Karnataka High Court
Smt Manjula R Shetty vs Bangalore Development Authority on 19 February, 2024
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NC: 2024:KHC:6884
WP No. 20847 of 2019
C/W WP No. 20842 of 2019
WP No. 8982 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 20847 OF 2019 (BDA)
C/W
WRIT PETITION NO. 20842 OF 2019 (BDA)
WRIT PETITION NO. 8982 OF 2021 (BDA)
IN WP NO. 20847/2019
BETWEEN:
SRI. T S S N MANJUNATH RAO,
S/O T. HARIHARA RAO,
AGED ABOUT 48 YEARS,
RESIDING AT NO.311, 5TH MAIN,
1ST STAGE, BEML LAYOUT,
BASAVESHWARANAGAR,
BENGALURU - 79.
...PETITIONER
Digitally signed
by V (BY SRI. DEEPAK BHASKAR, ADVOCATE)
MANJUSHA
BAI
Location: High
AND:
Court of
Karnataka
1. BANGALORE DEVELOPMENT AUTHORITY
THROUGH ITS COMMISSIONER,
T. CHOWDAIAH ROAD,
KUMARA PARK WEST,
BENGALURU - 560 020.
2. STATE OF KARNATAKA,
THROUGH THE URBAN DEVELOPMENT DEPARTMENT,
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NC: 2024:KHC:6884
WP No. 20847 of 2019
C/W WP No. 20842 of 2019
WP No. 8982 of 2021
REPRESENTED BY ITS ADDITIONAL CHIEF
SECRETARY, HAVING ADDRESS AT
NO.436, VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 01.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. SACHIN B.S, ADVOCATE FOR R1;
SRI. YOGESH D. NAIK, AGA FOR R2)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE
RESPONDENT TO DISMANTLE ANY AND ALL CONSTRUCTIONS
UNDERTAKEN UPON THE ALLOTTED PROPERTY BEING SITE
NO.1525 FORMED IN ARKAVATHI LAYOUT VII BLOCK,
SY.NO.74/4 JAKKUR VILLAGE, BANGALORE 560064 AND
DESCRIBED MOREFULLY IN THE SCHEDULE ABOVE AND ETC.
IN WP NO. 20842/2019
BETWEEN:
SMT. MANJULA R SHETTY,
W/O M.C.R SHETTY,
AGED ABOUT 53 YEARS OLD,
RESIDING AT OM, 587 A, 3RD STAGE,
3RD BLOCK, BASAVESWARANAGAR,
6TH A MAIN ROAD, BENGALURU - 560 079.
...PETITIONER
(BY SRI. DEEPAK BHASKAR, ADVOCATE)
AND:
1. BANGALORE DEVELOPMENT AUTHORITY
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NC: 2024:KHC:6884
WP No. 20847 of 2019
C/W WP No. 20842 of 2019
WP No. 8982 of 2021
THROUGH ITS COMMISSIONER,
T. CHOWDAIAH ROAD,
KUMARA PARK WEST,
BENGALURU - 560 020.
2. STATE OF KARNATAKA,
THROUGH THE URBAN DEVELOPMENT DEPARTMENT,
REPRESENTED BY ITS ADDITIONAL CHIEF
SECRETARY, HAVING ADDRESS AT
NO.436, VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 01.
...RESPONDENTS
(BY SRI. G.S. KANNUR, SENIOR ADVOCATE FOR
SRI. SACHIN B.S, ADVOCATE FOR R1;
SRI. YOGESH D. NAIK, AGA FOR R2)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE
RESPONDENT TO DISMANTLE ANY AND ALL CONSTRUCTIONS
UNDERTAKEN UPON THE ALLOTTED PROPERTY BEING SITE
NO.1526 FORMED IN ARKAVATHI LAYOUT VII BLOCK,
SY.NO.74/4 JAKKUR VILLAGE, BANGALORE 560064 AND
DESCRIBED MOREFULLY IN THE SCHEDULE ABOVE AND ETC.
