IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.18892-906 OF 2017 (LA-RES) BETWEEN:
1. SRI V LOHITH S/O K M VENKATESH AGED ABOUT 33 YEARS R/AT #222 NISARGA NILAYA NEAR RAILWAY GATE THINDLU MAIN ROAD KODIGEHALLI BANGALORE-506 092 2. SRI V PUNITH S/O K M VENKATESH AGED ABOUT 29 YEARS R/AT #222 NISARGA NILAYA NEAR RAILWAY GATE THINDLU MAIN ROAD KODIGEHALLI BANGALORE-506 092 3. SRI N PRAVEEN KUMAR S/O M NARAYANAPPA AGED ABOUT 34 YEARS R/AT #597 NEAR RAM MANDIR ROAD 3RD CROSS KODIGEHALLI SAHAKARANAGAR POST BANGALORE-506 092 4. SRI N MANJUNATH S/O M NARAYANAPPA AGED ABOUT 30 YEARS R/AT #597 NEAR RAM MANDIR ROAD 3RD CROSS KODIGEHALLI SAHAKARANAGAR POST BANGALORE-506 092 5. SRI N NAVEEN KUMAR S/O M NARAYANAPPA AGED ABOUT 28 YEARS R/AT #597 NEAR RAM MANDIR ROAD 3RD CROSS KODIGEHALLI SAHAKARANAGAR POST BANGALORE-506 092 6. SMT MUNITHAYAMMA W/O LATE M VEERAPPA AGED ABOUT 69 YEARS R/AT #153/614 SRI MANJUNATHA NILAY NEAR RAMAMANDIR ROAD 2ND CROSS KODIGEHALLI SAHAKARANAGAR POST BANGALORE-560 092 7. SRI VIJAYPRAKAHS V S/O LATE M VEERAPPA AGED ABOUT 36 YEARS R/AT #153/614 SRI MANJUNATHA NILAY NEAR RAMAMANDIR ROAD 2ND CROSS KODIGEHALLI SAHAKARANAGAR POST BANGALORE-560 092 8. SRI V UDAYPRAKASH S/O LATE M VEERAPPA AGED ABOUT 35 YEARS R/AT #153/614 SRI MANJUNATHA NILAY NEAR RAMAMANDIR ROAD 2ND CROSS KODIGEHALLI SAHAKARANAGAR POST BANGALORE-560 092 9. SRI V HEMANTHKUMAR S/O LATE M VEERAPPA AGED ABOUT 30 YEARS R/AT #153/614 SRI MANJUNATHA NILAY NEAR RAMAMANDIR ROAD 2ND CROSS KODIGEHALLI SAHAKARANAGAR POST BANGALORE-560 092 10. SMT AMMAYYA W/O K NARAYANASWAMY AGED ABOUT 50 YEARS R/AT HANUMAIAH BADAVANE 3RD CROSS NEAR RAILWAY GATE KODIGEHALLI SAHAKARANAGAR POST BANGALORE-560 092 11. SRI JAGADISHA R S/O LATE T RAMAIAH AGED ABOUT 42 YEARS #770 GOVT SCHOOL ROAD KODIGEHALLI SAHAKARANAGAR POST BANGALORE-560 092 12. SRI SUNDARAPPA S/O LATE NANJUNDAPPA AGED ABOUT 80 YEARS R/AT #23 BHANASHANKARINILAYA THINDLU ROAD KODIGEHALLI VIDYARANYAPURA (POST) BANGALORE-560 097 13. SMT MANJULA W/O SRINATH AGED ABOUT 35 YEARS R/AT NO.7 NEAR RAILWAY GATE THINDLU MAIN ROAD KODIGEHALLI BANGALORE-560 092 14. SRI G JAYARAM S/O LATE GOPAL AGED ABOUT 42 YEARS R/AT KODIGEHALLI YELAHANKA HOBLI BANGALORE NORTH TALUK BANGALORE-560 092 15. DR RAGHAVENDRA G S/O K T M GOOLEGOWDA AGED ABOUT 43 YEARS R/AT NO.728 NEAR RAM MANDIRA ROAD KODIGEHALLI BANGALORE-560 092 (By MR. C M DESAI, ADV.) AND:
1. THE SPL LAND ACQUISITION OFFICER BBMP N R ROAD BANGALORE-560 002 2. THE COMMISSIONER BBMP HUDSON CIRCLE BANGALORE – 560 001 3. STATE OF KARNATAKA REVENUE SECRETARIAT REP BY ITS PRINCIPAL SECRETARY M S BUILDING K R CIRCLE BANGALORE-560 002 (By MR. N JAGADESHWARA, ADV. FOR R1 & R2 MR. E S INDIRESH, AGA FOR R1) - - -
… PETITIONERS … RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO ACT IN ACCORDANCE WITH LAW, FOR ACQUISITION OF THE PETITIONER’S PROPERTIES, AS PER THE DIRECTIONS GIVEN IN W.P.NO.59657-669/2014 AND TO PAY THE PAYMENT OF COMPENSATION TO THE PETITIONERS AND TILL THEN STOP THE DIGGING OF THE EXISTING ROAD IN FRONT OF THE PETITIONERS PROPERTIES WHICH EFFECT THE RIGHTS OF THE PETITIONERS; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.C.M.Desai, learned counsel for the petitioners.
Mr.N.Jagadeshwara, learned counsel for the respondent Nos.1 and 2.
Mr.E.S.Indiresh, learned Additional Government Advocate for the respondent No.3.
2. The 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 inter alia seek a direction to the respondents to pay the compensation amount to the petitioners and till then stop digging of the existing road in front of the petitioners’ properties.
4. When the matter was taken up today, learned counsel for the petitioners submits that the petitioners be granted liberty to make a representation with regard to their claim to the respondent Nos.1 and 2.
5. In view of the aforesaid submissions, the petitions are disposed of with a direction that in case the petitioners make a representation to the respondent Nos.2 and 3 with regard to their claim, the respondent Nos.2 and 3 shall decide the claim within two months from the date of receipt of such representation. It is made clear that this Court has not expressed any opinion on the merits.
Sd/- JUDGE RV