Smt. G. Rohini Prabhu vs The State Of Karnataka on 12 August, 2013

[Cites 3, Cited by 0]

Karnataka High Court

Smt. G. Rohini Prabhu vs The State Of Karnataka on 12 August, 2013

Bench: Ashok B. Hinchigeri

                                 1




     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

         DATED THIS THE 12TH DAY OF AUGUST 2013

                             BEFORE

     THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI

          WRIT PETITION NO.6314 OF 2011 (LA-BDA)

BETWEEN :

Smt.G.Rohini Prabhu,
W/o Sri K.Mohan Prabhu,
Aged about 56 years,
R/o 'Samudaya Residency',
Block-A, Kodigehalli,
Vishwaneedam Post,
Yeshwanthpura Hobli,
Magadi Main Road,
Bangalore - 560 091.                                ... Petitioner

                (By Smt. Sumana Baliga, Advocate)

AND:

1.     The State of Karnataka,
       Department of Housing
       and Urban Development,
       M.S.Building, Bangalore - 560 001.
       Represented by its Secretary.

2.     Bangalore Development Authority,
       K.P. West Extension,
       Bangalore - 560 020.
       Represented by its Commissioner.

3.     The Additional Land Acquisition Officer,
       Bangalore Development Authority,
       Bangalore - 560 020.
       Represented by its General Secretary.
                                2



4.   Smt.S.Jayamangalamma,
     Aged about 55 years,
     W/o K.M.Nanjappa,
     R/o Sy.No.94/1,
     Kodigehalli village,
     Yeshawanthpura Hobli,
     Bangalore North Taluk.                      ...Respondents

            (By Sri H.T.Narendra Prasad, AGA for R1;
             Sri A.Lokanath, Advocate for R2 and R3:
                 Petition dismissed as against R4)

      This writ petition is filed under Articles 226 and 227 of
the constitution of India praying to quash the preliminary
notification dated 21.5.2008, published in Karnataka Gazette
dated 22.5.2008 issued u/s 17(1) and (3) of the BDA Act,
1976 at Annexure-A, by the 2nd respondent in so far as to the
petitioner's schedule site is concerned and etc.

       This writ petition, coming on for preliminary hearing in
'B' group, this day, the Court made the following:

                          ORDER

Sri A.Lokanath, the learned counsel appearing for the respondent Nos. 2 and 3 has filed a memo, duly signed by himself and the Special Land Acquisition Officer, Bangalore Development Authority ('BDA' for short). The memo is taken on record. The memo states that the BDA, in its meeting has passed a resolution not to acquire the revenue sites; that the said resolution is forwarded to the Government by the BDA by its letter, dated 17.8.2011 and that the Government's decision is awaited.

2. Sri H.T.Narendra Prasad, the learned Additional Government Advocate for the first respondent State Government submits that the BDA has sent one more letter, dated 03.08.2013 furnishing the name of the site holder, site number, the extent of the site and other particulars. The said letter is received by the Government on 05.08.2013. He submits that the BDA's proposal would be considered in accordance with law. He seeks three months' time for taking a decision in the matter.

3. Recording the memo filed and the submissions made on behalf of the respondents, I dispose of this petition with a direction to the State Government to consider the BDA's proposals contained in its letters, dated 17.08.2011 and 03.08.2013 for the withdrawal of the site from acquisition in accordance with law and as expeditiously as possible and in any case within an outer limit of three months from the date of the issuance of the certified copy of today's order. The Government shall communicate its decision to the petitioner, as soon as it passes the orders.

4. All the parties are directed to maintain status-quo in respect of possession till the State Government takes a decision in the matter. Needless to observe that all the contentions are kept open.

5. No order as to costs.

Sd/-

JUDGE Cm/-

Unlock Advanced Research with PRISMAI

Karnataka High Court