidarahalli Hobli, Bangalore East Taluk.
iv) Declare that the preliminary notification bearing No.BDA/Commr/DC(LA)SALAO/37/20 10-11 dated 16/08/2010 (Annexure- B) issued by the Respondent-BDA has lapsed as no further steps have been taken as per the BDA Act and therefore the land bearing Sy.No.26/1B1, and Sy.No.26/1B2. situated at Avalahalli village, Bidarahalli Hobli, Bangalore East Taluk are not under acquisition proceedings;
v) issue a writ or order or direction by way of mandamus directing the respondent no.2 and 3 to sanction the building plan in respect of the in respect of the Schedule property; and vi) pass any such other order(s) as this Hon’ble court deems fit in the facts and circumstances of the case in the interest of justice and equity.
3. For the reasons assigned by this Court by an order dated 29.09.2015 passed in W.P.No.18213/2014 (BDA), these writ petitions are also disposed of on the same terms and with similar directions. Needless to state that the prayer for grant of sanction plan shall be dealt with in accordance with law.
Sd/- JUDGE SS