IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S DIXIT W.P.NOs.9651-9653 OF 2016 (LA-BDA) & W.P.NO.9959 OF 2016 BETWEEN 1. SRI. SURESH, AGED ABOUT 47 YEARS, S/O LATE KANNAIAH NAIDU, 2. SMT. K. SUDHA, AGED ABOUT 44 YEARS, D/O KANNAIAH NAIDU, 3. SRI. M. SARASWATHY, AGED ABOUT 50 YEARS, W/O SRI. MANOHAR, D/O KANNAIAH NAIDU, ALL ARE R/AT NO. 383, "LAHARI NILAYA", 6TH CROSS, RMV 2ND STAGE, 2ND BLOCK, BANGALORE - 560 094. ... PETITIONERS (BY SRI.K SUMAN, ADVOCATE) AND 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001.
2. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, K.P. WEST, BANGALORE - 560 020.
3. THE LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, K.P. WEST, BANGALORE - 560 020. ... RESPONDENTS (BY SRI. DILDAR SHIRAHALLI, HCGP FOR R1;
SRI.G. LAKSHMEESH RAO, ADVOCATE FOR R2 & R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 15.11.2006 ISSUED BY R-2 AS PUBLISHED IN KARNATAKA GAZETTE ON 16.11.2006 I.E., ANNEX-A IN SO FAR AS IT RELATES TO THE LANDS OF THE PETITIONERS IN SY.NO.16/1B, MEASURING 01 GUNTA, SY.NO.16/2, MEASURING 19 GUNTAS, SY.NO.17, MEASURING 1 ACRE 18 GUNTAS AND SY.NO.18/1, MEASURING 1 ACRE 26 GUNTAS, SITUATED AT MARAGONDANAHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT AND ETC.
THESE WRIT PETITIONS COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R In these Writ Petitions, the Petitioners purporting to be the owners of the lands in question have assailed the acquisition process that was commenced by virtue of the Preliminary Notification dated 15.11.2006 at Annexure-A on various grounds.
2. After service of notice, the Respondent - State has entered appearance through the learned High Court Government Pleader Sri. Dildar Shiralli and the Respondent No.2 - BDA & Respondent No.3 - Land Acquisition Officer have entered appearance through their senior Panel Counsel Prof. Lakshmeesh Rao. The said Panel Counsel has placed on record a copy of the Resolution passed by the Respondent No.2 - BDA vide Subject No.338/2011 on 24.10.2011 to the effect that the lands in question are not required for the statutory scheme in question and that the said Resolution has already been forwarded for consideration of Respondent No.1 - Government for approval in accordance with law.
3. In view of the above development, these writ petitions are disposed off with a direction to the Respondent No.1 - Government to consider the said BDA Resolution for approval or otherwise, in accordance with law, without brooking delay.
4. In the event, the approval is not accorded or the Resolution is otherwise treated to the prejudice of the Petitioners, then it is open to the Petitioners to seek revival of these Writ Petitions and their disposal on merits.
No costs.
Sd/- JUDGE cbc/SJ