Karnataka High Court
M/S N D Properties Pvt Ltd vs The Commissioner on 24 January, 2024
-1-
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO.3176 OF 2022
C/W
W.P. NOS.18855/2021, 21916/2021, 2825/2022,
2950/2022, 2971/2022, 3139/2022, 3140/2022,
3445/2022, 3448/2022, 4045/2022, 4240/2022,
10060/2022, 13256/2022, 16196/2023,
16199/2023, 16227/2023, 16356/2023
& W.P. NO.16357/2023 (LA-BDA)
IN W.P. NO.3176 OF 2022:
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
Digitally
signed by V A PRIVATE LIMITED COMPANY
MANJUSHA INCORPORATED UNDER THE COMPANIES ACT
BAI HAVING ITS OFFICE AT NO.398
Location:
High Court of 2ND FLOOR, 7TH CROSS, MICO LAY OUT
Karnataka BTM 2ND STAGE
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
-2-
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
2. ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
3. SRI B.M. KRISHNAMURTHY
S/O M MUNIYAPPA
AGED ABOUT 57 YEARS
R/AT BABASAHEBARAPALYA
BASAVESHWARANAGAR
KENGERI HOBLI, BANGALORE-560 060.
...RESPONDENTS
(BY SRI B. VACHAN, ADVOCATE FOR R.1 & R.2;
SRI D.L. JAGADEESH, SENIOR COUNSEL FOR
SMT. RAKSHITHA D.J., ADVOCATE FOR R.3.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
TO CONSIDER THE REPRESENTATION ANNEXURE-A DATED
23.12.2017, A-1 DATED 13.01.2021, A-2 DATED 31.07.2021
AND A-3 DATED 04.08.2021, FILED BY THE PETITIONER FOR
NOT TO RELEASE THE AWARD PASSED BY THE RESPONDENT
NOS.1 AND 2 IN FAVOUR OF RESPONDENT NO.3 TILL
DISPOSAL OF CMP.NO.188/2021 ARISED FROM THE JDA
DATED 24.04.2008 AND WRIT APPEAL NO.2064/2014 IN
RESPECT OF THE SY.NO.28, MEASURING 1 ACRE, OF
KOMMAGATTA VILLAGE, KENGERI HOBLI, BANGALORE SOUTH
TALUK, ETC.
-3-
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
IN W.P. NO.18855 OF 2021:
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT NO.398
2ND FLOOR, 7TH CROSS, MICO LAY OUT
BTM 2ND STAGE
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
2. ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
3. SRI B.M. MARANNA
S/O LATE MARAIAH
AGED ABOUT 68 YEARS,
4. SRI RAHUL
S/O BHAMINI
AGED ABOUT 23 YEARS,
BOTH ARE R/AT BABASAHEBARAPALYA
KENGERI UPANAGAR, KENGERI HOBLI
BANGALORE-560 060.
...RESPONDENTS
-4-
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
(BY SRI GOWTHAMDEV C. ULLAL, ADVOCATE FOR R.1 & R.2)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
TO CONSIDER THE REPRESENTATION ANNEXURE-A DATED
23.12.2017, A-1 DATED 13.01.2021, A-2 DATED 31.07.2021
AND A-3 DATED 04.08.2021, FILED BY THE PETITIONER FOR
NOT TO RELEASE THE AWARD PASSED BY THE RESPONDENT
NOS.1 AND 2 IN FAVOUR OF RESPONDENT NOS.3 & 4 TILL
DISPOSAL OF CMP.FR.NO.339/2021 AS ANNEXURE-G, ARISED
FROM THE JDA DATED 24.04.2008 AS ANNEXURE-B, IN
RESPECT OF THE SY.NO.18, MEASURING 1 ACRE 20 GUNTAS,
AND SY.NO.13, MEASURING 1 ACRE 08 GUNTAS, OF
K. KRISHNASAGAR VILLAGE, KENGERI HOBLI, BANGALORE
SOUTH TALUK, ETC.
