IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.Nos.41541 – 41542/2017 (LA – BDA) BETWEEN :
1. SRI KAMALAKSHA VISHWANATHA VERNEKAR S/O VISHWANATH VERNEKAR, AGED ABOUT 63 YEARS, NO 265, 5TH MAIN ROAD, 1ST PHASE MANJUNATHANAGARA RAJAJINAGARA, BENGALURU - 560010 2. SRI M.DAKSHINAMURTHY S/O LATE MUNISWAMY, AGED ABOUT 67 YEARS NO 20/8, 7TH CROSS, BHOVIPALYA, MAHALAKSHMIPURAM BENGALURU – 560086 ...PETITIONERS (BY SRI K.L.SHREENEVASA, ADV.) AND :
1. STATE OF KARNATAKA REP. BY ITS SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA BANGALORE- 560001 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY SANKEY ROAD, BENGALURU - 560020 3. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY SANKEY ROAD, BENGALURU – 560020 …RESPONDENTS (BY SRI B.J.ESHWARAPPA, AGA FOR R-1; SRI AJAY KUMAR, ADV. FOR R-2 & R-3.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS TO CONSIDER PETITIONERS DEMAND AT ANNEXURE-E AND DIRECT THEM TO FURNISH THE DETAILS OF STATUS OF DEPOSIT IF ANY MADE BY THEM BEFORE THE COMPETENT COURT OR ALTERNATIVELY TO PAY THE COMPENSATIOPN AMOUNT ALONG WITH ACCRUED INTEREST TO THE PETITIONERS AS PER SECTION 34 OF THE LAND ACQUSITION ACT AND AS PER THEIR ENTITLEMENT IN TERMS OF THE AWARD PASSED BY THEM.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners are claiming to be the purchasers of sites formed by one Sri.Shankaranarayana Udupa in Sy.No.16/3 of Challaghatta village, Kengeri Hobli, Bengaluru South Taluk, through separate registered sale deeds.
2. It is contended that the respondents have acquired the land bearing Sy.No.16/3 of Challaghatta village, Kengeri Hobli, Bengaluru South Taluk for the public purpose i.e., for formation of layout called “Nadaprabhu Kempegowda Layout” vide Notification issued under Section 17(1) & (3) of the Bangalore Development Authority Act, 1976 vide Preliminary Notification No.BDA/COM/DC(LA)/ALO/158/2008-09 dated 21.5.2008.
3. The petitioners herein appears to have filed W.P.Nos.35143-35168/2011 before this court seeking writ of mandamus to consider their representation with regard to payment of compensation amount and thereafter to pass award in their favour in respect of portions of lands in the said survey number and the said writ petitions are disposed of on 29.3.2012.
4. It is the grievance of the petitioners that despite the order passed by this Court, the respondents have not considered the request/representation of the petitioners. Hence, these writ petitions.
5. Having considered the totality of the circumstances of the case, this Court deems it appropriate to direct the respondent No.2 to consider the legal notice dated 11.5.2017 issued for disbursement of the compensation amount and accrued interest, in accordance with law. Hence, the following:
ORDER a. Writ petitions are allowed.
b. Respondent No.2 shall consider the request of the petitioners dated 11.5.2017 made through their counsel in accordance with law and shall take a decision inasmuch as the payment of compensation amount along with accrued interest to the petitioners and the same shall be communicated to the petitioners.
c. This exercise shall be done by the respondent No.2 after hearing the petitioners in an expedite manner, in any event, not later than 12 weeks from the date of receipt of certified copy of this order.
Sd/- JUDGE Dvr: