Karnataka High Court
The Commissioner vs Sri R Adhikesavulu Naidu on 31 January, 2023
Bench: Alok Aradhe, S Vishwajith Shetty
-1-
W.A.NO.15015/2011 & CONNECTED
MATTERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JANUARY 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
WA NO.15015 OF 2011
C/W
WA No.3518/2011, WA No.17970/2011,
WA No.1469/2012, WA No.1481/2012,
WA No.2600/2012, WA No.2601/2012,
WA No.2602/2012, WA No.2603/2012,
WA No.2604/2012, WA No.2605/2012,
WA No.2606/2012, WA No.2607/2012,
Digitally signed
by D K WA No.2608/2012, WA No.2609/2012,
BHASKAR
WA No.2610/2012, WA No.2611/2012,
Location: High
Court of WA No.2612/2012, WA No.2613/2012,
Karnataka
WA No.2614/2012, WA No.2615/2012,
WA No.2616/2012, WA No.2617/2012,
WA No.925/2013, WA No.230/2015,
WA No.2087/2016, WA No.198/2021,
WA No.493/2021, WP No.30970/2010,
WP No.31832/2010, WP No.31993/2010,
WP No.2134/2011, WP No.2158/2011,
WP No.35313/2011, WP No.47155/2011,
WP No.2353/2012, WP No.2475/2012,
WP No.9869/2012, WP No.17770/2012,
WP No.18111/2012, WP No.18348/2012,
WP No.18604/2012, WP No.19197/2012,
WP No.23215/2012, WP No.23450/2012,
-2-
W.A.NO.15015/2011 & CONNECTED
MATTERS
WP No.23627/2012, WP No.24064/2012,
WP No.24377/2012, WP No.49235/2012,
WP No.15988/2013 (LA-BDA)
IN WRIT APPEAL NO.15015 OF 2011
BETWEEN:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
CHOWDAIAH ROAD, K P WEST
BANGALORE-560020.
2. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT
AUTHORITYT.CHOWDAIAH ROAD
K.P.WEST, BANGALORE-560020.
...APPELLANTS
(BY SRI. B.V. SHANKARANARAYANA RAO, ADV., FOR A1
SRI. UNNIKRISHNAN M, ADV., FOR A2)
AND:
1. SRI. R. ADHIKESAVULU NAIDU
AGED ABOUT 34 YEARS
S/O SRI. R. KRISHNAMA NAIDU
RESIDING AT SLV ENTERPRISES
ESWARA LAYOUT, KONANKUNTE
BANGALORE-560062.
2. SRI. C.R. RAM MOHAN RAJU
AGED ABOUT 38 YEARS
S/O SRI. CHENGAMA RAJU
RESIDING ATNO.23, 4TH CROSS
K.R.LAYOUT, J.P. NAGAR6TH PHASE
BANGALORE--560070.
3. SR. SRINIVASA BHAT
AGED ABOUT 45 YEARS
S/O LATE SUBRAYA BHAT .K
RESIDING ATNO.555, 10TH CROSS
14TH MAIN, PADMANABHANAGARA
BANGALORE-560070.
-3-
W.A.NO.15015/2011 & CONNECTED
MATTERS
4. SMT. KUSUMA MOORTHY
AGED ABOUT 53 YEARS
W/O SRI. B. KRISHNA MOORTHY
RESIDING AT NO. 27, PARADISE COLONY
MOTAPPA COMPOUND, PUTTENAHALLI
J.P.NAGAR 7TH PHASE, BANGALORE-560078.
5. SRI. B. RAJESH
AGED ABOUT 3 YEARS
S/O LATE MADHAVA RAO,
RESIDING AT NO.19, LAKSHMI NIVASA
BEHIND SUPRA SOUTH CITY HOSPITAL
OPP. RBI LAYOUT, 7TH PHASE
J.P.NAGAR, BANGALOR-560079.
6. SR. ARUN RAMAKUMAR
AGED ABOUT 43 YEARS
S/O R. RAMAKUMAR
RESIDING ATNO. 36/25, PAPU COTTAGE
KANAKAKPURA ROAD, BASAVANAGUDI
BANGALORE-560004
REP. BY HIS GENERAL POWER OF ATTORNEY
HOLDER SMT. SMITHA C PRASAD
AGED 32 YEARS
D/O SRI. C.S. PRASAD.
7. SMT. VASANTHI RAMAKUMAR
AGED ABOUT 67 YEARS
W/O SRI. R. RAMAKUMAR
RESIDING AT NO. 36/25, PAPU COTTAGE
KANAKAKPURA ROAD, BASAVANAGUDI BANGALORE-
560004.
8. SMT. SMITHA C PRASAD
AGED ABOUT 33 YEARS
W/O SRI. DEEPAK RAMAKUMAR
RESIDING AT NO. 36/25, PAPU COTTAGE
KANAKAKPURA ROAD, BASAVANAGUDI
BANGALORE-560004.
9. SRI. LAKSHMAPPA @ LAKSHMAIAH
S/O MOTAPPA
AGED ABOUT 69 YEARS.
-4-
W.A.NO.15015/2011 & CONNECTED
MATTERS
10. SRI. ANANDA
S/ LAKSHMAPPA @ LAKSHMAIAH
AGED ABOUT 33 YEARS.
RESPONDENTS 9 AND 10 ARE
R/AT VADDARA PALYA, KOTHANUR DAKALE,
UTTARAHALLI HOBLI, J P NAGAR 8TH PHASE
BANGALORE-560083.
11. THE STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIDHANA VEEDHI
BANGALORE.
...RESPONDENTS
(BY SRI. K. SUMAN, SR. COUNSEL FOR
SMT. NIRUPAN GOWDA, ADV., FOR R1 TO R10
SRI. B. RAJENDRA PRASAD, HCGP FOR R11)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NOS.28101-28108 AND 28612-
28613/2010 (LA-BDA) DATED 27/07/2011.
IN WRIT APPEAL NO.3518 OF 2011
BETWEEN:
1. SRI. REVANNA
S/O SRI RAMEGOWDA
AGED ABOUT 48 YEARS
R/AT.NO.2217, 5TH CROSS, 4TH MAIN
2ND BLOCK, IST FLOOR, 8TH PHASE
J P NAGAR, BANGALORE 560 083.
2. SRI. MAHESH SAI BABU
S/O. SAIBABU
AGED ABOUT 31 YEARS
R/AT.NO.767, 14TH MAIN, G K V K POST
BANGALORE 560 065.
-5-
W.A.NO.15015/2011 & CONNECTED
MATTERS
3. SMT. Y.V. SAROJA
S/O. SRI G SHIVARAJ, AGE 63 YEARS
R/AT.NO.101, IST PHASE
AISHWARYA RESIDENCY, 8TH PHASE
JAMBUSAVARI DINNE
BANGALORE 560 083.
4. SRI. G.P. SHREENATH
S/O. LATE G PADMANABHAN
AGED 69 YEARS
R/AT.NO.41, IST FLOOR, 6TH CROSS
30TH MAIN, BSK 3RD STAGE
BANGALORE 560 085.
5. SMT. G.S. VATHSALA
D/O SRI G P SREENATH
AGED 39 YEARS
R/AT.NO.41, IST FLOOR, 6TH CROSS
30TH MAIN, BSK 3RD STAG
EBANGALORE 560 085.
6. SRI. M. MUKUNDA
S/O SRI M PURUSHOTHAMA
AGED 34 YEARS
R/AT.NO.52, TUNGA, 4TH CROSS
21ST MAIN, R K COLONY, 2ND PHASE
J P NAGAR, BANGALORE 560 078.
7. SRI. SUNIL JOSEPH D SOUZA
S/O SRI ANTHONY D SOUZA
AGED 33 YEARS
R/AT D"SOUZA VILLA PARADISE
NEAR BRIDGE, SHIRTHADY
MANGALORE, T.K.D.K DISTRICT.
8. SRI. A. NARAYANA REDDY
AGED 36 YEARS
S/O A GURAPPA
SMT. VANITHA
W/O SRI A NARAYANA REDDY
R/AT.NO.17, IST FLOOR
MAHALAKSHMI NILAYA
ANJANEYA TEMPLE STREET
SRI MARUTHINAGAR,YADALAM NAGAR
-6-
W.A.NO.15015/2011 & CONNECTED
MATTERS
BANGALORE 560 061.
9. SRI. DEEPAK C M
S/O SRI C M MAHADEVAIAH
AGED 29 YEARS
R/AT.NO.1316/3, 9TH CROSS
J P NAGAR, 2ND PHASE
BANGALORE 560 078.
10. SMT. NASEEM ALI
W/O SRI HAZEE K S ALI
AGED ABOUT 39 YEARS
R/AT NO.45/46, 3RD CROSS
3RD MAIN, ASTHA LAKSHMI LAYOUT
PUTTENAHALLI 7TH PHASE
J.P NAGAR, BANGALORE560078.
11. SRI. K. PRADEEP
S/O SRI. A. RAMESHA
AGED 32 YEARS
R/AT.NO.258, IST MAIN ROAD
CHAMARAJPET, BANGALORE 560 018.
...APPELLANTS
(BY SRI. K. SUMAN, SR. COUNSEL FOR
SRI. NIRUPAN GOWDA, ADV.,)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF HOUSING &
URBAN DEVELOPMENT, VIDHANA SOUDHA
BANGALORE 560 001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
-7-
W.A.NO.15015/2011 & CONNECTED
MATTERS
4. THE COMMISSIONER
BBMP
BANGALORE.
5. THE INSPECTOR OF POLICE
SUBRAMANYAPURA POLICE STATION
UTTARAHALLI, BANGALORE SOUTH.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1 & R5
SRI. T.P. RAJENDRA KUMAR SUNGAY, ADV., FOR R2 & R3
SRI. B.V. MURALIDHAR, ADV., FOR R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.31816-31831/2010 (LA-
BDA) DATED 21/03/2011.
IN WRIT APPEAL NO.17970 OF 2011
BETWEEN:
1. DR. H.V. MADHUSUDHAN
S/O DR. H.G. VIJAYENDRA
AGED 38 YEARS
R/AT NO. 42, 6TH MAIN,5TH BLOCK
JAYANAGAR, BANGALORE-560041.
...APPELLANT
(BY SRI. MAHESH, ADV.,)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF HOUSING & URBAN
DEVELOPMENT, VIDHANA SOUDHA
BANGALORE-560001.
-8-
W.A.NO.15015/2011 & CONNECTED
MATTERS
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE-560020.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE-560001.
4. THE COMMISSIONER
BRUHATH BANGALORE MAHANAGARA PALIKE
BANGALORE-560001.
5. THE INSPECTOR OF POLICE
SUBRAMANYAPURA POLICE STATION
UTTARAHALLI, BANGALORE SOUTH.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. T.P. RAJENDRA KUMAR SUNGAY, ADV., FOR R3
SRI. H. DEVENDRAPPA, ADV., FOR R4
R5 SERVED)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.31974-992/2010 (LA-BDA)
DATED 01/06/2011.
IN WRIT APPEAL NO.1469 OF 2012
BETWEEN:
1. SRI. SRIDHAR S
S/O SRI K S K SUBRAMANAYAM SETTY
AGED ABOUT 36 YEARS
R/AT NO.347, SHUBHALAYA, 5TH MAIN
2ND CROSSV, IJAYANAGAR BANGALORE-560040.
2. SRI J SAMBASIVA SASTRY
S/O J L R SARMA
AGED ABOUT 51 YEARS
R/AT NO.337, 1 FLOOR, 3RD MAIN
3RD PHASE, J P NAGAR
BANGALORE-560078.
-9-
W.A.NO.15015/2011 & CONNECTED
MATTERS
3. SRI S K UMESH KUMAR
S/O SRI S KUMARESH
AGED ABOUT 40 YEARS
R/AT NO.57, 3RD CROSS, 24TH MAIN
MANJUNATHA COLONY, J P NAGAR
BANGALORE-560078.
4. SRI J P VINUTHA
W/O SRI J S PRASANNA KUMAR
AGED ABOUT 43 YEARS
R/AT NO.G-2, MEENAKSHI MANOR1
0TH D MAIN, JAYANAGAR I BLOCK
BANGALORE-560011.
5. SRI ANJI REDDY
S/O SRI J NARASA REDDY
AGED ABOUT 45 YEARS.
6. SMT J VIJAYALAKSHMI
W/O J ANJI REDDY
AGED ABOUT 37 YEARS.
NOS.5 & 6 ARE R/AT NO.442-A
BEML LAYOUT14TH CROSS, 11TH MAIN,
TUBARAHALLI, BANGALORE-560066.
7. DR H V MADHUSUDAN
S/O SRI DR H G VIJAYENDRA
AGED ABOUT 38 YEARS
R/AT NO.42, 6TH MAIN, 5TH BLOCK
JAYANAGAR, BANGALORE-560011.
8. SRI KUMAR PATTIM
S/O SRI P KRISHNAIAH
AGED ABOUT 40 YEARS
R/AT NO.210, 4TH MAIN ROAD
16TH CROSS, EAST MALLESHWARAM
BANGALORE-560055.
9. SMT SAVITHA RAJAPPA
W/O SRI SHEKAR PATTIM
AGED ABOUT 38 YEARS
R/AT NO.145/3, 4TH MAIN ROAD
GOVINDARAJANAGA, RBANGALORE-560040.
- 10 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
10. SMT PADMINI RAMACHANDRA
W/O SRI KUMAR PATTIM
AGED ABOUT 36 YEARS
R/AT NO.210, 4TH MAIN16TH CROSS
EAST MALLESHWARAM, BANGALORE-560055.
11. SRI SHIVAKUMAR GOUD
S/O SRI KANASWAMI H GOUD
AGED ABOUT 38 YEARS
R/AT MULEGUND HOUSING COLONY
BANAVASI ROAD, SIRSI-581401.
12. SRI AFTAB D PATEL
S/O SRI LATE DASTAGIR P PATEL
AGED ABOUT 47 YEARS
R/AT C/O DR S M YADGIR, HAFEEZ MANZIL
OPP CORPORATION QUARTERS
GANESHPET, HUBLI-580020.
...APPELLANTS
(BY SRI. K. SUMAN, SR. COUNSEL FOR
SRI. NIRUPAN GOWDA, ADV.,)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF HOUSING & URBAN
DEVELOPMENT
VIDHANA SOUDHA, BANGALORE-560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE-560020.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE-560020.
4. THE COMMISSIONER
BBMP
BANGALORE-560001.
5. THE INSPECTOR OF POLICE
- 11 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
SUBRAMANYAPURA POLICE STATION
UTTARAHALLI, BANGALORE SOUTH.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1 & R5
NOTICE NOT ORDERED IN R/O R2-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.31974-992/2010 (LA-BDA)
DATED 01/06/2011.
IN WRIT APPEAL NO.1481 OF 2012
BETWEEN:
1. SRI. SATISH RAMA RAO
AGED ABOUT 40 YEARS
S/O SRI G RAMA RAO
R/AT NO.1356, GROUND FLOOR
OUT HOUSE, 18TH A MAIN, 2ND PHASE
J P NAGAR, BANGALORE 560 078.
2. SRI B LAKSHMAN
AGED 55 YEARS
S/O LATE BYRAPPA R
R/AT NO.1/1, ASHRAYA, 3RD CROSS
ANJINEYA TEMPLE ROAD, NAGASANDRA
(T R NAGARA), BANGALORE 560 028.
3. SMT R NAGARATHNA
AGED 45 YEARS
W/O B LAKSHMAN
R/AT NO.1/1, ASHRAYA 3RD CROSS
ANJINEYA TEMPLE ROAD
NAGASANDRA (T R NAGARA)
BANGALORE 560 028.
4. SMT MANCHIKANTI SRINIVASALU
AGED 64 YEARS
D/O SRI M PULLAIAH SHETTY
R/AT NO.188, 1ST CROSS, 1ST MAIN
DATTATREYA EXTN, K G NAGAR
CHAMARAJPET, BANGALORE 560 019.
- 12 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
5. SMT KATTA LAKSHMI
AGED 34 YEARS
D/O SRI KATTA KRISHNA MOHAN
R/AT PLOT NO.726, VASANTHANAGAR
KUKATPALLI, HYDERABAD (A P ).
6. SRI ANAND D BAREGAR
AGED 40 YEARS
S/O MR M DRUVA V BAREGAR
R/AT NO.14, 2ND FLOOR, PAPAYGOWDA STREET
A T HALLI, SHANTHINAGAR, BANGALORE 560 027
REP. BY HIS GPA HOLDER
SRI. K.S. ALI
AGED ABOUT 44 YEARS
S/O ALI.
7. SMT SEEMA R
AGED 36 YEARS
D/O RANGEGOWDA
R/AT NO.149, 4TH CROSS, LOWER PALACE ARCHES,
SADASHIVANAGAR, BANGALORE.
8. SMT RESHMA BANU
AGED 37 YEARS
S/O SRI SYED BABU
R/AT NO.7, RAMANNA ROAD 23RD MAIN ROAD
5TH PHASE, AYODYANAGARA, AJ P NAGAR
BANGALORE 560 078.
...APPELLANTS
(BY SRI. K. SUMAN, SR. COUNSEL FOR
SRI. NIRUPAM GOWDA, ADV.,)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF HOUSING & URBAN
DEVELOPMENT, VIDHAN SOUDHA
BANGALORE 560 001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHROITY
KUMARA PARK WEST, BANGALORE -560020.
- 13 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHROITY
KUMARA PARK WEST, BANGALORE -560020.
4. THE COMMISSIONER
BBMP
BANGALORE -560001.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
NOTICE NOT ORDERED IN R/O R2-R5)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION 2146-57/11 DATED 5/9/11.
IN WRIT APPEAL NO.2600 OF 2012
BETWEEN:
1. SMT. SHANTHA NAIDU
W/O SRI C. SUBRAMANYA NAIDU
AGED 47 YEARS
R/O NO.17, 1ST MAIN ROAD, BRINDAVAN NAGAR
BANGALORE-560019.