IN W.P. NO.21916 OF 2021:
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT NO.398
2ND FLOOR, 7TH CROSS, MICO LAY OUT
BTM 2ND STAGE
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
-5-
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
2. ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
3. SRI RUDRAPPA
S/O LATE VEERABHADRAPPA
AGED ABOUT 55 YEARS,
4. V. RAMESH
S/O VEERABHADRAPPA
AGED ABOUT 53 YEARS,
5. V. NAGARAJ
S/O LATE VEERABHADRAPPA
AGED ABOUT 44 YEARS,
ALL ARE R/AT BABASAHEBARAPALYA
BASAVESHWARANAGAR
KENGERI HOBLI, BANGALORE-560 060.
...RESPONDENTS
(BY SRI MURUGESH V. CHARATI, ADVOCATE FOR R.1 & R.2;
SRI D.L. JAGADEESH, SENIOR COUNSEL FOR
SMT. RAKSHITHA D.J., ADVOCATE FOR R.3 TO R.5.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
TO CONSIDER THE REPRESENTATION ANNEXURE-A DATED
23.12.2017, A-1 DATED 13.01.2021, A-2 DATED 31.07.2021
AND A-3 DATED 04.08.2021, FILED BY THE PETITIONER FOR
NOT TO RELEASE THE AWARD PASSED BY THE RESPONDENT
NOS.1 AND 2 IN FAVOUR OF RESPONDENT NOS.3 TO 5 TILL
DISPOSAL OF CMP.NO.168/2021 ARISED FROM THE JDA
DATED 24.04.2008 AND WRIT APPEAL NO.2252/2014 IN
RESPECT OF THE SY.NO.14, MEASURING 1 ACRE 26.08
GUNATS, SY.NO.14, MEASURING 1 ACRE 27 GUNTAS,
SY.NO.14, MEASURING 1.08 GUNTAS, SY.NO.15 MEASURING
26 GUNTAS, ALL ARE OF KRISHNASAGAR VILLAGE, KENGERI
HOBLI, BANGALORE SOUTH TALUK, ETC.
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NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
IN W.P. NO.2825 OF 2022:
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT NO.398
2ND FLOOR, 7TH CROSS, MICO LAY OUT
BTM 2ND STAGE
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
2. ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH,
BANGALORE-560 020.
3. SRI GANGAPPA
S/O LATE MARIYAPPA
AGED ABOUT 53 YEARS,
R/AT BABASAHEBARAPALYA
BASAVESHWARANAGAR
KENGERI HOBLI, BANGALORE-560 060.
...RESPONDENTS
(BY SRI MURUGESH V. CHARATI, ADVOCATE FOR R.1 & R.2;
SRI D.L. JAGADEESH, SENIOR COUNSEL FOR
-7-
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
SMT. RAKSHITHA D.J., ADVOCATE FOR R.3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
TO CONSIDER THE REPRESENTATION ANNEXURE-A DATED
23.12.2017, A-1 DATED 13.01.2021, A-2 DATED 31.07.2021
AND A-3 DATED 04.08.2021, FILED BY THE PETITIONER FOR
NOT TO RELEASE THE AWARD PASSED BY THE RESPONDENT
NOS.1 AND 2 IN FAVOUR OF RESPONDENT NO.3 TILL
DISPOSAL OF CMP.NO.171/2021 VIDE ANNEXURE-K, ARISED
FROM THE JDA DATED 24.04.2008 VIDE ANNEXURE-B AND
W.A. NO.2264/2014 VIDE ANNEXURE-H IN RESPECT OF
SY.NO.18, MEASURING 36 GUNTAS OF KRISHNASAGAR
VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK, ETC.
IN W.P. NO.2950 OF 2022:
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT NO.398
2ND FLOOR, 7TH CROSS, MICO LAY OUT
BTM 2ND STAGE
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
2. ADDITIONAL LAND ACQUISITION OFFICER
-8-
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
3. SRI NANJAPPA
S/O ANJANAPPA
AGED ABOUT 52 YEARS,
R/AT BABASAHEBARAPALYA
BASAVESHWARANAGAR
KENGERI HOBLI, BANGALORE-560 060.