IN WP NO. 8982/2021
BETWEEN:
1. MRS. INDUMATHI BABU SHEKAR,
AGED ABOUT 67 YEARS,
W/O LATE G BABU SHEKAR,
687, 10TH CROSS, 7TH MAIN,
MICO LAYOUT, OPP INDIA WATER WORKS
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NC: 2024:KHC:6884
WP No. 20847 of 2019
C/W WP No. 20842 of 2019
WP No. 8982 of 2021
ASSOCIATIONS, BTM LAYOUT 2ND STAGE,
BANNERGHATTA ROAD, BANGALORE.
2. MR. HEMANTH BABU SHEKAR,
AGED ABOUT 39 YEARS OLD,
S/O LATE G BABU SHEKAR,
HAVING PERMANENT ADDRESS AT
687, 10TH CROSS, 7TH MAIN MICO LAYOUT,
OPP INDIA WATER WORKS ASSOCIATIONS,
BTM LAYOUT 2ND STAGE,
BANNERGHATTA ROAD, BANGALORE.
...PETITIONERS
(BY SRI. DEEPAK BHASKAR, ADVOCATE)
AND:
1. BANGALORE DEVELOPMENT AUTHORITY,
THROUGH ITS COMMISSIONER,
T CHOWDAIAH ROAD,
KUMARA PARK WEST
BENGALURU - 560 020.
2. STATE OF KARNATAKA,
THROUGH THE URBAN DEVELOPMENT DEPARTMENT,
REPRESENTED BY ITS ADDITIONAL CHIEF
SECRETARY, HAVING ADDRESS AT
NO.436, VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 01.
...RESPONDENTS
(BY SRI. SURAJ PATIL, ADVOCATE FOR R1;
SRI. YOGESH D. NAIK, AGA FOR R2)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO
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NC: 2024:KHC:6884
WP No. 20847 of 2019
C/W WP No. 20842 of 2019
WP No. 8982 of 2021
THE RESPONDENT - THE BANGALORE DEVELOPMENT
AUTHORITY TO DESIST FROM INTERFERING WITH THE
RIGHTS, TITLE AND INTERESTS OF THE PETITIONERS IN THE
SCHEDULE PROPERTY BEING SITE NO.1524, IN ARKAVATHI
LAYOUT, VII BLOCK, SURVEY NO.74/4, JAKKUR VILLAGE IN
ANY FORM OR MANNER, INCLUDING BY WAY OF
CONSTRUCTING A ROAD THEREUPON AND ETC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. This is yet another instance where a citizen is constrained to approach this Court due to malfeasance and misfeasance on the part of the officers of the Bangalore Development Authority.
2. The petitioners herein were allotted site Nos.1524, 1525 and 1526 in Arkavathi Layout, 7th Block, way back in the year 2006. Thereafter, due to various reasons, the size of the Arkavathi Layout shrunk and the layout was re- done, because of which the sites allotted in favour of the -6- NC: 2024:KHC:6884 WP No. 20847 of 2019 C/W WP No. 20842 of 2019 WP No. 8982 of 2021 petitioners herein no longer exist. Hence, the petitioners have been constrained to file this writ petitions.
3. On 31.05.2022, this Court passed the following order:
"1. The grievance of the petitioners is that after they were allotted sites and possession was handed over, the Bangalore Development Authority [BDA] having come to know of the gross mistake committed by the BDA of having formed sites within the buffer zone of a secondary Nala, on its own modified the layout plan and approved by itself and obliterated the sites by forming road and now the BDA wants to allot alternate sites to the petitioners in Nadaprabhu Kempegowda Layout which is at a distance of about 35 kms from Arkavathy layout.