...APPELLANT
(BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI. H.N. BASAVARAJU, ADV.,)
AND:
1. STATE OF KARNATAKA BY ITS SECRETARY
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, M.S. BUILDING
BANGALORE560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
- 14 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
4. THE EXECUTIVE ENGINEER
SOUTH DIVISION BDA OFFICE
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. MURUGESH V. CHARATI, ADV., FOR R2-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION 6566/11 DATED 6/2/12.
IN WRIT APPEAL NO.2601 OF 2012
BETWEEN:
1. SRI. K. SUBRAMANI
S/O SRI KANNAIAH SHETTY
AGED 45 YEARS
R/O NO.6 AND 9,11TH CROSS
INDIRANAGARA, WEST OF CHORD ROAD
RAJAJINAGARA, BANGALORE.
...APPELLANT
(BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI. H.N. BASAVARAJU, ADV.,)
AND:
1. STATE OF KARNATAKA BY ITS SECRETARY
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, M.S. BUILDING
BANGALORE560001.
- 15 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
4. THE EXECUTIVE ENGINEER
SOUTH DIVISION BDA OFFICE
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. MURUGESH V. CHARATI, ADV., FOR R2-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.6567/2011 (LA-BDA)
DATED 05/09/2011.
IN WRIT APPEAL NO.2602 OF 2012
BETWEEN:
1. SRI. E.K. SRIDHAR
S/O SRI E KONDAIAH
AGED 36 YEARS
R/O NO.1300, 20TH MAIN, 9TH CROSS
J P NAGAR II PHASE, BANGALORE 560 078.
...APPELLANT
(BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI. H.N. BASAVARAJU, ADV.,)
AND:
1. STATE OF KARNATAKA BY ITS SECRETARY
DEPARTMENT OF HOUSING AND URBAN
- 16 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
DEVELOPMENT, M S BUILDING
BANGALORE 560 001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMAR PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISTION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
4. THE EXECUTIVE ENGINEER
SOUTH DIVISION OFFICE AT
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. BHEEMSEN METI &
SRI. VACHAN B, ADVS FOR R2-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION 6559/11 DATED 9/9/11.
IN WRIT APPEAL NO.2603 OF 2012
BETWEEN:
1. SRI. V.J. SAI KUMAR
S/O SRI. V.S. JAGADEESHAN
AGED ABOUT 62 YEARS
R/O NO.158, 29TH CROSS, 17TH MAIN
BSK II STAGE, BANGALORE-560070.
...APPELLANT
(BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI. H.N. BASAVARAJU, ADV.,)
- 17 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AND:
1. STATE OF KARNATAKA BY ITS SECRETARY
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENTM M S BUILDING
BANGALORE.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISTION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
BANGALORE.
4. THE EXECUTIVE ENGINEER
SOUTH DIVISION OFFICE AT
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. MURUGESH V. CHARATI, ADV., FOR R2-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.6568/2011 (LA-BDA)
DATED 08/09/2011.
IN WRIT APPEAL NO.2604 OF 2012
BETWEEN:
1. SMT. PADMASHREE
W/O SRI C K CHADNRASHEKHAR
AGED 42 YEARS
R/O NO. 40/4, 8TH CROSS, 6TH MAIN
MALLESWARAM, BANGALORE-03.
...APPELLANT
(BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI. H.N. BASAVARAJU, ADV.,)
- 18 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AND:
1. STATE OF KARNATAKA BY ITS SECRETARY
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, M S BUILDING
BANGALORE.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WES, TBANGALORE.
3. THE SPECIAL LAND ACQUISTION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
BANGALORE.
4. THE EXECUTIVE ENGINEER
BANGALORE DEVELOPMENT AUTHORITY
SOUTH DIVISION BDA OFFICE
BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. MURUGESH V. CHARATI, ADV., FOR R2-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.6560/2011 (LA-BDA)
DATED 05/09/2011.
IN WRIT APPEAL NO.2605 OF 2012
BETWEEN:
1. DR. R. NARAHARI
AGED ABOUT 44 YEARS
S/O SRI. RAMACHANDRACHARI
R/O BIDARAKERE, S.D.KOTE POST
HIRIYUR TALUK, CHITRADURGA DIST-577545.
...APPELLANT
(BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI. H.N. BASAVARAJU, ADV.,)
- 19 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AND:
1. STATE OF KARNATAKA BY ITS SECRETARY
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, M.S.BUILDING
BANGALORE-560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
4. THE EXECUTIVE ENGINEER
SOUTH DIVISION OFFICE AT
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. K.N. PUTTE GOWDA, ADV., FOR R2-R4
SRI. T.P. RAJENDRA KUMAR SUNGAY, ADV., FOR R3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION 6569/11 DATED 5/9/11.
IN WRIT APPEAL NO.2606 OF 2012
BETWEEN:
1. SMT. LAKSHMY R
W/O SRI. V BALARAMAN
AGED 52 YEARS
R/O 22, 2ND CROSS, MANJUNATHANAGAR
MAGADI MAIN ROAD, BANGALORE-23.
...APPELLANT
(BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI. H.N. BASAVARAJU, ADV.,)
- 20 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AND:
1. STATE OF KARNATAKA BY ITS SECRETARY
DEPARTMENT OF HOUSING AND URBAN,
DEVELOPMENT, M S BUILDING
BANGALORE.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISTION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
BANGALORE.
4. THE EXECUTIVE ENGINEER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. M.V. CHARATI, ADV., FOR R2-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.6561/2011 (LA-BDA)
DATED 05/09/2011.
IN WRIT APPEAL NO.2607 OF 2012
BETWEEN:
1. SMT. KALAMMA
D/O SRI. MUNINANJAPPA
AGED ABOUT 41 YEARS
R/O 1/2 SHWETHA NILAYA
MOUNTAIN ROAD, 1ST BLOCK
JAYANAGARA, BANGALORE.
...APPELLANT
(BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI. H.N. BASAVARAJU, ADV.,)
- 21 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AND:
1. STATE OF KARNATAKA BY ITS SECRETARY
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, M S BUILDING
BANGALORE.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISTION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
BANGALORE.
4. THE EXECUTIVE ENGINEER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. MURUGESH V. CHARATI, ADV., FOR R2-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.6562/2011 (LA-BDA)
DATED 05/09/2011.
IN WRIT APPEAL NO.2608 OF 2012
BETWEEN:
1. SRI. KESHAVA V. PRABHU
S/O SRI VENKATESH
AGED ABOUT 52 YEARS
R/O MUNISWAMAPPA COMPOUND
APPU RAO ROAD, CHAMRAJA PET
BANGALORE-560018.
...APPELLANT
(BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI. H.N. BASAVARAJU, ADV.,)
- 22 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AND:
1. STATE OF KARNATAKA BY ITS SECRETARY
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, M S BUILDING
BANGALORE.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISTION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
BANGALORE.
4. THE EXECUTIVE ENGINEER
BANGALORE DEVELOPMENT AUTHORITY
SOUTH DIVISION BDA OFFICE
KUMARA PARK WEST, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. MURUGESH V. CHARATI, ADV., FOR R2-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION 6563/11 DATED 5/9/11.
IN WRIT APPEAL NO.2609 OF 2012
BETWEEN:
1. SMT. T.S. RATHNA
W/O SRI. T.S. SUDAKAR
AGED ABOUT 47 YEARS
R/O 224, C T ROAD, POLICE STATION ROAD
T R NAGAR BANGALORE.
...APPELLANT
(BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI. H.N. BASAVARAJU, ADV.,)
- 23 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AND:
1. STATE OF KARNATAKA BY ITS SECRETARY
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, M S BUILDING, BANGALORE
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISTION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
BANGALORE.
4. THE EXECUTIVE ENGINEER
BANGALORE DEVELOPMENT AUTHORITY
SOUTH DIVISION BDA OFFICE
KUMARA PARK WEST, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. MURUGESH V. CHARATI, ADV., FOR R2-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.6564/2011 (LA-BDA)
DATED 05/09/2011.
IN WRIT APPEAL NO.2610 OF 2012
BETWEEN:
1. SMT. ANANDHI
W/O SRI V.J. SAIKUMAR
AGED 53 YEARS
R/O 158, 29TH CROSS,17TH MAIN
BSK II STAGE, BANGALORE-560070.
...APPELLANT
(BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI. H.N. BASAVARAJU, ADV.,)
- 24 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AND:
1. STATE OF KARNATAKA BY ITS SECRETARY
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, M.S. BUILDING
BANGALORE560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
4. THE EXECUTIVE ENGINEER
SOUTH DIVISION OFFICE AT
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. MURUGESH V. CHARATI, ADV., FOR R2-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.6570/2011 (LA-BDA)
DATED 05/09/2011.
IN WRIT APPEAL NO.2611 OF 2012
BETWEEN:
1. SRI. MAHANANDA .V
S/O LATE SRI. ANGADI VEERANNA
AGED ABOUT 69 YEARS
R/O NO.51, 11TH A MAIN,13TH CROSS
4TH T BLOCK, BANGALORE-560011.
...APPELLANT
(BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI. H.N. BASAVARAJU, ADV.,)
- 25 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AND:
1. STATE OF KARNATAKA BY ITS SECRETARY
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, M S BUILDING
BANGALORE.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISTION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
BANGALORE.
4. THE EXECUTIVE ENGINEER
SOUTH DIVISION OFFICE AT
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. K.N. PUTTEGOWDA, ADV., FOR R2-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION 6565/11 DATED 6/2/12.
IN WRIT APPEAL NO.2612 OF 2012
BETWEEN:
1. SMT. V. SHAILAJA
W/O SRI. V SAMPA MURTHY
AGED ABOUT 42 YEARS
R/O NO.24, B R ROAD, KHATHRAGUPPA
MAIN ROAD, BSK III STAGE
BANGALORE-560085.
...APPELLANT
(BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI. H.N. BASAVARAJU, ADV.,)
- 26 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AND:
1. STATE OF KARNATAKA BY ITS SECRETARY
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, M S BUILDING
BANGALORE.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISTION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PRAK WEST, BANGALORE.
4. THE EXECUTIVE ENGINEER
BANGALORE DEVELOPMENT AUTHORITY
SOUTH DIVISION OFFICE AT BDA
KUMARA PARK WEST, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. MURUGESH V. CHARATI, ADV., FOR R2-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION 6571/11 DATED 6/2/12.
IN WRIT APPEAL NO.2613 OF 2012
BETWEEN:
1. SMT. H. SAVITHRAMMA
W/O SRI. S. SHANKARAPPA
AGED 43 YEARS
R/O 971, 25TH MAIN ROAD, 8TH CROSS
SRINAGAR, BANGALORE.
...APPELLANT
(BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI. H.N. BASAVARAJU, ADV.,)
- 27 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AND:
1. STATE OF KARNATAKA BY ITS SECRETARY
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, M.S. BUILDING
BANGALORE560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
4. THE EXECUTIVE ENGINEER
BANGALORE DEVELOPMENT AUTHORITY
SOUTH DIVISION BDA OFFICE
KUMARA PARK WEST, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. MURUGESH V. CHARATI, ADV., FOR R2-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.6572/2011 (LA-BDA)
DATED 05/09/2011.
IN WRIT APPEAL NO.2614 OF 2012
BETWEEN:
1. SRI. DAMODAR
S/O SRI. M. PATIMA NAIDU
AGED ABOUT 42 YEARS
R/O NO.1415, 4TH CROSS
BSK I STAGE
BANGALORE-560050.
...APPELLANT
(BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI. H.N. BASAVARAJU, ADV.,)
- 28 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AND:
1. STATE OF KARNATAKA BY ITS SECRETARY
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, M S BUILDING
BANGALORE.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISTION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
BANGALORE.
4. THE EXECUTIVE ENGINEER
SOUTH DIVISION OFFICE AT
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. MURUGESH V. CHARATI, ADV., FOR R2-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION 6574/11 DATED 8/9/11.
IN WRIT APPEAL NO.2615 OF 2012
BETWEEN:
1. SRI. THILAKA KRISHNA MURTHY
W/O SRI. B S KRISHNA MURTHY
AGED ABOUT 67 YEARS
R/O NO.2 19TH MAIN MUNESHWARA BLOCK
GIRINAGAR, BANGALORE-560085.
...APPELLANT
(BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI. H.N. BASAVARAJU, ADV.,)
- 29 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AND:
1. STATE OF KARNATAKA BY ITS SECRETARY
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, M S BUILDING
BANGALORE.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
BANGALORE.
4. THE EXECUTIVE ENGINEER
BANGALORE DEVELOPMENT AUTHORITY
SOUTH DIVISION BDA OFFICE
BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. MURUGESH V. CHARATI, ADV., FOR R2-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.6575/2011 (LA-BDA)
DATED 05/09/2011.
IN WRIT APPEAL NO.2616 OF 2012
BETWEEN:
1. SMT. MADHURI G
W/O SRI G KRISHNA KISHOR
AGED 46 YEARS
R/O NO 17/13 83/D-13, 6TH CROSS
KATHRIGUPPA BSK III STAGE
BANGALORE 560 003.
...APPELLANT
- 30 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
(BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI. H.N. BASAVARAJU, ADV.,)
AND:
1. STATE OF KARNATAKA BY ITS SECRETARY
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, M S BUILDING
BANGALORE 560 001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMAR PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISTION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
4. THE EXECUTIVE ENGINEER
BANGALORE DEVELOPMENT AUTHORITY
SOUTH DIVISION BDA OFFICE
KUMARA PARK WEST, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. MURUGESH V. CHARATI, ADV., FOR R2-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.6576/2011 (LA-BDA)
DATED 06/02/2012.
IN WRIT APPEAL NO.2617 OF 2012
BETWEEN:
1. SMT. SHYLAJA B S
D/O SRI M SRINIVAS
AGED 34 YEARS
R/O 249, 4TH CROSS
HANUMANTHANAGAR
BANGALORE
...APPELLANT
- 31 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
(BY SRI. M.R. RAJAGOPAL, SR. COUNSEL FOR
SRI. H.N. BASAVARAJU, ADV.,)
AND:
1. STATE OF KARNATAKA BY ITS SECRETARY
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, M S BUILDING
BANGALORE 560 001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMAR PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISTION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
4. THE EXECUTIVE ENGINEER
SOUTH DIVISION OFFICE AT
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. MURUGESH V. CHARATI, ADV., FOR R2-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION 6577/11 DATED 5/9/11.
IN WRIT APPEAL NO.925 OF 2013
BETWEEN:
1. BANGALORE DEVELOPMENT AUTHORITY
SANKEY ROAD, BANGALORE-560 020,
REP.BY ITS COMMISSIONER.
2. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
SANKEY ROAD, BANGALORE-560 020.
...APPELLANTS
- 32 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
(BY SRI. RAJENDRA KUMAR SUNGAY T.P. ADV.,)
AND:
1. SRI. B. NARAYANA REDDY
S/O LATE BASAPPA REDDY
AGED ABOUT 66 YEARS
R/AT C1-15/2, KOTHANUR VILLAGE,
UTTARAHALLI HOBLI,
J.P.NAGAR 8TH PHASE
BANGALORE.560078.
2. SMT. VANAJA NARAYANA REDDY
D/O NARAYANA REDDY,
AGED ABOUT 56 YEARS,
R/AT NO.4C1,-15/2, KOTHANUR VILLAGE,
UTTARAHALLI HOBLI,
J.P.NAGAR 8TH PHASEE,
BANGALORE.560078.
3. SRI. B. VENKATESH
S/O LATE BASAPPA REDDY
AGED ABOUT 66 YEARS
R/AT NO.717/1, VINAYAKA ROAD,
SHARADAMMA GARDEN
BENDRE NAGAR, BANGALORE-560 070.
4. SRI. N. RAJESH
S/O LATE BASAPPA REDDY
AGED ABOUT 40 YEARS
R/AT 4C2-15/2, KOTHANUR VILLAGE
UTTARAHALLI HOBLI, J.P.NAGAR 8TH PHASE
BANGALORE-560078.
5. SRI. MUNIREDDY
S/O LATE MUNISWAMY REDDY
AGED ABOUT 55 YEARS
R/AT 4-3:14-2, KOTHANUR VILLAGE
BANGALORE SOUTH TALUK
UTTARAHALLI HOBLI, J.P.NAGAR
8TH PHASE, BANGALORE-560078.
6. SRI. NARASIMHA REDDY
S/O LATE Y.L.RAMAREDDY
- 33 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AGED ABOUT 64 YEARS,
R/AT NO.19, 4TH CROSS,
7TH BLOCK, JAYANAGAR,
BANGALORE-560 082.
7. SMT. LAKSHMIDEVI
W/O LATE RAMAREDDY,
AGED ABOUT 78 YEARS,
R/AT NO.3-1, 14-2, KOTHANUR VILLAGE,
BANGALORE SOUTH TALUK,
UTTARAHALLI HOBLI,
J.P.NAGAR 8TH PHASE,
BANGALORE.560078.
8. SMT. GEETHA GANESH
W/O GANESH BABU
AGED ABOUT 46 YEARS
R/AT NO.3-2, 14-2, KOTHANUR VILLAGE,
UTTARAHALLI HOBLI,
J.P.NAGAR 8TH PHASE,
BANGALORE.560078.
9. SMT. H. ARCHANA
D/O SRI.SHANKAR REDDY,
AGED ABOUT 38 YEARS,
R/AT NO.65-1, 14-1,
KOTHANUR VILLAGE,
UTTARAHALLI HOBLI,
J.P.NAGAR 8TH PHASE,
BANGALORE.560078.
10. SRI. NITHYANANDA REDDY
S/O RAMAREDDY,
AGED ABOUT 58 YEARS,
R/AT NO.68, 14-1,
KOTHANUR VILLAGE
BANGALORE SOUTH TALUK,
UTTARAHALLI HOBLI,
J.P.NAGAR 8TH PHASE,
BANGALORE.560078.
11. SRI. R. RAJU
S/O RAMAREDDY,
AGED ABOUT 55 YEARS,
- 34 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
R/AT NO.67, 14-1,
KOTHANUR VILLAGE
BANGALORE SOUTH TALUK,
UTTARAHALLI HOBLI,
J.P.NAGAR 8TH PHASE,
BANGALORE-560078.
12. SRI. GANESH BABU
S/O LATE RAMAREDDY,
AGED ABOUT 50 YEARS,
R/AT NO.69, 14-1,
KOTHANUR VILLAGE
BANGALORE SOUTH TALUK,
UTTARAHALLI HOBLI,
J.P.NAGAR 8TH PHASE,
BANGALORE-560078.
13. SMT. G. INDRANI
W/O R. RAJU,
AGED ABOUT 45 YEARS,
R/AT NO.66, 14-1,
KOTHANUR VILLAGE
BANGALORE SOUTH TALUK,
UTTARAHALLI HOBLI,
J.P.NAGAR 8TH PHASE,
BANGALORE-560078.
14. THE STATE OF KARNATAKA
REP.BY THE PRINCIPAL SECRETARY TO
URBAN DEVELOPMENT DEPARTMENT,
VIDHANA SOUDHA, BANGALORE-560 001.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R14
SRI. A. SHIVARAMA, ADV., FOR R1-R4
R6 SERVED
V/O DTD:27.1.2015 NOTICE TO R5, R7, R13 ARE H/S)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.40202-214/2010 (LA-BDA)
DATED 27/09/2012.
- 35 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
IN WRIT APPEAL NO.230 OF 2015
BETWEEN:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T.CHOWDAIAH ROAD
KUMARA PARK WEST
BANGALORE 560 020.
2. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD, K.P. WEST,
BANGALORE-560 020.
...APPELLANTS
(BY SRI. M.V. CHARATI, AD.,)
AND:
1. GOVERNMENT OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI,
BANGALORE-560 001.
REPRESENTED BY ITS SECRETARY.
2. SRI. B.VENKATESH
S/O LATE Y.L. BASAPPA REDDY
AGED ABOUT 55 YEARS,
R/AT NO.82, 11TH MAIN
14TH CROSS, SECTOR VI,
HSR LAYOUT, BANGALORE-560 102.
3. SMT. RAJESHWARI
D/O MUNISWAMY REDDY,
AGED ABOUT 49 YEARS,
R/O NO.7/1, VINAYAKA ROAD,
SHARADAMMA GARDEN,
BENDRE NAGAR, BANGALORE-560 082.
4. SRI. PRAVEEN N
S/O B. NARAYANA REDDY
AGED ABOUT 36 YEARS,
R/O NO.235, 32ND CROSS,
- 36 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
2ND MAIN, JAYANAGAR,
7TH BLOCK, BANGALORE-71.
5. SMT. R. KAMALA
W/O SRI. KRISHNA REDDY
AGED ABOUT 54 YEARS,
R/O NO.14/82, M.I.G. FLATS,
C BLOCK, DOMLUR 2ND STAGE,
BANGALORE-70.
6. SMT. VIDYAVATHI
W/O NITHAYANADA
AGED ABOUT 52 YEARS,
R/O 60/5, NORTH MAIN ROAD,
YEDIYUR, JAYANAGAR 4TH BLOCK
BANGALORE -82.
7. SMT. M. HEMAVATHI
W/O LATE R. SHANKAR REDDY
AGED ABOUT 59 YEARS,
R/O NO.7, NORTH MAIN ROAD,
3RD CROSS, YEDIYUR,
JAYANAGAR 6TH BLOCK,
BANGALORE-560 102.
8. SMT. R. VIMALA
W/O M. VENUGOPAL
AGED ABOUT 47 YEARS,
NO.278, 28TH MAIN,
8TH CROSS, 1ST SECTOR,
HSR LAYOUT BANGALORE-78.
9. SMT. PUSHPA
W/O LATE B.N. MURTHY,
AGED ABOUT 41 YEARS,
R/O NO.6, KOTHANUR VILLAGE,
J.P. NAGAR 8TH PHASE,
BANGALORE SOUTH TALUK,
BANGALORE-78.
10. SRI. N. NAVEEN
S/O B.N. MURTHY
AGED ABOUT 42 YEARS,
R/O NO.3, KOTHANUR VILLAGE,
- 37 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
J.P. NAGAR 8TH PHASE,
BANGALORE SOUTH TALUK
BANGALORE-81.
11. SRI. SUNIL
S/O B.N.MURTHY
AGED ABOUT 43 YEARS
R/O NO.6, ANJANEYA TEMPLE STREET,
YEDIYUR, BANGALORE-78.
12. SMT. JAYALAKSHMI C. AYYAR.
VCO DATED 18.03.2019 APPEAL IS DISMISSED
AS AGAINST R12
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. A. SHIVARAMA, ADV., FOR R2-R11
R6 SERVED
V/O DTD:18.3.2019 APPEAL DISMISSED AGAINST R12)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.26701-711/2013 &
30822/2013 DATED 4/2/2014.
IN WRIT APPEAL NO.2087 OF 2016
BETWEEN:
1. BANGALORE DEVELOPMENT AUTHORITY
T.CHOWDAIAH ROAD
KUMARA PARK WEST
BANGALORE-560020
(REPRESENTED BY ITS COMMISSIONER).
2. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T.CHOWDAIAH ROAD KUMARA PARK WEST
BANGALORE-560020.
...APPELLANTS
(BY SRI. M.V. CHARATI, ADV.,)
- 38 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF HOUSING & URBAN
DEVELOPMENT, M.S.BUILDING,
BANGALORE-560 001.
2. SMT. MUNILAKSHMAMMA
D/O LATE K MUNIYAPPA
AGED ABOUT 45 YEARS,
R/AT SITE NO.11, MUNESHWARA LAYOUT
J.P.NAGAR 8TH PHASE,
2ND BLOCK NEAR ROYAL COUNTY
JUMBO SAVARI DINNE
BANGALORE-560 083.
3. SRI SOMASHEKAR
S/O SRINIVAS
AGED ABOUT 23 YEARS,
R/AT NO.11, MUNESHWARA LAYOUT,
J.P.NAGAR 8TH PHASE
2ND BLOCK NEAR ROYAL COUNTY
JUMBO SAVARI DINNE, BANALORE-560 083.
4. SMT. JAYAMMA
W/O LATE K.MUNIYAPPA
AGED ABOUT 66 YEARS,
R/AT NO.10, MUNESHWARA LAYOUT,
J.P.NAGAR 8TH PHASE
2ND BLOCK NEAR ROYAL COUNTY
JUMBO SAVARI DINNE, BANALORE-560 083.
5. SRI JANARDHAN
S/O LATE K.MUNIYAPPA
AGED ABOUT 42 YEARS,
R/AT NO.10, MUNESHWARA LAYOUT,
J.P.NAGAR 8TH PHASE
2ND BLOCK NEAR ROYAL COUNTY
JUMBO SAVARI DINNE, BANALORE-560 083.
6. SMT. RATHNAMMA
W/O SRI K.JANARDHAN
AGED ABOUT 39 YEARS,
- 39 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
R/AT NO.10, MUNESHWARA LAYOUT,
J.P.NAGAR 8TH PHASE
2ND BLOCK NEAR ROYAL COUNTY
JUMBO SAVARI DINNE, BANALORE-560 083.
7. SRI JAGADISH
W/O SRI K.JANARDHAN
AGED ABOUT 20 YEARS,
R/AT NO.10, MUNESHWARA LAYOUT,
J.P.NAGAR 8TH PHASE
2ND BLOCK NEAR ROYAL COUNTY
JUMBO SAVARI DINNE, BANALORE-560 083.
8. SRI PASTOR SELVAN .G
S/O SRI GOVINDARAJ .S
AGED ABOUT 44 YEARS,
R/AT #142, JP NAGAR,
8TH PHASE, MUNESHWARA LAYOUT
BANGALORE-560 083.
9. SMT. VENKATALAKSHMAMMA
W/O SANJEEVAPPA
AGED ABOUT 57 YEARS,
R/AT SITE NO.24, MUNESHWARA LAYOUT
J P NAGAR 8TH PHASE,
2ND BLOCK NEAR ROYAL COUNTY
JUMBO SAVARI DINNE, BANGALORE-560 083.
10. SMT. VEENA DEVI.S.V.
W/O A RAJENDRA BABU
AGED ABOUT 63 YEARS,
R/AT #151, 1ST CROSS,
PRIYADARSHINI LAYOUT,
NAGRABHAVI MAIN ROAD
BANGALORE-560 072.
11. SMT. PUTTATHAYAMMA
W/O SRI JADIYAPPA
AGED ABOUT 63 YEARS,
R/AT NO.33, MUNESHWARA LAYOUT
J.P.NAGAR 8TH PHASE
2ND BLOCK, NEAR ROYAL COUNTY
JUMBO SAVARI DINNE
BANGALORE-560 083.
- 40 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
12. SRI. J.K.PARAMESH
S/O SRI JADIYAPPA
AGED ABOUT 33 YEARS
R/AT NO.33, MUNESHWARA LAYOUT
J.P.NAGAR 8TH PHASE
2ND BLOCK, NEAR ROYAL COUNTY
JUMBO SAVARI DINNE, BANGALORE-560 083.
13. SMT. MANJULA
W/O LATE MUNIKRISHNAPPA
AGED ABOUT 59 YEARS,
R/AT NO.50, K.C.A.LAYOUT,
J.P.NAGAR 8TH STAGE,
KOTHANUR MAIN ROAD
BANGALORE-560 062.
14. SRI YASHWANTH
S/O LATE MUNIKRISHNAPPA
AGED ABOUT 31 YEARS,
R/AT NO.50, K.C.A.LAYOUT,
J.P.NAGAR 8TH STAGE,
KOTHANUR MAIN ROAD
BANGALORE-560 062.
15. SMT. B.S.PRABHAVATHI
W/O SRI S JAYAPRAKASH,
AGED ABOUT 61 YEARS
R/AT NO.9, MUNESHWARA LAYOUT
GOTTIGERE POST,
J P NAGAR 8TH PHASE,
BANGALORE-560 083.
16. SMT. MARIA MAGHATHALENAL
W/O PAUL JOHN,
AGED ABOUT 65 YEARS
R/AT NO.8,, MUNESHWARA LAYOUT
GOTTIGERE POST, JP NAGAR 8TH PHASE,
BANGALORE-560 083.
17. SRI MUNIRAJU
S/O LATE C MUNIVENKATAPPA
AGED ABOUT 62 YEARS
R/AT NO.16, MUNESHWARA LAYOUT
J.P.NAGAR 8TH PHASE
- 41 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
2ND BLOCK, NEAR ROYAL COUNTY
JUMBO SAVARI DINNE, BANGALORE-560 083.
18. SMT. BHAGYAMMA
W/O MUNIRAJU
AGED MAJOR
R/AT NO.16, MUNESHWARA LAYOUT
J.P.NAGAR 8TH PHASE
2ND BLOCK, NEAR ROYAL COUNTY
JUMBO SAVARI DINNE, BANGALORE-560 083.
19. SRI SRINIVASAN P R
S/O RANGANATHAN P V
AGED ABOUT 51 YEARS
R/AT NO.7 & 8, "NESARA"
MUNESHWARA LAYOUT
J.P.NAGAR 8TH PHASE
2ND BLOCK, NEAR ROYAL COUNTY
JUMBO SAVARI DINNE, BANGALORE-560 083.
20. SMT. CHANDRIKA SRINIVASAN
W/O SRINIVASAN P R
AGED ABOUT 49 YEARS
R/AT NO.7 & 8, "NESARA"
MUNESHWARA LAYOUT
J.P.NAGAR 8TH PHASE
2ND BLOCK, NEAR ROYAL COUNTY
JUMBO SAVARI DINNE, BANGALORE-560 083.
21. SRI. M. LOHITH
S/O MUNIRAJU
AGED ABOUT 33 YEARS
R/AT NO.16, MUNESHWARA LAYOUT
J.P.NAGAR 8TH PHASE
2ND BLOCK, NEAR ROYAL COUNTY
JUMBO SAVARI DINNE, BANGALORE-560 083.
22. SRI.M.HARISH
S/O MUNIRAJU
AGED ABOUT 30 YEARS
R/AT NO.16, MUNESHWARA LAYOUT
J.P.NAGAR 8TH PHASE
2ND BLOCK, NEAR ROYAL COUNTY
JUMBO SAVARI DINNE, BANGALORE-560 083.
- 42 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
23. SRI. NARAYANAPPA
S/O LATE PAPANNA
AGED ABOUT 63 YEARS
R/AT SITE NO.10, R/AT 7 & 8 "NESARA"
MUNESHWARA LAYOUT
J.P.NAGAR 8TH PHASE
2ND BLOCK, NEAR ROYAL COUNTY
JUMBO SAVARI DINNE, BANGALORE-560 083.
24. SRI ANANTHA PADMANABHA BHAT
S/O GOPALKRISHNA BHAT
AGED ABOUT 37 YEARS
R/AT SITE NO.11, "LAKSHMI NIVAS"
MUNESHWARA LAYOUT
J.P.NAGAR 8TH PHASE
2ND BLOCK, NEAR ROYAL COUNTY
JUMBO SAVARI DINNE, BANGALORE-560 083.
25. SMT. SMITHA
W/O SRI ANANTHA PADMANABHA BHAT
AGED ABOUT 31 YEARS
R/AT SITE NO.11, "LAKSHMI NIVAS"
MUNESHWARA LAYOUT
J.P.NAGAR 8TH PHASE
2ND BLOCK, NEAR ROYAL COUNTY
JUMBO SAVARI DINNE, BANGALORE-560 083.
26. SMT. S SHASHIKALA
W/O S.M.VENKATESH
AGED ABOUT 39 EARS
R/AT #10, PMM RESIDENCY
SGS LAYOUT, 3RD MAIN
KOTTANUR MAIN ROAD
BANGALORE-560 076.
27. SMT. NALINI PETER
W/O CHARLES PETER
AGED ABOUT 61 YEARS
R/AT C-314, ARUN PATIOT
YELACHENAHALLI, YELAHANKA
BANGALORE-560 064.
- 43 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
28. SMT. J.K. INDRAMMA
D/O SRI JADIYAPPA
AGED ABOUT 39 YEARS,
R/AT SITE NO.2, MUNESHWARA LAYOUT
J.P.NAGAR 8TH PHASE, 2ND BLOCK
NEAR ROYAL COUNTY JUMBO SAVARI DINNE
BANGALORE-560 083.
29. SMT. J.K.RENUKAMMA
D/O SRI JADIYAPPA
AGED ABOUT 35 YEARS,
R/AT SITE NO.1, MUNESHWARA LAYOUT
J.P.NAGAR 8TH PHASE, 2ND BLOCK
NEAR ROYAL COUNTY JUMBO SAVARI DINNE
BANGALORE-560 083.
30. SMT. M VEDAVATHI
D/O LATE MUNIKRISHNAPPA
AGED ABOUT 33 YEARS,
R/AT #65, GERUPALYA
KUMBALAGODU POST
KENGERI HOBLI
BANGALORE-560 074.
31. SMT. JAYALAKSHMI G.S.
W/O GOVINDARAJU
AGED ABOUT 39 YEARS,
R/AT NO.114, GERUPALYA
KUMBALAGODU POST
KENGERI HOBLI
BANGALORE-560 074.
32. SMT. NAGARATHNA
W/O GURUMURTHY
AGED ABOUT 47 YEARS
R/AT #7, "HEMADRI RESIDENCY",
PARAMAHAMSA LAYOUT
HEMADRI WATER SUPPLIER ROAD
SUBRAMANYAPURA MAIN ROAD,
BANGALORE-560 061.
33. SRI LAKSHMAN .G.S.
S/O STAYAPPA
AGED ABOUT 41 YEARS
- 44 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
R/AT #65, GERUPALYA
KUMBALAGODU POST,
KENGERI HOBLI, BANGALORE-560 074.
34. SRI JADIAPPA
S/O LATE C MUNIVANKATAPPA
AGED ABOUT 69 YEARS,
R/AT NO.33, MUNESHWARA LAYOUT
J.P.NAGAR 8TH PHASE, 2ND BLOCK
NEAR ROYAL COUNTY, JUMBO SAVARI DINNE,
BANGALORE-560 083.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. M.S. BHAGWAT, SR. COUNSEL FOR
SRI. SATISH K, ADV., FOR R2 TO R34)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION 22406-22438/2015 DATED
16/02/2016.
IN WRIT APPEAL NO.198 OF 2021
BETWEEN:
1. BENGALURU DEVELOPMENT AUTHORITY
KUMARA PARAK WEST, SANKEY ROAD
BENGALURU 560020
REP BY ITS COMMISSIONER.
2. THE LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD, KUMARA PARAK WEST,
BENGALURU 560020.
...APPELLANTS
(BY SRI. G. LAKSHMEESH RAO, ADV.,)
AND:
1. STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
HOUSING AND URBAN DEVELOPMENT DEPARTMENT
- 45 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
VIKASA SOUDHA, M S BUILDING
BENGALURU 560001.
2. SMT. RAJAMMA
W/O LATE THADAPPA
AGED ABOUT 72 YEARS
R/AT 126/2, KOTHNUR VILLAGE
BENGALURU SOUTH TALUK,
BENGALURU 560077.
3. SRI. T. JAYARAMU
W/O LATE THADAPPA
AGED ABOUT 47 YEARS
R/AT 126/2, KOTHNUR VILLAGE
BENGALURU SOUTH TALUK,
BENGALURU 560077.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. PRAKASH T. HEBBAR, ADV., FOR R2 & R3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED 08/10/2020 PASSED BY THE LEARNED SINGLE
JUDGE, IN WP NO. 4990/2014 BY DISMISSING THE SAID WRIT
PETITION.
IN WRIT APPEAL NO.493 OF 2021
BETWEEN:
1. THE COMMISSIONER
BENGALURU DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD, K P WEST
BANGALORE-560020.
2. THE SPECIAL LAND ACQUISITION OFFICER
BENGALURU DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD, K P WEST
BANGALORE-560020.
