Karnataka High Court
Krishi Gangothri Layout vs The State Of Karnataka on 5 April, 2016
Bench: Chief Justice, Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF APRIL 2016
PRESENT
THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE RAVI MALIMATH
WRIT APPEAL NOS.3555 TO 3556 OF 2015 (BDA)
BETWEEN
1. KRISHI GANGOTHRI LAYOUT
OWN HOUSE/SITE OWNERS
WELFARE ASSOCIATION
UAS-GKVK LAYOUT
JAKKUR, BENGALURU-560064
REPRESENTED BY ITS SECRETARY
B PARAMESH
2. SOBHA SUBURBIA APARTMENT
OWNERS WELFARE ASSOCIATION
JAKKUR, BENGALURU-560064
REPRESENTED BY ITS SECRETARY
P WILLIAM
... APPELLANTS
(BY SRI ARVIND KAMATH K, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF URBAN DEVELOPMENT
MULTI STORIED BUILDING
BENGALURU-560001
2. BANGALORE DEVELOPMENT AUTHORITY
SANKEY ROAD, BENGALURU
BY ITS COMMISSIONER
3. SMT. SHARADAMMA
W/O LATE JAYARAME GOWDA
2
R/AT JAKKUR VILLAGE
YELAHANKA HOBLI
BENGALURU NORTH TALUK
BENGALURU-560064
4. MR. RAVIKUMAR
S/O LATE JAYARAME GOWDA
R/AT JAKKUR VILLAGE
YELAHANKA HOBLI
BENGALURU NORTH TALUK
BENGALURU-560064
... RESPONDENTS
(BY MISS NILOUFER AKBAR, AGA FOR R-1;
SRI B S SACHIN, ADVOCATE FOR R-2;
SRI ZULFIKIR KUMAR SHAFI, ADVOCATE FOR R-3 & 4)
THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE
THE ORDER PASSED IN WRIT PETITION NOS.35675-
35676/2015 DATED 27/08/2015.
THESE WRIT APPEALS COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE
FOLLOWING:
JUDGMENT
The writ petitioners -appellants approached this Court to ventilate their grievance that the private respondent Nos.3 and 4, unauthorisedly and illegally, blocked the public road on the premise that their lands were denotified from acquisition for formation of Arkavathi Layout although, in the Comprehensive Development Plan, 2011, and in the Revised Master Plan, 2015, the area was shown as road.
2. We are happy to know that the parties had a meeting before the Additional Chief Secretary, Urban 3 Development Department, Government of Karnataka. It is recorded that the owners gave consent for acquisition of their lands. The Bengaluru Development Authority (for short 'BDA') has, also, agreed to acquire the lands for the purpose of forming a road.
3. We, therefore, dispose of these writ appeals and record that the BDA shall initiate proceedings for acquiring the lands, in accordance with law. The owners of the lands shall give consent for such acquisition, in terms of the agreement arrived at before the Additional Chief Secretary. After the acquisition is completed, the BDA shall form a road for ingress and egress of the residents of the area, in terms of the Revised Master Plan, 2015.
4. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv