Karnataka High Court
Mr. Vijaya Kumar Chintada vs State Of Karnataka on 8 November, 2024
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
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NC: 2024:KHC:45157
WP No. 25844 of 2024
C/W WP No. 23429 of 2024
WP No. 24815 of 2024
AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 25844 OF 2024 (LB-RES)
C/W
WRIT PETITION NO. 23429 OF 2024 (LB-BMP)
WRIT PETITION NO. 24815 OF 2024 (LB-BMP)
WRIT PETITION NO. 24816 OF 2024 (LB-BMP)
IN WP No. 25844/2024
BETWEEN:
1. MR. SHRIKAILASH
S/O LATE A VARADHARAJU,
AGED ABOUT 40 YEARS,
2. MR. BHASKAR V RAJ
S/O LATE A VARADHARAJU,
AGED ABOUT 34 YEARS,
Digitally
signed by R/AT NO.33,RAYAPPA GARDEN,
ANAND N TASKER TOWN, QUEENS ROAD,
Location:
HIGH BENGALURU-560051.
COURT OF
KARNATAKA
...PETITIONERS
(BY SRI. SURESH BABU B N.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
URBAN DEVELOPMENT AUTHORITY,
VIDHANA SOUDHA,
DR.B.R.AMBEDKAR VEEDHI,
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WP No. 25844 of 2024
C/W WP No. 23429 of 2024
WP No. 24815 of 2024
AND 1 OTHER
BENGALURU-560001
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE COMMISSIONER
BRUHATH BENGALURU
MAHANAGARA PALIKE,
N R SQUARE, HUDSON CIRCLE,
BENGALURU-560009.
3. THE KARNATAKA ROAD DEVELOPMENT
CORPORATION LIMITED
3RD FLOOR, SAMPARKA SOUDHA,
OPPOSITE TO ORION MALL,
DR RAJKUMAR ROAD,
RAJAJINAGARA,
BENGALURU-560010
REPRESENTED BY ITS MANAGING DIRECTOR.
4. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA ROAD DEVELOPMENT
CORPORATION LIMITED,
3RD FLOOR, SAMPARKA SOUDHA,
OPPOSITE TO ORION MALL,
DR RAJKUMAR ROAD,
RAJAJINAGARA,
BENGALURU-560010.
5. THE EXECUTIVE ENGINEER
ROAD INFRASTRUCTURE-MAHADEVAPURA
BRUHATH BANGALORE MAHANAGARA PALIKE,
N.R. SQUARE, HUDSON CIRCLE,
BENGALURU-560009.
...RESPONDENTS
(BY SRI.RAHUL CARIAPPA., AGA FOR R1;
SRI. PAWAN KUMAR, ADVOCATE FOR R2;
SRI. K. MANU, ADVOCATE FOR R3 TO R5)
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NC: 2024:KHC:45157
WP No. 25844 of 2024
C/W WP No. 23429 of 2024
WP No. 24815 of 2024
AND 1 OTHER
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT
QUASHING NOTIFICATION BEARING NO.
COMM/PSR/131/2017-18 DATED 05.12.2017 ISSUED
BY THE R-2 WHICH IS PRODUCED AND MARKED AS
ANNEXURE-C.
IN WP NO. 23429/2024
BETWEEN:
1. MR. VIJAYA KUMAR CHINTADA,
S/O MR RAGHUPATHI CHINTADA
AGED ABOUT 51 YEARS
2. MRS MANISHA BHATTACHARYA
W/O MR VIJAY KUMAR CHINTADA
AGED ABOUT 45 YEARS
R/AT VILLA NO.3,
WHITE ACRES CHANNASANDRA
KADUGODI POST
BENGALURU-560067.
...PETITIONERS
(BY SRI. LAKSHMISH G.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
URBAN DEVELOPMENT DEPARTMENT,
VIDHANA SOUDHA, AMBEDKAR VEEDHI
BENGALURU-560001
REP BY ITS PRINCIPAL SECRETARY.
2. THE CHIEF COMMISSIONER
BRUHAT BENGALURU
MAHANAGARA PALIKE
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WP No. 25844 of 2024
C/W WP No. 23429 of 2024
WP No. 24815 of 2024
AND 1 OTHER
N R SQUARE
BENGALURU-560002.
3. THE ASSISTANT COMMISSIONER
ACQUISITION AND TDR
BRUHAT BENGALURU
MAHANAGARA PALIKE
N R SQUARE
BENGALURU-560002.
4. THE EXECUTIVE ENGINEER
ROAD INFRASTRUCTURE
MAHADEVAPURA SUB DIVISION
BBMP, N R SQUARE
BENGALURU-560002.
5. THE LAND ACQUISITION OFFICER
BRUHAT BENGALURU MAHANAGARA PALIKE
N R SQUARE
BENGALURU-560002.
...RESPONDENTS
(BY SRI.RAHUL CARIAPPA., AGA FOR R1;
SRI. PAWAN KUMAR, ADVOCATE FOR R2 TO R5)
THIS WP IS FILED PRAYING TO(I) QUASHING THE
IMPUGNED NOTIFICATION BEARING NO.EE/R/M-PURA
269/2020.21 DATED. 07.09.2020, NOTIFIED BY THE
RESPONDENT VIDE ANNEXURE-C IN SO FAR AS THE
PETITIONERS IS CONCERNED .(II) ISSUE A WRIT IN THE
NATURE OF MANDAMUS TO CONSIDER THE
REPRESENTATION SUBMITTED BY THE PETITIONERS
AT ANNEXURE- J AND CONSEQUENTLY DIRECT THE
RESPONDENTS TO PROVIDE THE ACQUISITION PLAN
FOR THE SAID ROAD, INCLUDING GOVERNMENT
ORDER BEARING NO.UDD283BEMRUPRA2015 DATED
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WP No. 25844 of 2024
C/W WP No. 23429 of 2024
WP No. 24815 of 2024
AND 1 OTHER
07.03.2017 AND THE NOTIFICATION NO.EE/RI/M-
PURA/PR/257/17-18 DATED 31.01.2018 AND THE
EXACT COMPENSATION AMOUNT WHICH THE
PETITIONERS IS ENTITLED TO; (III) DIRECT THE
RESPONDENTS TO GRANT MONETARY COMPENSATION
TO THE PETITIONER IN LIEU OF TDR IN ACCORDANCE
WITH THE RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION AND
REHABILITATION AND RESETTLEMENT ACT. 2013, FOR
ACQUIRING THE LAND AS NOTIFIED IN THE
NOTIFICATIONS AND ETC.
IN WP NO. 24815/2024
BETWEEN:
1. SRI M SHIVARAJU
S/O MUNIVENKATAPPA,
AGED ABOUT 40 YEARS.
2. SMT. MAMATHA
W/O SRI. M. SHIVRAJU
AGED ABOUT 37 YEARS,
BOTH ARE RESIDING AT NO. 37.
MATHRUSHREE NILAYA,
SEETHARAM PALYA,
MAHADEVPURA POST,
BANGALORE -560048.
3. SRI MUSTHAFA V K
S/O LATE MOIDU HAJI
AGED ABOUT 41 YEARS
R/A NO E97/B, 4TH CROSS ROAD,
BAZAR STREET, NEELSANDRA
BANGALORE 560047.
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WP No. 25844 of 2024
C/W WP No. 23429 of 2024
WP No. 24815 of 2024
AND 1 OTHER
4. SRI MUNEER P
S/O MR. ABOOBAKER,
AGED ABOUT 40 YEARS.
R/A. 1ST CROSS, VINAYAKA LAYOUT,
2ND STAGE, KEMPAPURA,
HEBBAL, BANGALORE-560024.
5. MRS. HAJARA,
D/O MR. MOOSSA HAJEE,
AGED ABOUT 49 YEARS,
R/A. KUNHIPARABATH HOUSE.
PO KURIKKILAD, VIA-VATATAKARA
KOZHIKODE, KERALA-673 506.