3. THE SECRETARY AND COMPETENT AUTHORITY
BENGALURU DEVELOPMENT AUTHORITY
- 46 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
T CHOWDAIAH ROAD, K P WEST
BANGALORE-560020.
...APPELLANTS
(BY SRI. B. VACHAN, ADV.,)
AND:
1. THE GOVERNMENT OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIDHANA VEEDHI, BENGALURU.
2. SRI N SRINIVAS
S/O LATE NARAYANAPPA
AGED ABOUT 59 YEARS
R/A NO.11, BEHIND MEENAKSHI TEMPLE
KOTHANUR
BANNERGHATTA ROAD
BANGALORE-560076,
3. SMT H S PRABHAVATHI
W/O SRI N SRINIVAS
AGED ABOUT 53 YEARS
R/A NO.11, BEHIND MEENAKSHI TEMPLE
KOTHANUR, BANNERGHATTA ROAD
BANGALORE-560076.
4. SRI MATHEW JOSEPH
S/O JOSEPH MATHEW
AGED ABOUT 56 YEARS
R/A NO.11, BEHIND MEENAKSHI TEMPLE
KOTHANUR, BANNERGHATTA ROAD
BANGALORE-560076.
5. M. TOUSEEF AHMED
S/O M KHALEEL AHMED
AGED ABOUT 41 YEARS
R/A NO.09, BEHIND MEENAKSHI TEMPLE
KOTHANUR, BANNERGHATA ROAD
BANGALORE-560076.
6. SRI N RAVICHANDRA
S/O VENKATEGOWDA
- 47 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AGED ABOUT 50 YEARS
R/A NO.11, BEHIND MEENAKSHI TEMPLE
KOTHANUR, BANNERGHATTA ROAD
BANGALORE-560076.
7. SMT. SAVITHRI RAJAGOPALAN
W/O RAJAGOPALAN
AGED ABOUT 80 YEARS
R/A NO.198, BEHIND MEENAKSHI TEMPLE
KOTHANUR, BANNERGHATTA ROAD
BANGALORE-560076.
8. SMT. K. RAMADEVI
W/O K PURUSHOTHAM
AGED ABOUT 53 YEARS
R/A NO.11/2, NEAR CLASSIC ORCHARDS
KOTHANUR VILLAGE
KONANAKUNTE
BENGALURU SOUTH
BANGALORE-560076.
9. SRI RAMESH S R
S/O S RAMALINGARAJU
AGED ABOUT 52 YEARS
R/A NO.1, KOTHANUR I AND III BLOCK
II PHASE, J P NAGAR
BANGALORE-560076.
10. SMT V NETHRAVATHI
W/O SRI ANIL KUMAR SHILPI
AGED ABOUT 41 YEARS
PID NO.2109/183/18
KOTHANUR DINNE
BEHIND CLASSIC ORCHIDS
BENGALURU SOUTH
BENGALURU.
11. SMT. SHILPA SANTHOSH
S/O SANTHOSH NANDANAVANAM
AGED ABOUT 33 YEARS
KATHA NO.183, DOOR NO.11/1
BEHIND MEENAKSHI TEMPLE
KOTHANUR, BANNERGHATTA ROAD
BANGALORE-560076.
- 48 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
12. SRI VIJAYAKUMAR TRIPARTHY
S/O RAMESH NARAYAN TRIPATHY
AGED ABOUT 37 YEARS
KATHA NO.183, DOOR NO.11/1
BEHIND MEENAKSHI TEMPLE
KOTHANUR, BANNERGHATTA ROAD
BENGALURU-560076.
13. SRI N SADASHIVAM
S/O NALLASAMY GOUNDER
AGED ABOUT 44 YEARS
R/A NO.66, NEAR CLASSIC ORCHARD
KOTHANUR, BENGALURU SOUTH
BENGALURU.
14. SRI GOUTHAM SAMPANGIRAMA REDDY
S/O V SAMPANGIRAMA REDDY
AGED ABOUT 45 YEARS
R/A NO.17, BEHIND MEENAKSHI TEMPLE
OPP WINDSOR FOUR SEASONS APARTMENT
BANNERGHATTA ROAD
BENGALURU SOUTH, BENGALURU-560076.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED IN THE WRIT PETITION NO.7950-2962/2014 DATED
16.10.2020.
IN WRIT PETITION NO.30970 OF 2010
BETWEEN:
1. M/S. KERALA TRANSPORT COMPANY
HAVING ITS OFFICE AT NO 58
LANGFORD ROAD, BANGALORE 560 025
AND GODOWN AND ESTABLISHEMENT
AT BBMP KHATHA NO 274294/579
PREVIOUSLY CONVERTED LANDS IN SY NO 52/5,
- 49 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
BOMMANAHALLI VILLAGE, BEGUR HOBLI
BANGALORE SOUTH TALUK
REP. BY ITS MANAGING PARTNER
SRI. P.V. CHANDRAN
AGED ABOUT 71 YEARS
S/O LATE P.A. SAMY.
...PETITIONER
(BY SRI. K. SUMAN, SR. COUNSEL FOR
SRI. NIRUPAN GOWDA, ADV.,)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIDHANA VEEDHI, DR AMBEDKAR ROAD,
BANGALORE 560 001 560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD, K P WEST,
BANGALORE 560020.
3. THE SPECIAL LAND ACQUISTION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD, K P WEST
BANGALORE 560020.
4. THE SPECIAL ADDITIONAL LAND
ACQUISTION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD K P WEST
BANGALORE 560020.
5. THE REVENUE INSPECTOR
OFFICE OF THE SPECIAL LAND ACQUISTION
OFFICER SECTION
BANGALORE DEVELOPMENT AUTHORITY
BANGALORE 20.
6. THE SURVEYOR
OFFICE OF THE SPECIAL LAND ACQUISTION
- 50 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
OFFICER SECTION
BANGALORE DEVELOPMENT AUTHORITY
BANGALORE 20.
7. THE ASSISTANT EXECUTIVE ENGINEER
BANGALORE DEVELOPMENT AUTHORITY
BANGALORE 20.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. RAVI G. SABHAHIT, ADV., FOR R2 TO R7)
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUION OF INDIA, PRAYING TO QUASH THE AWARD
PROCEEDIGNS DT.30.4.10 PASSED BY THE SPECIAL ADDL.
LAND ACQUISITION OFFICER BDA BANGALORE R4,
PRODUCED AT ANN-L SO FAR AS IT RELATES TO SY.NO.52/5
MEASURING 1 ACRE 15 GUNTAS OF LAND SITUATED AT
BOMMANAHALLI VILLAGE, BEGUR HOBLI, BANGALORE SOUTH
TQ. BANGALORE DIST. AS ARBITRARY & ILLEGAL & ETC.,
IN WRIT PETITION NO.31832 OF 2010
BETWEEN:
1. SRI. RAMA RAO K B
AGED 37 YEARS
S/O SRI K B GOPALAKRISHNA
REPRESENTED BY GPA HODER
SRI K B GOPAAKRISHNA
S/O LATE B KRISHNARAO
R/AT NO.69, 3RD CROSS, C R LAYOUT
1ST PHASE, J P NAGAR, BANGALORE 560078.
2. SRI SHREEKANTH BABU BACHINENI
AGED 37 YEARS
S/O HANUMANTHU BACHINENI
R/AT NO.44/2, VIGNESHWARAKRUPA
5TH MAIN, R K LAYOUT, PADMANABHANAGAR ,
BANGALORE 560070.
3. SRI KANDIMALLA PRABHAKAR
AGED 39 YEARS
- 51 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
S/O SRI VENKATESHWARULU
R/AT PLOT NO.535 & 536, SHIVA SHAKTI KRUPA
3RD BLOCK, VISHNUPRIYANAGAR
BEGUR ROAD, BANGALORE 560068.
4. SMT. GUDUPUTI PRABHAVATHAMMA
AGED 59 YEARS
W/O LATE PRAKASAM
C/O SHREEKANTH BABU BACHINENI
S/O HANUMANTHU BACHINENI
AGED 37 YEARS
R/AT NO.44/2, VIGNESHWARAKRUPA
5TH MAINR K LAYOUT
PADMABHANABHANAGAR
BANGALORE 560 070.
5. SRI. S NATARAJAN
AGED 67 YEARS
S/O SRI K S SESHU IYER
R/AT NO.28, 2ND STREET, KAMARAJANAGAR
KORATTUR, CHENNAI - 600 080.
6. SMT SAHANA RAO
AGED 33 YEARS
W/O SRI CHANDRASHEKARA
R/AT N.79, 4TH MAIN, CHANNAMMANAKERE
ACHUKATTU, B S K 3RD STAGE
BANGALORE 560085.
7. SRI BALLA RUPA KUMAR
AGED 36 YEARS
S/O SRI BALLA VISHVESHWARA PRASAD
R/AT NO.2, SHEKAR HEMA NIVAS
12TH CROSS, 20TH B MAIN
VENKATESHWARA LAYOUT
B T M 1ST STAGE, BANGALORE 560068.
8. SRI DHARANALLUR V KRISHNAMURTHY RAO
AGED 64 YEARS
S/O SRI D V VASUDEVA RAO
R/AT NO.14, COCONUR AVENUE
NEAR JAMBUSAVARI DINNE LAST BUS STOP
J P NAGAR, 8TH PHASE
BANGALORE 560076.
- 52 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
9. SMT DEEPA R RAO
AGED 37 YEARS
W/O SRI GANJIGUNTA S PRASAD
R/AT NO.1A/37, SWATI, 2ND CROSS
10TH MAIN, B S K 1ST STAGE
BANGALORE 560050.
10. SRI SUNIL C
AGED 33 YEARS
S/O SRI CHANNAIAH K
SRI R KRISHNA KUMAR
S/O R SUBRAMANYAM
AGED 35 YEARS
R/AT NO.72/3, RAGHAVENDRA COLONY
5TH MAIN ROAD, CHAMARAJPET
BANGALORE 560018.
11. SMT MEENAKSHI SANCKAR
AGED 38 YEARS
D/O SRI SANEKAR
SRI ANAND SUBRAMANIAN
S/O K V SUBRAMANIYAN
R/AT FLAT NO.404. BUILDIND NO.6
SHANTHI PARK APARTMENTS, 9TH BLOCK,
JAYANAGAR, BANGALORE 560069.
12. SRI ARVIND RAO
AGED 43 YEARS
S/OSRI V S RAO
R/AT 224, NEETHI MAGA
SIDDARTHA NAGAR, MYSORE - 570 011.
13. SRI ARUN PARSHURAM KAGALKAR
AGED 40 YEARS
S/O SRI PARASHURAM G KAGALKAR
SMT MANISHA M HIREKERUR
W/O SRI ARUN P KAGALAKAR
AGED ABOUT 33 YEARS
R/AT D NO15, 3RD FLOOR D BLOCK
GURUPRIYA AKASHGANGA APARTMENTS
3RD CROSS, 1 MAIN ROAD
ISRO LAYOUT, BANGALORE-78.
- 53 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
14. SMT DEEPA R BALANI
AGED 37 YEARS
D/O SRI G. RAMACHAND BALANI
R/AT NO.404, KRISTAL BERYL APARTMENTS,
BANNERGHATTA ROAD NEAR GOTTIGERE
BANGALORE 560083.
15. SRI SUNIL V RAO
AGED 35 YEARS
S/O SRI V VASUDEVA RAO
SMT ASHWINI R
W/O SRI SUNIL V RAO
AGED 30 YEARS
R/AT NO.9, 2ND MAIN, CHANNAMMANAKERE
ACHUKATTU, B S K 3RD STAGE
BANGALORE 560085.
16. SRI V S RAHESH
AGED 38 YEARS
S/O SRI V L SURYANARAYANA SHETTY
R/AT NO.437, MARUTHI 15TH CROSS ROAD
1ST PHASE, YELAHANKA NEW TOWN
BANGALORE 560 064.
17. SRI AMIT ARORA
AGED 34 YEARS
S/O SRI DEVANAND ARORA
R/AT NO.303, 4TH MAIN, VINAYAKA LAYOUT
VIJAYANAGAR, BANGALORE 560 040.
18. SRI B S ANAND KUMAR
AGED 33 YEARS
S/O SRI B SHIVANNA
R/AT NO.32, J J R NAGAR ENTRANCE
MYSORE ROAD, BANGALORE 560 018.
19. SMT ARUNA
AGED 35 YEARS
W/O SRI ASHWINIKUMAR B S
R/AT NO.156, 1ST FLOOR 21ST CROSS
HULIMAVU, BANNERGHATTA ROAD
BANGALORE 560076.
- 54 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
20. SRI N S BHARADWAJ K
AGED 35 YEARS
S/O SRI SUNDAR BABU, MAJOR
S/O SRI NARAYANA
AGED ABOUT 35 YEARS
R/AT NO.156/803, 1ST FLOO
21ST CROSS, HULIMAVU
BANNERGHATTA ROAD, BANGALORE 560076.
...PETITIONERS
(BY SRI. K. SUMAN, SR. COUNSEL FOR
SRI. NIRUPAN GOWDA, ADV.,)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF HOUSING & URBAN DEVT.,
VIDHANA SOUDHA, BANGALORE 560 001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUHORITY
KUMARA PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
4. THE COMMISSIONER
BBMP, BANGALORE.
5. THE INSPECTOR OF POLICE
SUBRAMANYAPURA POLICE STATION
UTTARAHALLI, BANGALORE SOUTH.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1 & R5
SRI. MURUGESH V. CHARATI, ADV., FOR R2 & R3
SRI. H. DEVENDRAPPA, ADV., FOR R4)
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED
CORRESPONDENCE DATED 9.7.2010 BETWEEN THE
- 55 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
RESPONDENT NO.2 AND RESPONDENT NO.4 AS PER
ANNEXURE-Z3. DIRECT THE RESPONDENTS TO INVOKE THE
POWEER UNDER SECTION 20 OF THE BDA ACT TO LEVY THE
BETTERMENT TAX IN RESPECT OF THE LANDS IN VIEW OF
THE NOTE DATED 3.11.2000 AS PER ANNEXURE-Z AND ALSO
THE ENDORSEMENT DATED 16.9.2002, ISSUED BY THE 2ND
RESPONDENT BDA AS PER ANNEXURE-Z2 & ETC.
IN WRIT PETITION NO.31993 OF 2010
BETWEEN:
1. SRI. P. RAGHUNATHACHARI
AGED ABOUT 37 YEARS
S/O SRI. CHINNAPPACHARI
R/AT NO. 24 , 1ST FLOOR, AMRUTHANAGARA
" A " SECTOR, VINAYAKA LAYOUT,
SAHAKARANAGARA, BANGALORE- 92.
2. SRI S GOVINDARAJU
AGED ABOUT 39 YEARS
S/O P SRINIVASA
R/AT NO. 86, " AISHWARYA RESIDENCY "
J P NAGAR, 8TH PHASE,
KOTHANUR VILLAGE, UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK.
3. SRI G KRISHNAMURTHY
AGED ABOUT 34 YEARS
S/O SRI. GOPALAPPA
R/AT NO. 88 , K H RANGANATHA COLONY
J J R NAGAR, BANGALORE- 18.
4. SRI. ARIES K
AGED ABOUT 35 YEARS
S/O K SADANANDAN
SMT. SHREYA C
W/O SRI ARIES .K
AGED ABOUT 31 YRS
R/AT NO. 200/16, "SAPTAGIRI"
2ND FLR, 7TH MAIN, JAYANAGAR
1ST BLOCK EAST, BANGALORE-69.
- 56 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
5. SRI. P KUMARASWAMY
AGED ABOUT 35 YEARS
W/O SRI S PRABHAKAR
R/AT NO. 220, 6TH CROSS, 6TH MAIN
BTM 2ND STAGE, MICO LAYOUT
BANGALORE- 76.
6. SMT SUMATHI SRINIVASAN
AGED ABOUT 45 YEARS
W/O SRI G SRINIVASAN
REP BY GPA HOLDER
SRI G VIJAYARAGHAVAN
S/O K GOPALAHARI
AGED ABOUT 57 YRS
R/AT NO. C-906, CASSIA BLOCK
BRIGADE MILLENIUM, J P NAGAR
7TH PHASE, BANGALORE-78.
7. SRI RAMESH H K
AGED ABOUT 41 YEARS
S/O SRI KRISHNAMURTHY H B
R/AT NO.22, 1ST " A " MAIN, MICO LAYOUT
BTM 2ND STAGE, BANGALORE- 78.
8. SMT. PREETI RAJAGOPAL BANGALORE
AGED ABOUT 34 YEARS
W/O SRI. V VENKATESH CHITRADURGA
REP BY SRI C S VENKATESH
S/O SRI. C SETHURAMA RAO
AGED ABOUT 70 YRS
R/AT NO. 522, "KESHAVANUGRAHA"
3RD MAIN, BSK 1ST STAGE
1ST BLOCK, SRINAGARA
BANGALORE-50.
9. SRI LT. COL. SUBIR DUTTA ROY
AGED ABOUT 59 YEARS
S/O LATE SUKHENDRA KISHORE DUTTA ROY
MISS. SHREOSI DUTTA ROY
D/O LT. COL. SUBIR DUTTA ROY
AGED 29 YEARS
R/AT NO. 4/2, CUBBON ROAD
BANGALORE- 560 001.
- 57 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
10. SMT. RAMELA K
AGED ABOUT 40 YEARS
W/O SRI ANIL KUMAR
REP BY HIS GPA HOLDER
SRI. T S N NAIR
S/O LATE T K NAIR
AGED ABOUT 80 YRS
R/AT NO. 257/38, " AISHWARYA"
2ND MAIN, TEMPLE STREET
AYODHYANAGAR, 5TH PHASE
J P NAGAR, BANGALORE.
11. SRI PUTTASWAMY
AGED ABOUT 61 YEARS
S/O SRI. THIMMAIAH
R/AT NO. 67, GUBBALALAPETE
KANAKAPURA MAIN ROAD
BANGALORE- 560 062.