2. Sri.Deepak Bhaskar, learned counsel for the petitioner submits that the BDA would have well allotted sites within Arkavathy layout instead of auctioning the sites to third parties and as such, he submits that respondent-BDA should explore that possibility before allotting sites to the petitioners in 'Nadaprabhu Kempegowda Layout'.-7-
NC: 2024:KHC:6884 WP No. 20847 of 2019 C/W WP No. 20842 of 2019 WP No. 8982 of 2021
3. It is not in dispute that there are several issues pertaining to the allottees of sites in the Arkavathy layout. This Court in W.P.No51929/2014 has also directed at paragraph 91(xviii) at page No.743-744 to consider the aspects relating to allotment of sites to the allottees who have lost their sites on account of re-doing of the layout or the scheme. The said paragraph is extracted hereunder for easy reference:
"The BDA shall consider the claim of all such allottees, who have been allotted site/s in Arkavati Layout, but later cancelled due to redo exercise and shall allot the site/s to such of those applicants/allotees expeditiously and at any rate within an outer limit of three (3) months from the date of receipt of copy of this order and it is also made clear that in the event of such site/s not being available in Arkavati Layout, they shall be allotted sites in any other Layout within the timeframe stipulated hereinabove".
4. The present case though is a gross dereliction of duty by the concerned persons, inasmuch as sites have been formed by the BDA in the buffer -8- NC: 2024:KHC:6884 WP No. 20847 of 2019 C/W WP No. 20842 of 2019 WP No. 8982 of 2021 zone of a secondary Nala, same has resulted in re-doing of the layout plan virtually obliterating the sites which have been allotted to the petitioners. Petitioners would also be entitled to the benefits of the directions issued by this Court in paragraph 91(xviii) as extracted hereinabove.
5. Sri.B.S.Sachin, learned counsel submits that the plots which are being auctioned are being auctioned in terms of the applicable law and no fault could be found with such auction.
6. I am of the considered opinion that when there are several issues relating to the allottees which are pending resolution and those allottees are being made to run from pillar to post and are approaching this Court seeking various reliefs, it would not be to any one's benefit if the BDA is permitted to go on with auctioning corner site or otherwise until the issues relating to the existing allottees are sorted out. The preference of allotment, in my considered opinion ought to be given to the allottees who have already been allotted sites instead of bringing new persons as auction purchasers thereby increasing the litigation pertaining to the Arkavathy layout. The BDA cannot act as a private real estate company -9- NC: 2024:KHC:6884 WP No. 20847 of 2019 C/W WP No. 20842 of 2019 WP No. 8982 of 2021 to maximise the profit by auctioning corner sites but has to have empathy to resolve the dispute of existing allottees.
7. In view thereof, the respondent-BDA is restrained from auctioning any sites, corner or otherwise, in the Arkavathy layout until the grievance of the perrons like the petitioners are resolved.
8. Sri.B.S.Sachin, learned counsel seeks for and is granted a week's time to get instruction on the manner in which the petitioners' grievance could be resolved.
9. Sri.B.S.Sachin, learned counsel to inform the Commissioner-BDA in writing over the aforesaid order pending uploading of this order.
10. Relist on 7.06.2022."
4. Aggrieved by the same, the Bangalore Development Authority ('the BDA' for short) preferred W.A.No.822/2022 (BDA) and as submitted by the learned counsel for both the parties, the learned counsel for the BDA, upon instructions, submitted in W.A.No.822/2022(BDA) that
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NC: 2024:KHC:6884 WP No. 20847 of 2019 C/W WP No. 20842 of 2019 WP No. 8982 of 2021 they are in a position to reserve three sites for the petitioners in Arkavathi Layout itself. Because of which, the following order came to be passed:
"Sri D.N.Nanjunda Reddy, learned Senior Counsel for Sri Sachin B.S., learned counsel for the appellant.
Sri S.S.Mahendra, learned Additional Government Advocate for respondent No.2.
This intra Court appeal has been filed against an interim order dated 31.05.2022 passed by the learned Single Judge in W.P.Nos.20847/2019, 20842/2019 and 8982/2021.
2. During the course of hearing, a consensus has been arrived at between the parties. The interim order dated 31.05.2022 is therefore modified to the extent that Bengaluru Development Authority (hereinafter referred to as 'BDA' for short) shall identify and reserve three sites for the petitioners in W.P.Nos.20847/2019, 20842/2019 and 8982/2021. In addition, BDA shall notify the sites reserved to the petitioners in the aforesaid three writ petitions. Subject to the aforesaid,
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NC: 2024:KHC:6884 WP No. 20847 of 2019 C/W WP No. 20842 of 2019 WP No. 8982 of 2021 BDA shall be at liberty to auction any site including the corner sites in Arkavathy Layout.