6. SRI. KAMIREDDY SRINIVASALU REDDY,
S/O. M.R. CHINNAPPAREDDY,
AGED ABOUT 38 YEARS,
R/A. NO 243/3, BOREWELL ROAD,
4TH CROSS, BANGALORE-560066.
7. MISS.K.BHAVYA
DAUGHTER OF SRIK.SURESH KUMAR
AGED ABOUT 34 YEARS,
RESIDING AT NO.6-8-1063,
NGO'S COLONY
TIRUPAT (URBAN), CHITTOOR
ANDHRA PRADESH-517505.
8. MISS.K.NAVYA
DAUGHTER OF SRI K.SURESH KUMAR
AGED ABOUT 30 YEARS,
RESIDING AT NO.6-8-1063,
NGO'S COLONY
TIRUPATI (URBAN), CHITTOOR
ANDHRA PRADESH-517505.
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WP No. 25844 of 2024
C/W WP No. 23429 of 2024
WP No. 24815 of 2024
AND 1 OTHER
9. MR. ALOK BANKA,
AGED ABOUT 43 YEARS
S/O SRI ANIL KUMAR BANKA,
10. MRS RESHU SARAOGI,
AGED ABOUT 39 YEARS,
W/O SRI ALOK BANKA
BOTH ARE RESIDING AT. NO 19091.
PRESTIGE SHANTINIKETAN,
ITPL, WHITEFIELD, BANGALORE - 560048.
11. MR. SREENIVASALU M
AGED ABOUT 49 YEARS,
S/O M. SIDDAHAIAH NAIDU
12. MRS NIRMALA SREENIVASALU
AGED ABOUT 46 YEARS,
W/O MR. SREENIVASALU
BOTH ARE RESIDING AT SITE NO 1.
1ST FLOOR, SHIRIDI SAI NAGRA.
KUNDANAHALLI GATE, MARATHHALLI,
BANGALORE-560037.
...PETITIONERS
(BY SRI. VIVEK SUBBA REDDY., SENIOR ADVOCATE
FOR SRI. SUBBA REDDY K.N)
AND:
1. THE CHIEF COMMISSIONER
BRUHATH BENGALURU MAHANAGARA
PALIKE, NR SQUARE,
BENGALURU-560002.
-8-
NC: 2024:KHC:45157
WP No. 25844 of 2024
C/W WP No. 23429 of 2024
WP No. 24815 of 2024
AND 1 OTHER
2. THE DEPUTY COMMISSIONER
(LAQ AND TDR)
LAND ACQUISITION, BBMP
NR SQUARE, BENGALURU-560002.
3. THE EXECUTIVE ENGINEER
ROAD INFRASTRUCTURE,
BRUHATH BENGALURU
MAHANAGARA PALIKE, NR SQUARE,
BENGALURU-560002.
...RESPONDENTS
(BY SRI.PAWAN KUMAR., ADVOCATE FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO A) TO
DECLARE THAT THE NOTIFICATION BEARING NO.
BBMP/C.COMM/PSR(G)/2825/2023-24, DATED
18/01/2024 ISSUED BY R1 IS ILLEGAL,
UNCONSTITUTIONAL AND ULTRA VIRUS TO THE
PROVISIONS OF SECTION 14(B) (i) OF THE KARNATAKA
TOWN AND COUNTRY PLANNING ACT, 1961. B) TO
DIRECT THE AUTHORITIES NOT TO INTERFERE WITH
THE POSSESSION OF THE PETITIONERS LANDS BASED
ON THE NOTIFICATION BEARING NO.
BBMP/C.COMM/PST(G)/2825/2023-24, DATED
18/01/2024 ANNEXURE-A. C) TO DECLARE THAT THE
NOTIFICATION BEARING NO.
BBMP/C.COMM/PSR(G)/2825/2023-24, DATED
18/01/2024 IS UNCONSTITUTIONAL AND VIOLATIVE OF
ARTICLE 300 (A) OF THE CONSTITUTION OF INDIA HAS
IT USES THE WORD SHALL CONSENT WHICH IS
CONTRARY TO SECTION 14(B) OF THE KARNATAKA
TOWN AND COUNTRY PLANNING ACT, 1961.