12. SMT. M. VIJAYA
W/O SRI A R MUKHYAPRANA BHAT
AGED ABOUT 40 YRS
R/AT NO.98 & 99" HARICHITTA"
AISHWARYA LAYOUT, J P NAGAR
8TH PHASE , JAMBUSAVARI DINNE
BANGALORE-83.
13. SRI B CHANDRASEKHAR
AGED ABOUT 35 YEARS
S/O SRI. B HANUMAIAH.
R/AT FLAT. NO. 007,"BANASHANKARI BALAS
PARADISE", YELACHENAHALLI
BANGALORE-78.
14. SRI RAPHEAL J
AGED ABOUT 38 YEARS
S/O SRI. JOSEPH. P
R/AT NO. 606-A, 7TH MAIN,
DA LAYOUT, DOMLUR, BANGALORE-560 071.
15. SRI. M S GOPAL
AGED ABOUT 60 YEARS
S/O SRI MUNISWAMAPPA
- 58 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
R/AT NO. 59, ROSHAN COLONY, 2ND CROSS,
TILAKNAGAR, BANGALORE- 560 041.
16. SRI R. RAMAKRISHNA
AGED ABOUT 41 YEARS
S/O SRI VENKATESHWARA RAO
R/AT C/O SRI. K. PRABHAKAR
PLOT NO. 535 & 536, 14TH CROSS
3RD BLOCK, VISHNUPRIYANAGAR
BANGALORE- 560 068.
17. SMT. RASHMI MAHADEV LAD
ALIAS RASHMI LAD
AGED ABOUT 36 YEARS
W/O SRI MAHADEV GURUNATH LAD
R/AT NO. 8, " SOWRABHA "BEHIND SRINIVASA
KALYANA MANTAPA, ANJANEYANAGAR
BSK 3RD STAGE, BANGALORE- 560 085.
18. SRI VASIREDDY V RAVI KUMAR
AGED ABOUT 42 YEARS
S/O SRI KODHANDA RAMAIAH
C/O K. PRABHAKAR
R/AT PLOT NO. 535 & 536,14TH CROSS
3RD BLOCK, VISHNUPRIYANAGAR
BANGALORE- 560 068.
19. SMT S KAMALAMMA
AGED ABOUT 46 YEARS
W/O SRI Y RAMAKRISHNA
R/A NO. 16, 21ST MAIN, 3RD " C " CROSS
BTM 2ND STAGE, BANGALORE- 560 076.
...PETITIONERS
(BY SRI. K. SUMAN, SR. COUNSEL FOR
SRI. NIRUPAN GOWDA, ADV.,)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF HOUSING & URBAN
DEVELOPMENT, VIDHANA SOUDHA
BANGALORE- 560 001.
- 59 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
4. THE COMMISSIONER
BBMP, BANGALORE.
5. THE INSPECTOR OF POLICE
SUBRAMANYAPURA POLICE STATION
UTTARAHALLI, BANGALORE SOUTH.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1 & R5
SRI. S. RAJASHEKAR, ADV., FOR R2
SRI. B.S. KARTHIKEYAN, ADV., FOR R3
SRI. H. DEVENDRAPPA, ADV., FOR R4)
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED
CORRESPONDENCE DATED 9.7.2010, BETWEEN THE
RESPONDENT NO.2 AND RESPONDENT NO.4 AS PER
ANNEXURE-X. DIRECT THE RESPONDENTS TO INVOKE THE
POWER UNDER SECTION 20 OF THE BDA ACT TO LEVY THE
BETTERMENT TAX IN RESPECT OF THE LANDS IN VIEW OF
THE NOTE DATED 3.11.2000 AS PER ANNEXURE-W1 AND ALSO
THE ENDORSEMENT DATED 16.9.2002, ISSUED BY THE 2ND
RESPONDENT BDA AS PER ANNEXURE-W2 & ETC.
IN WRIT PETITION NO.2134 OF 2011
BETWEEN:
1. SRI. KASTURI RANGAN
S/O SRI T S RANGASWAMY
AGED ABOUT 41 YEARS
R/AT NO.188, 5TH B CROSS
DOMMALUR LAYOUT, BANGALORE-560071.
2. SMT JAYASHREE KASTURI RANGAN
W/O R KASTURI RANGAN
- 60 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AGED ABOUT 39 YEARS
R/AT NO.188, 5TH B CROSS
DOMMALUR LAYOUT, BANGALORE-560071.
3. SRI NAGESWARA RAO GOKANAKONDA
S/O SRI ADISHESHAIAH GOKANAKONDA
AGED ABOUT 37 YEARS
R/AT CHINTAGUMPALA VILLAGE & POST
CHINGANJAM (MANDAL) VIA KADAVAKUDURU
PRAKASHAM DISTRICT, AP-573181.
4. SMT PRIYA SRINIVASAN
D/O SRI S JAGANNATHAN
AGED ABOUT 40 YEARS
R/AT NO.93, 2ND CROSS, 6TH MAIN
T R NAGAR, 4TH BLOCK
BANGALORE-560028.
5. SRI RAMESH JAGANNATHAN
D/O SRI S JAGANNATHAN
AGED ABOUT 38 YEARS
R/AT NO.101, S M R SOWMYA
10-02-124, ROAD-2 WEST MARREDPALLI
SYKENDRABAD-26 A P.
6. SRI ANKURASINKU
S/O LATE SRI MATASINKU
AGED ABOUT 42 YEARS
R/AT NO.29, PRAHGUNA 5TH CROSS
VENKATADRI LAYOUT, PANDURANAGAR,
BANGALORE-560076.
7. SRI BRIJESH SINGH
S/O LATE BHIMSINGH
AGED ABOUT 37 YEARS
R/AT NO.347, 17-C, 5TH BLOCK
K H B COLONY, KORAMANGALA
BANGALORE-560095.
8. SRI R BABU
S/O SRI V RANGASWAMY
AGED ABOUT 43 YEARS
R/AT NO.121, ASWATH, PIPE LINE ROAD
10TH CROSS, MALLESWARAM
- 61 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
BANGALORE-560003.
9. SMT VIDYASHANKARI
D/O MR THIAGARAJAN
AGED ABOUT 42 YEARS
R/AT NO.121, ASWATH, PIPE LINE ROAD
10TH CROSS, MALLESWARAM
BANGALORE-560003.
10. SRI M S NATESHA BABU
S/O SRI SUBBARAO
AGED ABOUT 47 YEARS
R/AT NO.1065/A, 36TH CROSS
JAYANAGAR, 4TH T BLOCK
BANGALORE-560041.
11. SMT Y HEMALATHA
D/O SRI Y C E REDDY
AGED ABOUT 30 YEARS
R/AT NO.113, 6TH CROSS
K R LAYOUT, 6TH PHASE
JP NAGAR BANGALORE-560078.
12. SRI SURESH RAMDAS
S/O SRI MUTHUSWAMY RAMDAS
AGED ABOUT 29 YEARS
R/AT NO.632, 10TH MAIN ROAD
COPY BOARD, KEMPAPURA HEBBAL
BANGALORE-560024.
...PETITIONERS
(BY SRI. K. SUMAN, SR. COUNSEL FOR
SRI. NIRUPAN GOWDA, ADV.,)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF HOUSING & URBAN DEVT.,
VIDHANA SOUDHA, BANGALORE-560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
- 62 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
4. THE COMMISSIONER
BBMP, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. T.P. RAJENDRA KUMAR SUNGAY, ADV., FOR R2 & R3
SRI. K.N. PUTTEGOWDA, ADV., FOR R4)
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO INVOKE HE POWER UNDER SECTION 20 OF
THE BDA ACT TO LEVY THE BETTERMENT TAX IN RESPECT OF
THE LANDS IN VIEW OF THE NOTICE DATED 3.11.2000 IN BDA
TOWN PLANNING AUTHORITY NO.1060/2000-01, AS PER
ANNEX-R AND ALSO THE ENDORSEMENT DTD 16.09.2002,
ISSUED BY THE R3 BDA IN NO. BDA/SALAC/04/506/02-03, AS
PER ANNEX-S & ETC.
IN WRIT PETITION NO.2158 OF 2011
BETWEEN:
1. SR.I SATHYESH M
AGED 48 YEARS
S/O SRI VENKATARAMANA BHAT
R/AT NO.86, ANUGRAHA, 33RD MAIN
17TH CROSS, J P NAGAR, 6TH PHASE
BANGALORE 560 078.
2. SRI BRAHMA KISHORE PERURI
AGED 40 YEARS
S/O SRI PERURI VENKATAKRISHNA RAO
R/AT SRI LAKSHMI NILAYAM
NO.3-25/1, RAMALAYAM VEEDHI
JAGGAYYAPET 521175, ANDRAPRADESH.
3. SRI M G NARESH
AGED 52 YEARS
S/O SRI M A GOPINATH RAO
R/AT NO.61, 8TH CROSS, ITI LAYOUT
- 63 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
J P NAGAR, 1ST PHASE, BANGALORE 560 086.
4. SRI CHANNABASAVARAJ
AGED 38 YEARS
S/O SRI V CHINNAPPA
R/AT ANNAPOORNA
NO.297, 7TH MAIN, 15TH CROSS
6TH SECTOR, HSR LAYOUT
BANGALORE 560 034.
5. SMT T S RAMYA
AGED 35 YEARS
W/O SRI CHENNABASAVARAJ
R/AT ANNAPOORNA NO.297, 7TH MAIN
15TH CROSS, 6TH SECTOR, HSR LAYOUT
BANGALORE 560 034.
6. SMT SUNITA RAI
AGED 39 YEARS
W/O SRI MANAVENDRANATHRAJ
R/AT NO.KD-59/360-X-10-A, SHIVAPURVA
MAHMOORGANJ, VARANASI, U P.
7. SRI R KIRAN KUMAR
AGED 36 YEARS
S/O SRI K V RAJASHEKARA GUPTA
R/AT KIRAN TEXTILE, KUNIGAL EXTN
KUNIGAL, KUNIGAL DISTRICT
REPRESENTED BY HIS FATHER
GPA HOLDER K V RAJASHEKAR GUPTA.
8. SRI MOHD IQBAL
AGED 60 YEARS
S/O MR MOHD SULEMAN
R/AT NO.46/12, HOUSE OF WILLS
RICHMOND ROAD, BANGALORE 560 025.
9. SMT. SHAH BANU
AGED 34 YEARS
W/O SRI NAVEED KHAISER
R/AT NO.26, S M STREET
CHICKMANGALORE.
- 64 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
10. SRI KAMBHAMPTI SUBBA RAO
AGED 54 YEARS
S/O SRI KAMBHAMPTI ANJINEYA
R/AT NO.2-167, SANTHA RAVUR POST
CHINNAGANJAM (MANDAL)
PARKASAM DISTRICT, A P 523185.
11. SRI ALOK TIWARI
AGED 34 YEARS
S/O SRI S P TIWARI
R/AT NO.59, BEHIND VIVEKANANDA
VIDYAMANDIRA SCHOOL, KAILASHPURI
RAIPUR 492001, CHATISGARDH.
...PETITIONERS
(BY SRI. K. SUMAN, SR. COUNSEL FOR
SRI. NIRUPAN GOWDA, ADV., FOR P1-P3 & P10)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF HOUSING & URBAN DEVT.,
VIDHAN SOUDHA, BANGALORE 560 001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE.
4. THE COMMISSIONER
BBMP, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. H.L. PRADEEP KUMAR, ADV., FOR R2 &
SRI. M.V. CHARATI, ADV., FOR R3
SRI. K.N. PUTTEGOWDA, ADV., FOR R4)
- 65 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS TO INVOKE THE POWER UNDER SECTION 20
OF THE BDA ACT TO LEVY THE BETTERMENT TAX IN RESPECT
OF THE LANDS IN VIEW OF THE NOTICE DT.3.11.00, IN BDA
TOWN PLANNING AUTHORITY NO.1060/00-01 AS PER ANN-R &
ALSO THE ENDORSEMENT DT.16.9.02, ISSUED BY THE R3
BDA, AS PER ANN-S & ETC.
IN WRIT PETITION NO.35313 OF 2011
BETWEEN:
1. SRI. H. GURUMURTHY
S/O LATE HANUMAPPA
AGED 69 YEARS
R/AT.NO.157/5, KOTHANUR VILLAGE
NEAR SRINIDHI LAYOUT, DODDAKALLASANDRA
POST, BANGALORE 560 062.
2. SRI. H. BABUREDDY
S/O LATE HANUMAPPA
R/AT. KOTHANUR VILLAGE
DHARMARAM COLLEGE POST
BANGALORE 560 069.
...PETITIONERS
(BY SRI. L.S. VENKATAKRISHNA, ADV.,)
AND:
1. THE STATE OF KARNATAKA
REP BY REVENUE SECRETARY
MULTISTORIED BUILDING
AMBEDKAR VEEDHI
BANGALORE 560 001.
2. BDA
REP ITS COMMISSIONER
KUMARAPARK WEST, BANGALORE.
...RESPONDENTS
- 66 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. M.V. CHARATI, ADV., FOR R2)
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE
NOTIFICATIONS ISSUED UNDER ANNX-C DT 23.3.98, ANNX-D
DATED 19.10.94 & ANNX-E DT 5.4.99 ISSUED BY THE GOVT
OF KARNATAKA AS HAVING BECOME IN FRUCTUOUS IN SO
FAR AS THE LANDS DESCRIBED IN SCHEDLUE. DIRECT THE
BDA TO CONSIDER IMMMEDIATELY THE PRAYER OF THE
PETITIONERS FOR THE DENOTIFICATION OF THE SCHEDULE
LANDS ON THE GROUND OF THE ENTIRE SCHEME HAVING
BEEN LAPSED OVER THE LAST 25 YEARS & ETC.
IN WRIT PETITION NO.47155 OF 2011
BETWEEN:
1 SMT. RANIYAMMA
AGED ABOUT 44 YEARS
W/O SRI KANNAN
R./AT NO.94, KOTHNUR DINNE
(EARLIER KOTHNUR VILLAGE)
UTTARAHALLI HOBLI
BANGALORE SOUTH TALUK.
2 SRI BANDARU GANESH
AGED ABOUT 64 YEARS
S/O SRI B N RAO
R/AT NO 249,15 TH MAIN
4TH T BLOCK JAYANAGAR
BANGALORE-560041.
3 SRI T S MOHAN
AGED ABOUT 51 YEARS
S/O SRI S K JAHAGIRDAR
R/AT NO 334,10 TH A MAIN
3RD BLOCK, JAYANAGAR
BANGALORE-560011.
4 SRI P C MATHAI
AGED ABOUT 66 YEARS
S/O LATE SRI P.L. CHACKO
R/AT NO 101/B JAGRUTHI RENNAISSANCE
VARTHUR ROAD, RAMAGONDANAHALLI
- 67 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
WHITEFIELD, BANGALORE-560048.
5 SRI K NARASIMHA UPADHYAYA
AGED ABOUT 69 YEARS
S/O SRI GURURAJA UPADHYAYA
R/AT NO 59, 2ND MAIN, SHAKAMBARI NAGARA
KANAKAPURA ROAD, BANGALORE-560062.
6 SRI H P PRAKASH
AGED ABOUT 63 YEARS
S/O SRI H PADMANABHA
R/AT NO 117, 8TH CROSS
WILSON GARDEN, BANGALORE-560027.
7 SRI GOPAL BHAT
AGED ABOUT 51 YEARS
S/O SRI T N RAMAKRISHNA BHAT
R/AT NO 525,12TH MAIN, MARENAHALLI
TANK BUND ROAD, J P NAGAR 2ND PHASE
BANGALORE-560078.
8 SMT A SHYAMALA
AGED ABOUT 51 YEARS
W/O SRI V VISWAMBARAN
R/AT NO 11, 1 ST CROSS, ANJANADRI LAYOUT,
KONANAKUNTE, BANGALORE560062.
...PETITIONERS
(BY SRI. G.B. NANDISH GOWDA, ADV.,)
AND:
1. STATE OF KARNATAKA
REP BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
M.S BUILDING, DR B R AMBEDKAR VEEDHI
BANGALORE-560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
K.P.WEST, BANGALORE-560020.
3. SPECIAL LAND ACQUISITION OFFICER1
BANGALORE DEVELOPMENT AUTHORITY
K.P.WEST, BANGALORE-560020.
- 68 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. M.V. CHARATI, ADV., FOR R2 & R3)
THIS W.P IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE
PRELIMINARY NOTIFICATION DATED 23.3.1988 PASSED BY
THE THIRD RESPONDENT VIDE ANNEXURE E AND THE FINAL
NOTIFICATION DATED 19.10.1994 VIDE ANNEXURE F ISSUED
BY THE THIRD RESPONDENT AND THE AWARD PASSED BY
THE THIRD RESPONDENT VIDE ANNEXURE G AS FAR AS IT
RELATES TO SY.NO.80/2A MEASURING TO AN EXTENT OF 2A
OF KOTHNUR VILLAGE, UTTARAHALLI HOBLI, BANGALORE
SOUTH TALUK AS HAVING LAPSED AND ABANDONED ON
ACCOUNT OF NON-UTILISATION OF LAND BY THE BDA AND
NON IMPLEMENTING THE SCHEME BY THE BDA FOR MORE
THAN 22 YEARS FROM THE DATE OF THE PRELIMINARY
NOTIFICATION & ETC.
IN WRIT PETITION NO.2353 OF 2012
BETWEEN:
1. SMT. LEELAVATHI
W/O S. SHEKAR, AGE 51 YEARS
R/O NO.266/10, 1ST FLOOR
8TH CROSS, 3RD MAIN, HANUMANTHANAGAR
BANGALORE-560 019.
2. C.K. SRIKANTA
S/O KRISHNAMURTHY RAO, AGE 81 YEARS
R/O NO.20, PATALAMMA TEMPLE STREET
BASAVANAGUDI, BANGALORE-560 004.
