IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA WRIT PETITION NOs.9776-9782/2018 (BDA) Between:
1. Sri. Govindaraju, Son of Shamanna, Aged 57 years, Residing at 169/4, Yellamma Temple Street, Shamanna Building, Bangalore – 560 093.
2. Smt. Jayalakshmi, W/o S.Manjunath, Aged about 41 years, Residing at 169, Shamanna Building, Yellamma Temple Road, C.V.Ramnagar Post, Bangalore – 560 093.
3. Sri.Y.Ramayaiah, Son of late Heddappa, Aged about 72 years, Residing at 169, Shamanna Building, Yellamma Temple Road, C.V.Ramnagar Post, Bangalore – 560 093.
4. Sri.Raghu, Son of Ramaswamy, Aged about 44 years, Residing at 738, 12th Cross, West of Chord Road, Bangalore – 560 010.
5. Sri.John Ponnaiah, Son of Devadas, Aged about 60 years, Residing at Markandeya Nagar, Magadi Road, Bangalore – 32.
6. Smt. Shantakumari, Wife of Sundaresh, Aged about 54 years, Residing at 131, 4th Cross, West of Chord Road, Bangalore – 560 010.
7. Smt.Veda, D/o late Devadas, Aged 52 years, Residing at No.2, A Street, 7th Cross, Magadi Road, Bangalore. …Petitioners (By Sri.S.Rama Murthy, Adv.,) And:
1. State of Karnataka, By the Principal Secretary, Department of Nagarabhivrudhi, Vikasa Soudha, Dr.Ambedkar Veedhi, Bangalore – 560 001.
2. Commissioner, Bangalore Development Authority, T.Choudaiah Road, Bangalore – 22. ...Respondents (By Sri.Dildar Shiralli, HCGP for R1) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to allot sites of the measurements of 20 feet by 30 feet in any of the developed lay outs of the R-2 in Bangalore in operating the list at Annexure – A in terms of the order of the R-1 as communicated through Annexure – B to the R-2 and etc., These petitions coming on for Preliminary Hearing this day, the Court made the following:
ORDER Heard.
Issue notice to the respondents.
Learned HCGP accepts notice for respondent Nos. 1 to 3.
2. Though this petition is listed for preliminary hearing, with the consent of the learned counsel on both sides, it is heard finally.
3. Heard learned counsel for the petitioners and learned HCGP for respondent No.1 and perused the material on record.
4. The genesis for the filing of these writ petitions is Annexure `J’ which is the list of displaced persons of Koramangala, whose houses were set to have been demolished by second respondent – Bangalore Development Authority.
5. Learned counsel for the petitioners submits that, earlier writ petitions were filed before this Court in W.P.Nos.56976-56982/2014 and a direction was issued on 25.11.2015 to consider their representations. Since the representations were not considered, CCC Nos.369 and 473-478/2017 were filed. The said contempt petitions were disposed of by order dated 27.10.2017 reserving liberty to the complainants to assail endorsements dated 17.10.2017, in the manner known to law and the contempt petitions were dropped. Subsequently, these writ petitions have been filed. However, there is no challenge to the endorsements although the Division Bench of this Court granted liberty to the petitioners to challenge the endorsements. Petitioners have only sought a direction to the respondents to allot sites measuring 20 feet x 30 feet in any of the developed layouts in Bengaluru as per Annexure `A’.
6. Such a direction per se cannot be granted by this Court.
7. Therefore, the writ petitions would have to be dismissed on that short ground alone. However, since the Division Bench of this Court has reserved liberty to the petitioners to assail the endorsements issued by the BDA, liberty is reserved to assail the said endorsements, if the petitioners are so advised.
With the aforesaid observations, the writ petitions are disposed.
Sd/- JUDGE mgn/-