Accordingly, the appeal is disposed of.
In view of disposal of the appeal, the pending interlocutory applications do not survive for consideration and are accordingly disposed of."
5. As it has become the norm in the conduct of cases by the BDA in recent days, Sri G.S.Kannur, the learned Senior counsel appearing for the BDA, submits that they are not sure whether any sites will be left in Arkavathi Layout after allotting the sites in favour of the land losers and they may or may not be in a position to allot any sites in favour of the petitioners herein in Arkavathi Layout because of there being no sites available after allotment done to the land losers.
6. It is further submitted that the allotment of sites in favour of the land losers is being determined by the Hon'ble Justice Mr.Keshavanarayana Committee as per the orders of this Court passed in W.P.No.51929/2014. It is
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NC: 2024:KHC:6884 WP No. 20847 of 2019 C/W WP No. 20842 of 2019 WP No. 8982 of 2021 also submitted that the BDA is not in a position to allot corner sites in favour of the petitioners because the same has to be auctioned as per the Disposal of Corner Sites and Commercial Sites, Rules, 1984 and the petitioners herein were allottees of intermediary sites. Under the circumstances, it is submitted by the learned Senior counsel appearing for the BDA that they would reserve three sites in favour of the petitioners herein in Nadaprabhu Kempegowda Layout and intimate the same to the petitioners including the site numbers which are reserved in their favour and the same shall not be allotted in favour of any third party and after the allotment of the sites in favour of the land losers on the recommendation of Hon'ble Justice Mr.Keshavanarayana Committee if any sites are available in Arkavathi Layout, first the petitioners will be allotted the same and thereafter, the sites reserved in Nadaprabhu Kempegowda Layout will be cancelled and in case if no sites are available to be allotted in favour of the petitioners herein, then in that event, the sites
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NC: 2024:KHC:6884 WP No. 20847 of 2019 C/W WP No. 20842 of 2019 WP No. 8982 of 2021 reserved for them in Nadaprabhu Kempegowda Layout will be allotted. It is also submitted that if at any time, the petitioners were to change their minds and request for allotment of three sites reserved to them in the Nadaprabhu Kempegowda Layout before finalization of availability of sites in the Arkavathi Layout, the sites in the Nadaprabhu Kempegowda Layout would be immediately allotted to them and they will put in possession of the same.
7. There is no doubt that the petitioners are entitled to the allotment of three sites in Arkavathi Layout. However, their case cannot be prioritized ahead of the case of the land losers and if no sites are available after allotment of sites in favour of the land losers in Arkavathi Layout, then in that event, passing an order against the BDA to allot sites to the petitioners in Arkavathi Layout would be futile and under the circumstances, it would be appropriate to pass an order accepting the undertaking given by the learned Senior counsel for the BDA.
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NC: 2024:KHC:6884 WP No. 20847 of 2019 C/W WP No. 20842 of 2019 WP No. 8982 of 2021
8. Hence, the following:
ORDER i. The respondents-BDA shall reserve three sites in favour of the petitioners in W.P.Nos.20847/2019, 20842/2019 and 8982/2021 in Nadaprabhu Kempegowda Layout and intimate them as to the details of the said sites.
ii. After allotting the sites in favour of the land losers in Arkavathi Layout as per the recommendation of Hon'ble Justice Mr.Keshavanarayana Committee, if any sites are available, they shall be allotted to the petitioners immediately and the sites reserved in their favour in Nadaprabhu Kempegowda Layout will be cancelled in such an event. If no sites are available after allotting the sites in favour
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NC: 2024:KHC:6884 WP No. 20847 of 2019 C/W WP No. 20842 of 2019 WP No. 8982 of 2021 of the land losers in Arkavathi Layout, then the sites reserved in favour of the petitioners will be allotted to them in Nadaprabhu Kempegowda Layout.
Pending interlocutory applications, if any stand disposed of.
Sd/-
JUDGE CH List No.: 1 Sl No.: 25 CT: BHK