3. B.V. SRINIVASA MURTHY
S/O B.VENKATA KRISHNAIAH
AGED 77 YEARS
R/O NO.70/2, APPURAO ROAD
CHAMARAJAPET, BANGALORE-560 018.
4. C.K.VENKATARAMAIAH
S/O. C.V.KRISHNAMURTHY
AGE 69 YEARS
R/O NO.2849, 4TH MAIN, 17TH CROSS
- 69 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
BANASHANKARI II STAGE
BANGALORE-560 070.
5. SMT. B.G.LAKSHMI
W/O B.V.GUNDURAO
AGE 66 YEARS
R/O NO.70/11, APPURAO ROAD
BEHIND UMA TALKIES,CHAMARAJPET
BANGALORE-560 018.
6. SMT. MEENA DWARAKANATH
W/O V.DWARAKANATH
AGE 55 YEARS
R/O NO.63, SHANKARA PARK
RANGARO ROAD, BANGALORE-560 004.
7. SMT. SHOBHA GIRIRAJ
W/O GIRIRAJ G, AGE 54 YEARS
R/O 384, 9TH CROSS, 1ST BLOCK
JAYANAGAR, BANGALORE-560 011.
8. B.R.VIJAYENDRA KUMAR
S/O B.P.R.REDDY
AGE 37 YEARS
SMT. D.SAVAITHA
W/O B.R.VIJAYENDRA KUMA
AGED ABOUT 30 YEARS
R/O 86/A,W.G.H.S.LAYOUT
KOTHANUR MAIN ROAD J.P.NAGAR 7TH PHASE
BANGALORE-560 078.
9. MEHAR KUMAR REDDY
S/O HANUMANTHAREDDY
AGE 46 YEARS
R/O NO.86/A, W.G.H.S. LAYOUT
KOTHANUR MAIN ROAD, J.P.NAGAR 7TH PHASE
BANGALORE-560 078.
10. B.R.JAGADEESH CHANDRA PRASAD
S/O B.P.REDDY, AND
SMT. B.SREEVALI
W/O.B.R.JAGADEESHCHANDRA PRASAD
AGED 34 YEARS
R/O NO.86/A, W.G.H.S. LAYOUT
- 70 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
KOTHANUR MAIN ROAD
J.P.NAGAR7TH PHASE, BANGALORE-560 078.
11. SMT. SARASWATHI
W/O B.P.RAMACHANDRA REDDY
AGE 58 YEARS
R/O NO.86/A, W.G.H.S. LAYOUT
KOTHANUR MAIN ROAD
J.P.NAGAR 7TH PHASE, BANGALORE-560 078.
12. NAGESH M. SHASTRY
S/O M.P.SHASTRY
AGE 57 YEARS
R/O 665/1, 5TH MAIN, 5TH CROSS
HANUMANTHANAGAR, BANGALORE-560 018.
13. PARAMESHWAR K.DIXIT
S/O KRISHNA S.DIXIT
AGE 52 YEARS
R/O #26/2, 2ND FLOOR, 4TH MAIN, 12THCROSS,
WILSON GARDEN, BANGALORE-560 030.
14. SMT. GIRIJA D.HEGDE
W/O DEVARAJ H.G.HEGDE
AGE 61 YEARS
R/O NO.101, TOWER A-T, GHATAPRABHA BLOCK,
NATIONAL GAME VILLAGE
KORAMANGALA, BANGALORE-560 047.
...PETITIONERS
(BY SRI. S.A. SUDHINDRA, ADV.,)
AND:
1. STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIDHANA SOLUDHA, BANGALORE-560 001.
2. BANGALORE DEVELOPMENT AUTHORITY
REP. BY ITS COMMISSIONER
T.CHOWDAIAH ROAD
KUMARA PARK WEST, BANGALORE-560 020.
- 71 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
3. THE SPECIAL LAND ACQUISITION
OFFICER, BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD, KUMARA PARK WEST
BANGALORE-560 020.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. S. RAJASHEKAR, ADV., FOR R2 & R3)
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE
ACQUISITION PROCEEDINGS VIDE ANNEXURE-A,
PRELIMINARY NOTIFICATION DATED 23.3.1988 AND
ANNEXURE-C, FINAL NOTIFICATIONS DATED 19.10.1994
PUBLISHED IN THE KARNATAKA GAZETTE. DECLARE THAT
THE ACQUISITION PROCEEDINGS PERTAINING TO SY.NO.44
OF KOTHANUR VILLAGE IN PURSUANCE OF ANNEXURE-A,
PRELIMINARY NOTIFICATION DATED 23.3.1988 AND
ANNEXURE-C, FINAL NOTIFICATIONS DATED 19.10.1994
PUBLISHED IN THE KARNATAKA GAZETTE AS HAVING LAPSED
OR ABANDONED ON ACCOUNT OF NOT TAKING POSSESSION
OF THE LAND BY THE B.D.A. FOR MORE THAN A DECADE &
ETC.
IN WRIT PETITION NO.2475 OF 2012
BETWEEN:
1. SRI. G. SHANKAR
AGED 43 YEARS
S/O G VENKATARAMANA
R/AT NO.29, SRI VENKATADRI 2ND MAIN
AYODHA NAGAR, 5TH PHASE
J P NAGAR, BANGALORE.
...PETITIONER
(BY SRI. K. SUMAN, SR. COUNSEL FOR
SRI. NIRUPAN GOWDA, ADV.,)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVLEOPMENT DEPARTMENT
VIDHANA SOUDHA, BANGALORE.
- 72 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
K P WEST, BANGALORE 560020.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
K P WEST, BANGALORE 560020.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. P. PRASANNA KUMAR, ADV., FOR R2
SRI. B.S. SACHIN, ADV., FOR R3)
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE
ACQUISITION PROCEEDINGS IN RESPECT OF THE LANDS OF
THE PETITIONER IN SY.NO.31/9, MEASURING 1 ACRE 15
GUNTAS, INCLUDING 01 GUNTA KHARAB, SITUATED AT
KOTHANUR VILLAGE, UTTARAHALLI HOBLI, BANGALORE
SOUTH TALUK, UNDER PRELIMINARY NOTIFICATION DATED
23.3.1988 VIDE ANNEXURE-E, AND THE FINAL NOTIFICATION
DATED 5.4.1999 i.e. ANNEXURE-E1, AS HAVING LAPSED AND
BECOME VOID & ETC.
IN WRIT PETITION NO.9869 OF 2012
BETWEEN:
1. SMT. PADMAMMA
W/O M HANUMAIAH
AGED ABOUT 65 YEARS.
2. SMT LAKSHMAMMA
D/O M HANUMAIAH
AGED ABOUT 50 YEARS.
3. SMT H SAVITHRAMMA
D/O M HANUMAIAH
AGED ABOUT 48 YEARS.
4. SMT H NANJAMMA
D/O M HANUMAIAH
AGED ABOUT 46 YEARS.
- 73 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
5. SMT H RANI
D/O M HANUMAIAH
AGED ABOUT 44 YEARS.
6. SMT H CHANDRAKALA
D/O M HANUMAIAH
AGED ABOUT 41 YEARS.
7. SMT H HEMAVATHI
D/O M HANUMAIAH
AGED ABOUT 39 YEARS.
8. SMT H SUSHEELA
D/O M HANUMAIAH
AGED ABOUT 38 YEARS.
9. SMT H VARALAKSHMI
D/O M HANUMAIAH
AGED ABOUT 36 YEARS.
ALL ARE R/AT NO.85, SBM COLONY,
CHUNCHAGHATTA II MAIN ROAD
KONANAKUNTE POST
BANGALORE.
ALL ARE REP BY GPA HOLDER
SMT DHANALAKSHMI
W/O C VENKATASWAMY RAJU, AGED 45 YRS
R/AT 104, CHENGAMARAJU SAPPOTE GARDEN
GURURAGHAVENDRA NAGAR
OPP. RBI LAYOUT, J.P. NAGE
7TH PHASE, BANGALORE-78.
...PETITIONERS
(BY SRI. K. SUMAN, SR. COUNSEL FOR
SRI. NIRUPAN GOWDA, ADV.,)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIDHANA SOUDHA, BANGALORE.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
K P WEST, BANGALORE-560020.
- 74 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
K P WEST, BANGALORE-560020.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. T.P. RAJENDRA KUMAR SUNGAY, ADV., FOR R2 & R3)
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
ACQUISITION PROCEEDINGS IN RESPECT OF THE LANDS OF
THE PETITIONER IN SY.NO.15/1B, MEASURING 1 ACRE,
SITUATED AT KOTHANUR VILLAGE, UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK UNDER PRELIMINARY
NOTIFICATION DATED 23.3.1988 i.e. ANNEXURE-K1 ISSUED BY
RESPONDENT-2 AND THE FINAL NOTIFICATION DATED
17.9.1997 i.e. ANNEXURE-K2 ISSUED BY RESPONDENT-1 AS
HAVING LAPSED AND BECOME VOID & ETC.
IN WRIT PETITION NO.17770 OF 2012
BETWEEN:
1. SRI. K.G. JOSE
AGED ABOUT 34 YEARS
S/O SRI. K. GEEVARGHESE
HOUSE NO.36, KOTHNUR VILLAGE
KOTHNUR PANCHAYAT, UTTARAHALLI, HOBLI
BANGALORE-76.
2. SRI. THANKACHAN
AGED ABOUT 52 YEARS
S/O SRI. K. GEERVARGHESE
HOUSE NO.61, KOTHNUR VILLAGE
UTTARHALLI HOBLI, BANGALORE-76.
3. SRI. H. GOVINDA UDUPA
AGED ABOUT 62 YEARS
S/O PARAMESHWARA UDUPA
HOUSE NO.89, KOTHNUR VILLAGE
UTTARAHALLI HOBLI, BANGALORE-76.
4. SRI. JAGADESH D.K.
AGED ABOUT 44 YEARS
- 75 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
S/O DASAPPA
AGED ABOUT 44 YEARS
HOUSE NO.20, KOTHNUR VILLAGE
UTTARHALLI HOBLI, BANGALORE-76.
5. SRI. C. CHELAM
AGED ABOUT 56 YEARS
S/O CHENNABIDDANAIDU
AGED ABOUT 56 YEARS
HOUSE NO.8/A, KOTHNUR VILLAGE
UTTARHALLI HOBLI, BANGALORE-76.
...PETITIONERS
(BY SRI. N. SHARATH, ADV.,)
AND:
1. THE STATE
REP. BY PRINCIPAL SECRETARY
HOUSING & URBAN DEVELOPMENT DEPARTMENT
VIKASA SOUDHADR. B.K. AMBEDKAR VEEDHI
BANGALORE-01.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD, KUMARA PARK WEST
BANGALORE-20.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T.CHOWDAIAH ROAD, BANGALORE-20.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. MURUGESH V. CHARATI, ADV., FOR R2 & R3)
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
SCHEME PROPOSED FOR 8TH PHASE J.P. NAGAR, UNDER
PRELIMINARY NOTIFICATION DTD.26.5.1988 AND FINAL
NOTIFICATION DTD.19.10.1994 STATUTARY BY ISSUING A
MANDAMUS AND OTHER APPROPRIATE WRIT OR DIRECTION,
DIRECTING THE R1 TO ISSUE A NOTIFICATION U/S 48(1) OF
THE LAND ACQUISITION ACT DENOTIFYING SURVEY NO.43 OF
- 76 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
KOTHNUR VILLAGE, TO AN EXTENT OF 12 ACRES 1 GUNTA
FROM THE ACQUISITION PROCEEDING IN THE INTEREST OF
JUSTICE AND EQUITY & ETC.
IN WRIT PETITION NO.18111 OF 2012
BETWEEN:
1. SRI. SRINIVAS
AGED ABOUT 38 YEARS
S/O SRI K N MARAPPA
HOUSE NO 43, KOTHNUR VILLAGE
UTTARAHALLI HOBLI, BANGALORE-560076.
2. SMT SURIYA JABEEN
AGED ABOUT 63 YEARS
W/O SRI KHADER SHARIEF
HOUSE NO 37, KOTNUR VILLAGE
UTTARAHALLI HOBLI, BANGALORE-560076.
3. SRI RAMACHANDRA L
AGED ABOUT 47 YEARS
S/O SRI A M LINGAIAH
HOUSE NO 19, KOTHNUR VILLAGE
UTTARAHALLI HOBLI, BANGALORE-560076.
4. SRI L SHIVA KUMAR
AGED ABOUT 39 YEARS
S/O A M LINGAIAH
HOUSE NO 18, KOTHNUR VILLAGE
UTTARAHALLI HOBLI, BANGALORE-560076.
5. SRI DESHIKAN
AGED ABOUT 55 YEARS
S/O LATE SRIMITHA GOUNDAR
HOUSE NO 88, KOTHNUR VILLAGE
UTTARAHALLI HOBLI, BANGALORE-560076.
...PETITIONERS
(BY SRI. N. SHARATH, ADV.,)
AND:
1. THE STATE
REPRESENTED BY PRINCIPAL SECRETARY
HOUSING AND URBAN DEVELOPMENT
- 77 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
DEPARTMENT, VIKASA SOUDHA
DR B K AMBEDKAR VEEDHI
BANGALORE-560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD
KUMARA PARKWEST
BANGALORE-560020.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. MURUGESH V. CHARATI, ADV., FOR R2 & R3)
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE
SCHEME PROPOSED FOR 8TH PHASE JP NAGAR, UNDER
PRELIMINARY NOTIFICATION DATED 26.5.1988 AND FINAL
NOTIFICATION DATED 19.10.94 STATUTARY BY ISSUING A
MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR
DIRECTION, DIRECTING THE R1 TO ISSUE A NOTIFICATION
U/S 48(1) OF THE LAND ACQUISITION ACT DENOTIFYING SY
NO.43 OF KOTHNUR VILLAGE TO AN EXTENT OF 12 ACRES 1
GUNTA FROM THE ACQUISITION PROCEEDING & ETC.
IN WRIT PETITION NO.18348 OF 2012
BETWEEN:
1. SRI. T. NAGAPPA
S/O LATE TIMMAPPA
AGED ABOUT 55 YEARS
HOUSE NO.120/2, KOTHNUR VILLAGE
KOTHUR PANCHAYATHI
UTTARAHALLI HOBLI, BANGALORE-560076.
2. SRI G RAMACHANDRA REDDY
S/O LATE G.RANGA REDDY
AGED ABOUT 63 YEARS
HOUSE NO.57, KOTNUR VILLAGE
- 78 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
UTTARAHALLI HOBLI, BANGALORE-560076.
3. SRI K GIRI
S/O LATE K. KRISHNA REDDY
AGED ABOUT 34 YEARS
HOUSE NO.4, KOTHNUR VILLAGE
UTTARAHALLI HOBLI, BANGALORE.
4. SRI V G SUBARAMANEMMY
S/O LATE V.GANGULAIAH
AGED ABOUT 48 YEARS
HOUSE NO.64, KOTHNUR VILLAGE
UTTARAHALLI HOBLI, BANGALORE-76.
5. SRI K SOMASHEKAR REDDY
S/O LATE K.ERRAKONDA REDDY
AGED ABOUT 35 YEARS
HOUSE NO.53 & 54,KOTHNUR VILLAGE
UTTARAHALLI HOBLI, BANGALORE-763.
...PETITIONERS
(BY SRI. N. SHARATH, ADV.,)
AND:
1. THE STATE
REPRESENTED BY PRINCIPAL SECRETARY
HOUSING AND URBAN DEVELOPMENT DEPARMENT
VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI
BANGALORE-560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T.CHOWDAIAH ROAD,
KUMARA PARK WEST
BANGALORE-560020.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T.CHOWDAIAH ROAD, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. MURUGESH V. CHARATI, ADV., FOR R2 & R3)
- 79 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
SCHEME PROPOSED FOR 8TH PHASE J.P. NAGAR, UNDER
PRELIMINARY NOTIFICATION DTD.26.5.1988 AND FINAL
NOTIFICATION DTD.19.10.1994 STATUARY BY ISSUING A
MADAMS AND OTHER APPROPRIATE WRIT OR DIRECTION,
DIRECTING THE FIRST RESPONDENT TO ISSUE A
NOTIFICATION U/S 48(1) OF THE LAND ACQUISITION ACT
DENOTIFYING SURVEY NO.43 OF KOTHNUR VILLAGE, TO AN
EXTENT OF 12 ACRES 1 GUNTA FROM THE ACQUISITION
PROCEEDING & ETC.
IN WRIT PETITION NO.18604 OF 2012
BETWEEN:
1. SRI. E. ARJUN REDDY
AGED ABOUT 51 YEARS
S/O SRI CHINNAPPA REDDY
HOUSE NO.53 & 54, KOTHNUR VILLAGE
KOTHNUR PANCHYATHI, UTTARAHALI HOBLI
BANGALORE-560076.
2. SRI K.V. RAJAGOPAL
S/O LATE K.V. KRISHNAIAH
AGED ABOUT 63 YEARS
HOUSE NO.2, KOTHNUR VILLAGE
KOTHNUR PANCHAYATHI UTTRAHALLI HOBLI
BANGALORE-560076.
3. SRI S. NAGENDRA
AGED ABOUT 35 YEARS
S/O LATE S.P. SUDHAKAR
HOUSE NO.28, KOTNUR VILLAGE
UTTARAHALLI HOBLI, BANGALORE-560076.
4. SMT. C.B. JAYASHRE
AGED ABOUT 40 YEARS
W/O. V. CHANDRAKARAIAH
HOUSE NO.97, KOTHNUR VILLAGE
UTTARAHALLI HOBLI, BANGALORE-560076.
5. SMT. N. GOWRAMMA
W/O NEELAKANTESHWARA
- 80 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AGED ABOUT 45 YEARS
HOUSE NO.24, KOTHNUR VILLAGE
UTTARAHALLI HOBLI, BANGALORE-560076.