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NC: 2024:KHC:45157
WP No. 25844 of 2024
C/W WP No. 23429 of 2024
WP No. 24815 of 2024
AND 1 OTHER
IN WP NO. 24816/2024
BETWEEN:
1. SMT.JAYAPRADHA T
DAUGHTER OF T M CHITTIBABU
AGED ABOUT 42 YEARS
RESIDING AT NO.P 410 4TH FLOOR
MAPLE BLOCK THE GREENS APARTMENT
DODDANEKKUNDI, BENGALURU 560037.
2. SRI D S DUTTA
S/O B K DUTTA
AGED ABOUT 73 YEARS
R/A NO.45
OPPOSITE SWARNA HEAVEN APARTMENTS
SWAMY VIVEKANANDA ROAD UPKAR LAYOUT
PRASHANTH EXTENSION
WHITEFIELD
BANGALORE 560066.
3. SRI SUDIP DUTTA
S/O D S DUTTA
AGED ABOUT 36 YEARS
R/A NO.45, OPPOSITE SWARNA
HEAVEN APARTMENTS
SWAMY VIVEKANANDA ROAD
UPKAR LAYOUT
PRASHANTH EXTENSION
WHITEFIELD
BANGALORE 560066.
4. SRI S THIRUMANA SEKHARAN
AGED ABOUT 77 YEARS
RESIDING AT PLT NO.46 AND 47
UPKAR LAYOUT PATTANDUR AGRAHARA
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WP No. 25844 of 2024
C/W WP No. 23429 of 2024
WP No. 24815 of 2024
AND 1 OTHER
WHITEFIELD
BANGALORE 560066.
5. SRI RAMAKRISHNA TUMATI
REP BY HIS GPA HOLDER
SRI TUMATI ANJANEYALU
SON OF LATE TUMATI PATTAIAH
AGED ABOUT 65 YEARS
RESIDING AT THIMMANAPALEM
BODDUVANI PALEM
PRAKASAM ANDHRA PRADESH 523 212.
6. SRI VENKATESH P R
S/O RAJENDRA
AGED ABOUT 36 YEARS
R/A PARAMANAHALLI VILLAGE
JADIGENAHALLI HOBLI
HOSAKOTE TALUK
BENGALURU RURAL DISTRICT 562 114.
...PETITIONERS
(BY SRI. VIVEK SUBBA REDDY, SENIOR ADVOCATE
FOR SRI. SUBBA REDDY K N.,ADVOCATE)
AND:
1. THE CHIEF COMMISSIONER
BBMP N R SQUARE
BENGALURU 560002.
2. THE DEPUTY COMMISSIONER
LAQ AND TDR
BBMP N R SQUARE
BENGALURU 560002.
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NC: 2024:KHC:45157
WP No. 25844 of 2024
C/W WP No. 23429 of 2024
WP No. 24815 of 2024
AND 1 OTHER
3. THE EXECUTIVE ENGINEER
BBMP MAHADEVAPURA DIVISION
BENGALURU 560002.
...RESPONDENTS
(BY SRI.PAWAN KUMAR., ADVOCATE FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
A) TO DECLARE THAT THE NOTIFICATION BEARING NO.
BBMP/C.COMM/PSR(G)/2825/2023-24, DATED
18/01/2024 ISSUED BY R1 IS ILLEGAL,
UNCONSTITUTIONAL AND ULTRA VIRUS TO THE
PROVISIONS OF SECTION 14(B) (i) OF THE KARNATAKA
TOWN AND COUNTRY PLANNING ACT, 1961, IN SO FAR
AS PETITIONERS CONCERNED B) TO DIRECT THE
AUTHORITIES NOT TO INTERFERE WITH THE
POSSESSION OF THE PETITIONERS LANDS BASED ON
THE NOTIFICATION BEARING NO.
BBMP/C.COMM/PST(G)/2825/2023-24, DATED
18/01/2024 ANNEXURE-A C) TO DECLARE THAT THE
NOTIFICATION BEARING NO.