...PETITIONERS
(BY SRI. N. SHARATH, ADV.,)
AND:
1. THE STATE
REPRESENTED BY PRINCIPAL SECRETARY
HOUSING AND URBAN DEVELOPMENT
DEPARTMENT, VIKASA SOUDHA
DR. B.R. AMBEDKAR VEEDHI
BANGALORE-560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD, KUMARA PARK WEST
BANGALORE-560020.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. MURUGESH V. CHARATI, ADV., FOR R2 & R3)
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
SCHEME PROPOSED FOR 8TH PHASE J.P.NAGAR, UNDER
PRELIMINARY NOTIFICATION DTD.26.5.1988 AND FINAL
NOTIFICATION DTD.19.10.1994 STATUARY BY ISSUING A
MADAMS AND OTHER APPROPRIATE WRIT OR DIRECTION,
DIRECTING THE FIRST RESPONDENT TO ISSUE A
NOTIFICATION UNDER SECTION 48(1) OF THE LAND
ACQUISITION ACT DENOTIFYING SURVEY NO.43 OF KOTHNUR
VILLAGE, TO AN EXTENT OF 12 ACRES 1 GUNTA FROM THE
ACQUISITION PROCEEDING IN THE INTEREST OF JUSTICE
AND EQUITY & ETC.
- 81 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
IN WRIT PETITION NO.19197 OF 2012
BETWEEN:
1. SRI. NEELAKANTESHWARA
AGED ABOUT 55 YEARS
S/O RACHAPPA
HOUSE NO. 85, KOTHNUR VILLAGE
KOTHNUR PANCHAYATHI
UTTARAHALLI HOBLI, BANGALORE-560076.
2. SRI.K.SURYA PRAKASH
AGED ABOUT 49 YEARS
S/O LATE L. SUBRAMANYAM NAIDU
HOUSE NO.17, KOTHNUR VILLAGE
KOTHNUR PANCHAYATHI UTTARAHALLI HOBLI
BANGALORE-560076.
3. SRI N M RAMESHAN
AGED ABOUT 45 YEARS
S/O N. MAYASETTY GOWDA
HOUSE NO.17, KOTHNUR VILLAGE
KOTHNUR PANCHAYATHI UTTARAHALLI HOBLI
BANGALORE-560076.
4. SMT KAVITHA D
AGED ABOUT 29 YEARS
W/O V GIRISH
HOUSE NO.12, KOTHNUR VILLAGE
UTTARAHALLI HOBLI, BANGALORE-560076.
5. SRI H P MANJE GOWDA
S/O PUTTASWAMY GOWDA
AGED ABOUT 45 YEARS
HOUSE NO.66, KOTHNUR VILLAGE
UTTARAHALLI HOBLI, BANGALORE-560076.
6. SRI K SEENAPPA
S/O M. KEMPALINGAIAH
AGED ABOUT 52 YEARS
HOUSE NO.68, KOTHNUR VILLAGE
UTTARAHALLI HOBLI, BANGALORE-560076.
...PETITIONERS
(BY SRI. N. SHARATH, ADV.,)
- 82 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AND:
1. THE STATE
REPRESENTED BY PRINCIPAL SECRETARY
HOUSING AND URBAN DEVELOPMENT
DEPARTMENT, VIKASA SOUDHA
DR.B.K.AMBEDKAR VEEDHI
BANGALORE-560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T.CHOWDAIAH ROAD
KUMARA PARK WEST
BANGALORE-560020.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T.CHOWDAIAH ROAD, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. NARENDRA GOWDA, ADV., FOR R2 & R3)
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE
SCHEME PROPOSED FOR 8TH PHASE J.P.NAGAR, UNDER
PRLY. NOTIFICATION DT.23.3.1988 & FINAL NOTIFICATION
DT.19.10.1994 VIDE ANNEX-E & F LAPSED STATUTORILY BY
ISSUING A MADAMS & OTHER APPROPRIATE WRIT OR
DIRECTING THE R1 TO ISSUE A NOTIFICATION U/S 48(1) OF
THE LAND ACQUISITION ACT DENOTIFYING SY.NO.43, OF
KOTHNUR VILLAGE, TO AN EXTENT OF 12 ACRES 1 GUNTA
FROM THE ACQUISITION PROCEEDINGS & ETC.
IN WRIT PETITION NO.23215 OF 2012
BETWEEN:
1. SMT. JAYAMMA
AGED ABOUT 54 YEARS
W/O LAKSHMAN
KOTHNUR VILLAGE
KOTHNUR PANCHAYATHI
UTTARAHALLI HOBLI
BANGALORE-560076.
- 83 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
2. SMT C.N. PRAMILA
AGED ABOUT 51 YEARS
W/O N.M. RAMESHAN
HOUSE NO.7, KOTHNUR VILLAGE,
KOTHUR PANCHAYATHI
UTTARAHALLI HOBLI, BANGALORE-560076.
3. SRI V LAKSHMI KUMAR
AGED ABOUT 50 YEARS
S/O LATE SRI PULLAIAH,
HOUSE NO.3, KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE-560076.
4. SMT RATHNAMMA
AGED ABOUT 46 YEARS
W/O SRI G PRASANNA
HOUSE NO.42, KOTHNUR VILLAGE
UTTARAHALLI HOBLI,
BANGALORE-560076.
5. SMT SARASWATHI
AGED ABOUT 43 YEARS
W/O SRI KRISHNARAJ ARAS,
HOUSE NO.106, KOTHNUR VILLAGE,
UTTARAHALLI HOBLI, BANGALORE-560076.
6. SRI H C HIRIYANNE GOWDA
AGED ABOUT 56 YEARS
S/O SRI CHELUVE GOWDA
HOUSE NO.25 & 26, KOTHNUR VILLAGE
UTTARAHALLI HOBLI, BANGALORE-560076.
7. SRI K KEMPA HONNAIAH
AGED ABOUT 57 YEARS
S/O LATE KEMPARASAIAH
HOUSE NO.24, KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE-560076.
8. SRI G PRASANNA
AGED ABOUT 52 YEARS
S/O LATE N P GURUBASAPPA
- 84 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
HOUSE NO.1, KOTHNUR VILLAGE,
UTTARAHALLI HOBLI, BANGALORE-560076.
9. SRI GOVINDA
AGED ABOUT 54 YEARS
S/O SRI ANNAIAH POOJARI,
HOUSE NO.40, KOTHNUR VILLAGE,
UTTARAHALLI HOBLI, BANGALORE-560076.
10. SRI M.K. PRAKASH
AGED ABOUT 36 YEARS
S/O SRI KRISHNEG0WDA
HOUSE NO.40, KOTHNUR VILLAGE,
UTTARAHALLI HOBLI, BANGALORE-560076.
...PETITIONERS
(BY SRI. N. SHARATH , ADV.,)
AND:
1. THE STATE
REPRESENTED BY PRINCIPAL SECRETARY
HOUSING AND URBAN DEVELOPMENT
DEPARTMENT, VIKASA SOUDHA,
DR. B.R.AMBEDKAR VEEDHI,
BANGALORE-560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD, KUMARA PARK WEST,
BANGALORE-560020.
3. THE SPECIAL LAND ACQUISTION OFFICER
BANGALORE DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. M.V. CHARATI, ADV., FOR R2 & R3)
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE FIRST
RESPONDENT TO ISSUE A NOTIFICATION U/S 48[1] OF THE
LAND ACQUISITION ACT DENOTIFYING SURVEY NO.43 OF
- 85 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
KOTHNUR VILLAGE, TO AN EXTENT OF 12 ACRES 1 GUNTA
FROM THE ACQUISITION PROCEEDING BY DECLARING THAT
THE SCHEME PROPOSED FOR 8TH PHASE, J.P. NAGAR,
UNDER PRELIMINARY NOTIFICATION ISSUED BY THE II
RESPONDENT DATED 23.3.1988 AS PER ANNEXURE-E AND
FINAL NOTIFICATION ISSUED BY THE 1ST RESPONDENT
DATED 19.10.1994 VIDE ANNEXURE-F HAS STATUTORILY
ELAPSED & ETC.
IN WRIT PETITION NO.23450 OF 2012
BETWEEN:
1. SRI.BASAVARAJ
AGED ABOUT 38 YEARS
S/O SIDDEGOWDA,
HOUSE NO.34, OTHNUR VILLAGE,
KOTHNUR PANCHAYATHI,
UTTARAHALLI HOBLI,
BANGALORE-560076.
2. SRI PUTTASWAMY GOWDA
AGED ABOUT 48 YEARS,
S/O RISHNEGOWDA,
HOUSE NO.34, KOTHNUR VILLAGE,
KOTHUR PANCHAYATHI,
UTTARAHALLI HOBLI,
BANGALORE-560076.
3. SRI BORAIAH
AGED ABOUT 44 YEARS,
S/O LATE SRI. SANCHALA OBBAIAH,
HOUSE NO.44, KOTNUR VILLAGE,
UTTARAHALLI, HOBLI, BANGALORE-560076.
4. SMT INDRAMMA
AGED ABOUT 58 YEARS,
D/O SRI.RANGANATHA RAO,
HOUSE NO.18, KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE-560076.
5. SRI K DATHATHRI
AGED ABOUT 67 YEARS,
S/O:LATE BASAPPA,
- 86 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
HOUSE NO.31 & 32,
KOTHNUR VILLAGE,
UTTARAHALLI,HOBLI,
BANGALORE-560076.
6. SMT SHAKUNTALA
W/O SRI. SHAMANNA,
HOUSENO.52, KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE-560076.
7. SRI MUNIYAPPA
AGED ABOUT 54 YEARS
S/O SRI.VENKATAPPA,
HOUSE NO.30C, KOTHNUR VILLAGE,
UTTARAHALLI, HOBLI, BANGALORE-560076.
8. SRI GOPI M
AGED ABOUT 46 YEARS
S/O SRI.MUNIVENKATAPPA,
HOUSE NO.22, KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE-560076.
9. SMT. MAYAMMA
AGED ABOUT 60 YEARS
W/O SRI. RAMU,
HOUSE NO.45, KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE-560076.
10. SRI K T SRINIVAS
AGED ABOUT 36 YEARS
S/O LATE K.M. THIPPA REDDY,
HOUSE NO.1 A, KOTHNUR VILLAGE,
UTTARAHALLI HOBLI, BANGALORE-560076.
...PETITIONERS
(BY SRI. N. SHARATH, ADV.,)
AND:
1. THE STATE
REPRESENTED BY PRINCIPAL SECRETARY
HOUSING AND URBAN DEVELOPMENT,
- 87 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
DEPARTMENT, VIKASA SOUDHA,
DR.B.R.AMBEDKAR VEEDHI,
BANGALORE-560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY,
T.CHOWDAIAH ROAD,
KUMARA PARK WEST,
BANGALORE-560020.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY,
T.CHOWDAIAH ROAD, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. M.V. CHARATI, ADV., FOR R2 & R3)
THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE FIRST
RESPONDENT TO ISSUE A NOTIFICATION U/S 48[1] OF THE
LAND ACQUISITION ACT DENOTIFYING SURVEY NO.43 OF
KOTHNUR VILLAGE, TO AN EXTENT OF 12 ACRES 1 GUNTA
FROM THE ACQUISITION PROCEEDING BY DECLARING THAT
THE SCHEME PROPOSED FOR 8TH PHASE, J.P. NAGAR,
UNDER PRELIMINARY NOTIFICATION ISSUED BY THE II
RESPONDENT DATED 23.3.1988 AS PER ANNEXURE-E AND
FINAL NOTIFICATION ISSUED BY THE 1ST RESPONDENT
DATED 19.10.1994 VIDE ANNEXURE-F HAS STATUTORILY
ELAPSED & ETC.
IN WRIT PETITION NO.23627 OF 2012
BETWEEN:
1. SRI. A. LAKSHMINARAYAN
AGED ABOUT 33 YEARS,
S/O ABBAIAH REDDY,
KOTHNUR VILLAGE, KOTHNUR PANCHAYATH,
UTTARAHALLI HOBLI,BANGALORE -76.
2. SMT. A. RENUKA
AGED ABOUT 41 YEARS
W/O A. LAKSHMINARAYANA,
- 88 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
KOTHNUR VILLAGE, KOTHNUR PANCHAYATH,
UTTARAHALLI HOBLI, BANGALORE -76.
3. SRI. H.N. JAGADEESHA
AGED ABOUT 47 YEARS
S/O NANJE GOWDA,
KOTHNUR VILLAGE, KOTHNUR PANCHAYATH,
UTTARAHALLI HOBLI, BANGALORE -76.
4. SRI. K.R. PRAKASH REDDY
AGED ABOUT 52 YEARS
S/O RAMAIAH REDDY
KOTHNUR VILLAGE, KOTHNUR PANCHAYATH,
UTTARAHALLI HOBLI, BANGALORE -76.
5. SRI. D. SANJAY KUMAR
AGED ABOUT 38 YEARS
S/O SREENIVASA REDDY
KOTHNUR VILLAGE, KOTHNUR PANCHAYATH,
UTTARAHALLI HOBLI, BANGALORE -76.
6. SRI. RAJAKUMAR
AGED ABOUT 46 YEARS
S/O KANNAN
KOTHNUR VILLAGE, UTTARAHALLI HOBLI,
BANGALORE -76.
7. SRI. M.N. DASE GOWDA
AGED ABOUT 55 YEARS
S/O NARASIMAIAH
KOTHNUR VILLAGE, UTTARAHALLI HOBLI,
BANGALORE -76.
8. SRI. R. SREENIVASA
AGED ABOUT 33 YEARS,
S/O LATE C. RAMANNA,
KOTHNUR VILLAGE, UTTARAHALLI HOBLI,
BANGALORE -76.
9. SMT. H.P. LAKSHMIDEVAMMA
AGED ABOUT 50 YEARS,
W/O N. PUTTA SHAMACHAR,
KOTHNUR VILLAGE, UTTARAHALLI HOBLI,
BANGALORE -76.
- 89 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
10. SRI. V. VISHWANATH
AGED ABOUT 33 YEARS,
S/O VRUSHABENDRAPPA
KOTHNUR VILLAGE, UTTARAHALLI HOBLI,
BANGALORE -76.
...PETITIONERS
(BY SRI. N. SHARATH, ADV.,)
AND:
1. THE STATE
REP BY PRINCIPAL SECRETARY,
HOUSING AND URBAN DEVELOPMENT,
DEPARTMENT, VIKASA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BANGALORE-01.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY,
T.CHOWDAIAH ROAD,
KUMARA PARK WEST, BANGALORE -20.
3. THE SPECIAL LAND ACQUISITION OFFICER,
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. AJAY KUMAR M, ADV., FOR R2 & R3)
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO
ISSUE A NOTIFICATION U/S 48(1) OF THE LAND ACQUISITION
ACT DENOTIFYING SURVEY NO.43 OF KOTHNUR VILLAGE, TO
AN EXTENT OF 12 ACRES 1 GUNTA FROM THE ACQUSITION
PROCEEDING BY DECLARING, THAT THE SCHEME PROPOSED
FOR 8TH PHASE, J.P.NAGAR, UNDER PRELIMINARY
NOTIFICATION ISSUED BY THE II RESPONDENT DTD.23.3.1988
VIDE ANNEX-E AND FINAL NOTIFICATION ISSUED BY THE R1
DTD.19.10.1994 VIDE ANNEX-F HAS STATUTORILY ELAPSED &
ETC.
- 90 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
IN WRIT PETITION NO.24064 OF 2012
BETWEEN:
1. SRI. B M VEERESH
AGED ABOUT 43 YEARS
S/O MANJE GOWDA,
KOTHNUR VILLAGE,
KOTHNUR PANCHAYATHI
UTTARAHALLI HOBLI,
BANGALORE - 560076.
2. SRI. G.R. KISHORE
AGED ABOUT 37 YEARS,
S/O G.P.R SWAMY,
KOTHNUR VILLAGE,
KOTHUR PANCHAYATHI,
UTTARAHALLI HOBLI,
BANGALORE - 560076.
3. SRI. M. VENKATARAM
AGED ABOUT 47 YEARS,
S/O YELLANNA,
KOTHNUR VILLAGE,
UTTARAHALLI, HOBLI,
BANGALORE - 560076.
4. SMT. J.N. GOWRAMMA
AGED ABOUT 55 YEARS,
S/O S. SHIVANNA,
KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE - 560076.
5. SRI. M. SRIDHARAN
AGED ABOUT 41 YEARS,
S/O R. MADHAVAN,
KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE - 560076.
6. SRI. RAJAGOPALA GOWDA,
AGED ABOUT 53 YEARS,
S/O LATE B. SAKKARAPPA,
- 91 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE - 560076.
7. SMT. S. VAIJAYANTHIMALA
AGED ABOUT 52 YEARS,
W/O SRI SHANMUGANATHA,
KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE - 560076.
8. SRI. RAJA SUDHAKARA .K
AGED ABOUT 34 YEARS,
S/O LATE. C. KANTHARAJ,
KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE - 560076.
9. SMT. SAVITHA .N
AGED ABOUT 43 YEARS,
W/O N RAMACHANDRA,
KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE - 560076.
10. SMT. UMA BALAKRISHNA
AGED ABOUT 34 YEARS,
W/O BALAKRISHNA,
KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE - 560076.
11. SRI. B.S. GOPAL
AGED ABOUT 43 YEARS,
S/O SIDDE GOWDA,
KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE - 560076.
12. SMT. J LAKSMI CHANDRASHEKARAN
AGED ABOUT 36 YEARS,
W/O SRI. V. CHANDRASHEKARAN,
KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
- 92 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
BANGALORE - 560076.
...PETITIONERS
(BY SRI. N. SHARATH, ADV.,)
AND:
1. THE STATE
REPTD. BY PRINCIPAL SECRETARY
HOUSING AND URBAN DEVELOPMENT
DEPARTMENT, VIKASA SOUDHA,
DR.B.R. AMBEDKAR VEEDHI,
BANGALORE - 560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD, KUMARA PARK WEST,
BANGALORE - 560020.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. G.I. GACHCHINAMATH, ADV., FOR R2 & R3)
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO
ISSUED NOTIFICATION U/S 48(1) OF THE LAND ACQUISITION
ACT DENOTIFYING SY NO.43 OF KOTHNUR VILLAGE, TO AN
EXTENT OF 12 ACRES 1 GUNTA FROM THE ACQUISITION
PROCEEDING BY DECLARING THAT THE SCHEME PROPOSED
FOR 8TH PHASE, J.P.NAGAR, UNDER PRL. NOTIFICATION
ISSUED BY THE R2 VIDE ANNX-E AND FINAL NOTIFICATION
ISSUED BY THE R1 VIDE ANNX-F DATED 19.10.94 HAS
STATUTORILY ELAPSED & ETC.