BBMP/C.COMM/PSR(G)/2825/2023-24, DATED
18/01/2024 IS UNCONSTITUTIONAL AND VIOLATIVE OF
ARTICLE 300 (A) OF THE CONSTITUTION OF INDIA HAS
IT USES THE WORD SHALL CONSENT WHICH IS
CONTRARY TO SECTION 14(B) OF THE KARNATAKA
TOWN AND COUNTRY PLANNING ACT, 1961.
THESE PETITIONS, COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
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WP No. 25844 of 2024
C/W WP No. 23429 of 2024
WP No. 24815 of 2024
AND 1 OTHER
ORAL ORDER
The Writ Petition in W.P. No.25844/2024 is by the owners of different immovable properties and they have called in question the Notification dated 05.12.2017 issued by the Bruhat Bengaluru Mahanagara Palike [BBMP]. This notification is issued informing that some portion of the properties mentioned in the schedule appended to the notification are required for widening of 'Varthur Road up to 'Sarjapura Road via Gunjur Village, Phase-1' for implementation of the proposals in the approved Master Plan.
2. The other petitions are also by similarly placed persons who are aggrieved by similar notifications issued by the BBMP in respect of certain other roads. These petitions are tagged by this Court's Order dated 08.11.2024 for common disposal. The details of these petitions and the impugned notifications are as follows:
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WP No. 25844 of 2024
C/W WP No. 23429 of 2024
WP No. 24815 of 2024
AND 1 OTHER
Writ Petition Prayer Particulars
Nos. of the Road
23429/2024 The impugned Widening and
Corrigendum improvements
Notification dated to road from
07.09.2020[Annexure Vijayanagar
-C] [Gandhipura]
Main Road to
Veeraswamy
Reddy Layout
via White
Acres as per
RMP-2015
24815/2024 The Notification Formation of
and dated 18.01.2024 Swamy
24816/2024 [Annexure-A] Vivekananda
Road from
ITPL Main
Road to
Whitefield
Main Road
[SH-35] via
Brigade Tech
Park as per
RMP-2015
3. Crucially, these notifications read that the landowners/interested parties of the properties mentioned in the Schedule will be given the option of availing Development Rights under the Karnataka Town and Country Planning [Benefit of Development Rights] Rules, 2016 stipulating the details of the
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NC: 2024:KHC:45157 WP No. 25844 of 2024 C/W WP No. 23429 of 2024 WP No. 24815 of 2024 AND 1 OTHER Development Rights that would be available. The petitioners grievance as against the terms of these notifications is that they would be entitled to higher compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and hence, they cannot be under any duress to accept the Development Rights.
4. The learned counsels for the petitioners who are led by Sri Vivek Subba Reddy, a learned Senior Counsel, also submits that when similar notification was called in question, this Court has observed that the BBMP cannot interfere with the property rights of the concerned owners unless there is acquisition if they choose not to exercise the option of availing Development Rights. This Court's attention is invited to this Court's Order dated 28.07.2023 in W.P. No.6616/2023.
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5. This Court has called upon the competent from the BBMP to take a stand in view of the above, and Sri Uday Chougule, the Executive Engineer, Road Infrastructure-Mahadevapura Zone, BBMP, Bengaluru has filed an affidavit. The paragraph-5 of this affidavit reads as under:
"I submit that as mentioned in the notification accepting the Development Rights as per the KTCP Act, 2016 or for FAR is an option and if the owners do not agree or give consent for the same then the respondent-BBMP will initiate appropriate proceedings for acquisition of properties of the petitioners as may be required for the purpose of implementing their project under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other law prevailing."
6. In the light of this stand which is an acceptance of this Court's Order dated 28.07.2023 in the writ petition in W.P. No.6616/2023, the petitions stand disposed of observing that the BBMP, with all
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NC: 2024:KHC:45157 WP No. 25844 of 2024 C/W WP No. 23429 of 2024 WP No. 24815 of 2024 AND 1 OTHER the petitioners being categorical that they will not accept the offer for Development Rights, cannot interfere with the respective possession unless the proceedings are initiated for acquisition of the extents required under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or any other prevailing law.
SD/-
(B M SHYAM PRASAD) JUDGE AN/-