IN WRIT PETITION NO.24377 OF 2012
BETWEEN:
1. SRI. K.B. MUNIRAJU
AGED ABOUT 53 YEARS,
- 93 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
S/O LATE. BUDDAREDDY,
KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE-560076.
2. SRI K M MAHESH REDDY
AGED ABOUT 23 YEARS,
S/O K.B. MUNIRAJU,
KOTHNUR VILLAGE,
KOTHUR PANCHAYATHI,
UTTARAHALLI HOBLI,
BANGALORE-560076.
3. SRI B APPAIAH
AGED ABOUT 53 YEARS,
S/O LATE BYANNA,
KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE-560076.
4. SMT T PADMAVATHY
AGED ABOUT 50 YEARS,
D/O E.THIMMARAYAPPA,
KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE-560076.
5. SRI GANGADHARAIAH
AGED ABOUT 55 YEARS,
S/O SHIVANANJAPPA,
KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE-560076.
6. SRI JALARAM CHOUDHARY
AGED ABOUT 32 YEARS,
S/O LATE JETHRAM CHOUDHARY,
KOTHNUR VILLAGE, UTTARAHALLI HOBLI,
BANGALORE-560076.
- 94 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
7. SMT B E RAJANI KUMARI
AGED ABOUT 35 YEARS,
D/O ESHWARA GOWDA,
KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE-560076.
8. SRI S LINGANAND
AGED ABOUT 57 YEARS,
S/O M. SHAMANNA,
KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE-560076.
9. SRI HEMANTH KUMAR
AGED ABOUT 53 YEARS,
S/O C.N.VENKATESHAPPA,
KOTHNUR VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE-560076.
...PETITIONERS
(BY SRI. N. SHARATH, ADV.,)
AND:
1. THE STATE
REPRESENTED BY PRINCIPAL SECRETARY,
HOUSIGN AND URBAN DEVELOPMENT
DEPARTMENT, VIKASA SOUDHA,
DR.B.K.AMBEDKAR VEEDHI,
BANGALORE-560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD,
KUMARA PARK WEST,
BANGALORE-560020.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY,
- 95 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
T. CHOWDAIAH ROAD, BANGALORE.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. M.B. PRABHAKAR, ADV., FOR R2 & R3)
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO
ISSUE A NOTIFICATION U/S 48(1) OF THE LAND ACQUISITION
ACT DENOTIFYING SY NO.43 OF KOTHNUR VILLAGE, TO AN
EXTENT OF 12 ACRES 1 GUNTA FROM THE ACQUISITION
PROCEEDING BY DECLARING THAT THE SCHEME PROPOSED
FOR 8TH PHASE J.P.NAGAR, UNDER PRELIMINARY
NOTIFICATION ISSUD BY THE R2 VIDE ANNX-E DATED
23.3.1988 AS PER ANNX-E AND FINAL NOTIFICATION ISSUED
BY R1 DATED 19.10.94 VIDE ANNX-F HAS STATUTORILY
ELAPSED.K & ETC.
IN WRIT PETITION NO.49235 OF 2012
BETWEEN:
1. SMT. SUMAN PURI
AGED ABOUT 62 YEARS,
W/O M. KRIESHEN PURI,
R/O NO. 2101, 16TH "B" MAIN
H A L II STAGE, BANGALORE-560008.
...PETITIONER
(BY SRI. SUDHINDRA S.A. ADV.,)
AND:
1. STATE OF KARNATAKA
BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT
VIDHANA VEEDHI, BANGALORE-560001.
2. BANGALORE DEVELOPMENT AUTHORITY
REPRESENTED BY ITS COMMISSIONER,
T. CHOWDAIAH ROAD, KUMARA PARK WEST,
BANGALORE-560020.
- 96 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
3. THE SPECIAL LAND ACQUISTION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD, KUMARA PARK WEST
BANGALORE-560020.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1
SRI. K. KRISHNA, ADV., FOR R2 & R3)
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE
ACQUISISTION PROCEEDINGS VIDE ANNX-A PRELIMINARY
NOTIFICATION DATED 23.3.1988 AND ANNX-C FINAL
NOTIFICATION PUBLISHED IN KARNATAKA GAZETTE DATED
19.10.1994. DECLARE THAT THE ACQUISITION PROCEEDINGS
PERTAINING TO SY NO.44 OF KOTHANUR VILLAGE IN
PURSUANCE OF ANNX-A PRELIMINARY NOTIFICATION DATED
23.3.1988 AND ANNX-C FINAL NOTIFICATIONS PUBLISHED IN
THE KARNATAKA GAZETTE DATED 19.10.1994 AS HAVING
LAPSED OR ABANDONED AN ACCOUNT OF NOT TAKING
POSSESSION OF THE LAND BY THE BDA FOR MORE THAN A
DECADE & ETC.
IN WRIT PETITION NO.15988 OF 2013
BETWEEN:
1. SRI. ABDUL WAHID KHAN
S/O LATE ABDUL JABBAR KHAN
AGED ABOUT 66 YEARS.
2. SMT. SABIHA SULTANA KHANUM
W/O SRI ABDUL WAHID KHAN
AGED ABOUT 65 YEARS.
BOTH ARE RESIDING AT NO.38/1
GREEN HOUSE APARTMENT
GROUND FLOOR I, KEMP ROAD
FRAZER TOWN, BANGALORE-560005.
...PETITIONERS
(BY SRI. C. SHANKAR REDDY, ADV.,)
- 97 -
W.A.NO.15015/2011 & CONNECTED
MATTERS
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
URBAN DEVELOPMENT DEPARTMENT,
M.S BUILDING, DR. AMBEDKAR VEEDHI
BANGALORE-560001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, BANGALORE-560020.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY,
KUMARA PARK WEST,BANGALORE-560020.
...RESPONDENTS
(BY SRI. B. RAJENDRA PRASAD, HCGP FOR R1)
THIS WP IS FILED UNDER ARTICLE 226 & 227 OF THE
CONSTITUTON OF INDIA PRAYING TO QUASH THE
PRELIMINARY NOTIFICATION DATED 23.3.1988 PASSED BY
THE R3 VIDE ANNX-P AND THE FINAL NOTIFICATION DATED
19.10.1994 VIDE ANNX-Q ISSUED BY R3 AND THE AWARD
PASSED BY THE R3 VIDE ANNX-R AS FAR AS IT RELATES TO
SY NO.80/2A MEASURING TO AN EXTENT OF THE PROPERTY
DESCRIBED IN THE SCHEDULE TO THIS WP AS HAVING
LAPSED AND ABANDONED ON ACCOUNT OF NON UTILIZATION
OF LAND BY THE BDA AND NON IMPLEMENTING THE SCHEME
OF THE BDA FOR MORE THAN 22 YEARS FROM THE DATE OF
THE PRELIMINARY NOTIFICATION & ETC.
THESE WRIT APPEALS AND WRIT PETITIONS COMING ON
FOR FINAL HEARING, THIS DAY, ALOK ARADHE J.,
DELIVERED THE FOLLOWING:
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W.A.NO.15015/2011 & CONNECTED
MATTERS
COMMON JUDGMENT
These intra court appeals have been filed by the land owners as well as the Bangalore Development Authority (hereinafter referred to as 'the Authority' for short) against various orders passed by Learned Single Judges in writ petitions. In addition, several writ petitions have been preferred by the land owners, involve the issue which arise for consideration in the intra court appeals are referred for adjudication to this court. The issue in these writ appeals and writ petitions pertain to validity of acquisition proceeding in relation to J.P.Nagar VIII Phase scheme (hereinafter referred to as 'the scheme' for short). These writ appeals and writ petitions are heard together and are being decided by this common judgment. For the facility of
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W.A.NO.15015/2011 & CONNECTED MATTERS reference facts from W.A.No.15015/2011 are being referred to.
2. The Bangalore Development Authority Act, 1976 (hereinafter referred to as 'the Act' for short) is an Act enacted with an object to provide for establishment of the development Authority for development of City of Bangalore and areas adjacent thereto. The Bangalore Development Authority (hereinafter referred to as 'the Authority' for short) is a body constituted under Section 3 of the Act. The Authority was in need of lands for development of a layout viz., J.P.Nagar VIII Phase, Kothanur Village, Uttarahalli, Bangalore Taluk. Accordingly, the proceeding for acquisition of the land was set in motion. A preliminary notification dated 23.03.1988 was issued under Section 17(1) of the Act in respect of part of land bearing Sy.No.30 situate in
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W.A.NO.15015/2011 & CONNECTED MATTERS J.P.Nagar, Kothanur Village, Uttarhalli Hobli, Bangalore Taluk (hereinafter referred to as 'the land in question' for short).
3. A final notification under Section 19(1) of the Act was issued in respect of part of the land bearing Sy.No.30 situate at J.P.Nagar VIII Phase, Kothanur Village, Varthur Hobli, Bangalore Taluk. The Authority approved the formation of layout in various survey numbers of Kothanur Village, which were subject matter of notifications dated 23.03.1988 and 19.04.1994 issued under Section 17 and 19 of the Act. 5. The respondents 1 to 10 purchased various sites comprised in converted lands in Sy.No.30 of Kothanur Village, Uttarhalli Hobli, Bangalore Taluk vide registered sale deeds dated 12.11.2003, 22.06.2004, 09.08.2004,
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W.A.NO.15015/2011 & CONNECTED MATTERS 15.12.2004, 04.12.2005, 18.04.2005 and 18.04.2005.
4. The State Government issued a notification dated 17.03.2007 by which two lands adjacent to the lands in question viz., land bearing Sy.No.37/2 and 38/3 measuring 2 acres and 20 guntas and 1 acre and 12 guntas were deleted from acquisition, in exercise of powers under Section 48 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the 1894 Act' for short). Thereafter, an award dated 12.04.2010 was passed. A mahazar was drawn by Revenue Inspector of the Authority on 20.04.2010 by which possession of the land in question was taken and thereafter, on 20.07.2010, the land was transferred by the Revenue Inspector to the Engineering Section of the Authority.
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W.A.NO.15015/2011 & CONNECTED MATTERS
5. The respondents 1 to 10 (hereinafter referred to as 'the land owners' for short) filed a writ petition on or about 03.09.2010, in which a prayer was sought that acquisition proceedings initiated by the Authority in response to the preliminary as well as final notification dated 23.03.1988 and 05.04.1999 respectively, in relation to the land held by the land owners, has lapsed on account of non utilization of the land. The Learned Single Judge by a order dated 27.07.2011 inter alia held that the land owners have locus to maintain the writ petition. It was further held that there was no delay in filing the writ petition as the award was passed only on 12.04.2010. It has further been held that since the Authority has failed to substantially implement the scheme, the same has lapsed under Section 27 of the Act. The writ petitions preferred by the land owners was allowed, whereas, in certain
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W.A.NO.15015/2011 & CONNECTED MATTERS other cases, by separate orders, the writ petitions have been dismissed by learned Single Judge. In the aforesaid factual background, these appeals and writ petitions arise for our consideration.
6. Learned counsel for the Authority submitted that the owners of the land have no locus to challenge the land acquisition proceeding as they have purchased the plots on the land in question subsequent to issuance of preliminary as well as final notification. It is also urged that no pleading has been made in the writ petition to attract the ingredients of Section 27 of the Act. It is also urged that there is a delay in filing the writ petition as the same were filed after a period of six years from the acquisition of title. In support of aforesaid submissions, reliance has been placed on decisions of Hon'ble Supreme Court in 'SHIV KUMAR AND ORS. VS. UNION OF INDIA (UOI) AND ORS.', AIR
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W.A.NO.15015/2011 & CONNECTED MATTERS 2019 SC 5374 and 'DELHI DEVELOPMENT AUTHOIRTY VS. GODFREY PHILLIPS (I) LTD. AND ORS.', AIR 2022 SC 2282.
7. On the other hand, Learned Senior Counsel for the land owners at the outset submitted that the appeals preferred by the Authority cannot be entertained. It is submitted that in respect of the same scheme, viz., J.P.Nagar, VIII Stage, there are several judgments of the division benches of this court in appeals preferred by the Bangalore Development Authority wherein the appeals preferred by the Authority have been dismissed and the finding that the scheme has lapsed under Section 27 of the Act is affirmed. It is also urged that the aforesaid judgment has been accepted by the Authority and has not been challenged by filing a Special Leave Petition before Hon'ble The Supreme Court. In support of aforesaid
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W.A.NO.15015/2011 & CONNECTED MATTERS submissions, reference has been made to following judgments viz., BANGALORE DEVELOPMENT AUTHORITY AND ANOTHER VS. MR.PAUL FRANCIS AND OTHERS, W.A.NO.2823-2824/2014 DATED 08.06.2017 'BANGALORE DEVELOPMENT AUTHORITY AND ANOTHER VS. STATE OF KARNATAKA AND OTHERS', W.A.NO.2183/2017 DATED 20.06.2017 AND BANGALORE DEVELOPMENT AUTHORITY AND ANOTHER VS.
STATE OF KARNATAKA AND OTHERS', W.A.NO.3353/2016 DATED 14.09.2017.
8. We have considered the submissions made on both sides and have perused the record. Ordinarily we would have adverted to the merits of the contentions raised by Learned counsel for the parties. However, it is not necessary for us to do so in the facts of the case. Admittedly, the Authority
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W.A.NO.15015/2011 & CONNECTED MATTERS had preferred writ appeals viz., W.A.No.2823- 2824/2014, W.A.No.2183/2017 and W.A.No.3353/2016. The aforesaid appeals were decided by a division bench of this court vide judgments dated 08.06.2017, 20.06.2017 and 14.09.2017 respectively. It is also not in dispute that in the aforesaid appeals, the issue which arose for consideration before various division benches of this court was with regard to lapsing of scheme viz., J.P.Nagar VIII Stage. Admittedly, the various division benches of this court in the aforesaid intra court appeals have affirmed the findings recorded by Learned Single Judge, that the scheme has lapsed. For the facility of reference, para 4 of the order in one such appeal viz., W.A.No.2823- 2824/2014, is extracted below:
4. Having regard to such finding of fat, we are of the opinion that the Bengaluru
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W.A.NO.15015/2011 & CONNECTED MATTERS Development Authority failed to establish that the possession of the property was taken by them. We do not, therefore, find any error in the order declaring the acquisition proceedings stood lapsed insofar as it relates to the land of the writ petitioners.
9. It is also pertinent to note that the aforesaid judgments rendered by various division benches of this court have been accepted by the authority and have not been further assailed. It is also not in dispute that the order dated 14.09.2017 passed in W.A.No.3353/2016 has been upheld by Hon'ble The Supreme Court as the Special Leave Petition passed against judgment of division bench of this court has been dismissed on 14.09.2017 in SLP (Civil) Diary No.28329/2019 (BANGALORE DEVELOPMENT AUTHORITY VS. SAMPANGI AND ORS.). It is well settled in law that an order or
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W.A.NO.15015/2011 & CONNECTED MATTERS decision rendered between the parties binds them. The finding recorded in the aforesaid judgments that the scheme has lapsed has attained finality and binds the Authority. Thus, the issue relating to validity of J.P.Nagar VIII Stage has attained finality. The land owners are entitled to parity insofar as their lands in scheme are concerned. The judgment dated 14.09.2017 passed in W.A.No.3353/2016 which has been upheld by Hon'ble The Supreme Court in SLP (Civil) Diary No.28329/2019 as well as the judgment rendered by two division benches of this court in W.A.No.2823-2824/2014 and W.A.No.2183/2017 bind us.
For the aforementioned reasons, it is held that J.P.Nagar VIII Phase scheme insofar as it pertains to land of the land owners has lapsed. In the result, *W.A.No.15015/2011, W.A.No.198/2021, W.A.No. 2087/2016, W.A.No.230/2015, W.A.No.925/2013 and W.A.No.493/2021 are dismissed and the W.A.No.3518/2011 W.A.No.17970/2011, *corrected vide court order dated 18.08.2023.
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W.A.NO.15015/2011 & CONNECTED MATTERS W.A.No.1469/2012, W.A.No.1481/2012, W.A.No.2600/2012, W.A.No.2601/2012, W.A.No.2602/2012, W.A.No.2603/2012, W.A.No.2604/2012, W.A.No.2605/2012, W.A.No.2606/2012, W.A.No.2607/2012, W.A.No.2608/2012, W.A.No.2609/2012, W.A.No.2610/2012, W.A.No.2611/2012, W.A.No.2612/2012, W.A.No.2613/2012, W.A.No.2614/2012, W.A.No.2615/2012, W.A.No.2616/2012, W.A.No.2617/2012, * * * * * W.P.No.30970/2010, W.P.No.31832/2010, W.P.No.31993/2010, W.P.No.2134/2011, W.P.No.2158/2011, W.P.No.35313/2011, W.P.No.47155/2011, W.P.No.2353/2012, W.P.No.2475/2012, W.P.No.9869/2012, W.P.No.17770/2012, *deleted vide court order dated 18.08.2023.
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W.A.NO.15015/2011 & CONNECTED MATTERS W.P.No.18111/12, W.P.No.18348/2012, W.P.No.18604/2012, W.P.No.19197/12, W.P.No.23215/2012, W.P.No.23450/2012, W.P.No.23627/12, W.P.No.24064/2012, W.P.No.24377/2012, W.P.No.49235/2012, W.P.No.15988/2013 are allowed and judgments passed by Learned Single Judges in the aforesaid writ appeals are set aside.
Sd/-
JUDGE Sd/-
JUDGE SS