...RESPONDENTS
(BY SRI MURUGESH V. CHARATI, ADVOCATE FOR R.1 & R.2)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
TO CONSIDER THE REPRESENTATION ANNEXURE-A FILED BY
THE PETITIONER FOR NOT TO RELEASE THE AWARD PASSED
BY THE RESPONDENT NOS.1 AND 2 IN FAVOUR OF
RESPONDENT NO.3 TILL DISPOSAL OF CMP.NO.174/2021,
ARISED FROM THE JDA DATED 24.04.2008 AND W.A.
NO.2070/2014 IN RESPECT OF SY.NO.36, MEASURING 1 ACRE
22 1/2 GUNTAS, SY.NO.24, MEASURING 38 GUNTAS, SY.NO.23
MEASURING 11 1/2 GUNTAS, SY.NO.22 ACRES MEASURING 2
ACRES 20 GUNTAS OF KRISHNASAGAR VILLAGE, KENGERI
HOBLI, BANGALORE SOUTH TALUK AND ETC.
IN W.P. NO.2971 OF 2022:
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT NO.398
2ND FLOOR, 7TH CROSS, MICO LAY OUT
BTM 2ND STAGE
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
-9-
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
2. ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
3. SRI B.M. PRAKASH
S/O M. MUNIYAPPA
AGED ABOUT 52 YEARS,
R/AT BABASAHEBARAPALYA
BASAVESHWARANAGAR
KENGERI HOBLI, BANGALORE-560 060.
...RESPONDENTS
(BY SRI B. VACHAN, ADVOCATE FOR R.1 & R.2;
SRI D.L. JAGADEESH, SENIOR COUNSEL FOR
SMT. RAKSHITHA D.J., ADVOCATE FOR R.3.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
TO CONSIDER THE REPRESENTATION ANNEXURE-A DATED
23.12.2017, A-1 DATED 13.01.2021, A-2 DATED 31.07.2021
AND A-3 DATED 04.08.2021, FILED BY THE PETITIONER FOR
NOT TO RELEASE THE AWARD PASSED BY THE RESPONDENT
NOS.1 AND 2 IN FAVOUR OF RESPONDENT NO.3 TILL
DISPOSAL OF CMP.NO.185/2021 VIDE ANNEXURE-G, ARISED
FROM THE JDA DATED 24.04.2008 VIDE ANNEXURE-B, IN
RESPECT OF SY.NO.28, MEASURING 1 ACRE AT
KOMMAGHATTA VILLAGE, KENGERI HOBLI, BANGALORE
SOUTH TALUK AND ETC.
- 10 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
IN W.P. NO.3139 OF 2022:
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT NO.398
2ND FLOOR, 7TH CROSS, MICO LAY OUT
BTM 2ND STAGE
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
2. ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
3. SRI B.C. THIMMARAYAPPA
S/O. LATE CHANNAMARAPPA
AGED ABOUT 57 YEARS
R/AT BABASAHEBARAPALYA
KENGERI UPANAGAR
KENGERI HOBLI, BANGALORE-560 060.
...RESPONDENTS
(BY SRI MURUGESH V. CHARATI, ADVOCATE FOR R.1 & R.2;
SRI D.L. JAGADEESH, SENIOR COUNSEL FOR
SMT. RAKSHITHA D.J., ADVOCATE FOR R.3.)
- 11 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
TO CONSIDER THE REPRESENTATION ANNEXURE-A DATED
23.12.2017, A-1 DATED 13.01.2021, A-2 DATED 31.07.2021
AND A-3 DATED 04.08.2021, FILED BY THE PETITIONER FOR
NOT TO RELEASE THE AWARD PASSED BY THE RESPONDENT
NOS.1 AND 2 IN FAVOUR OF RESPONDENT NO.3 TILL
DISPOSAL OF CMP.NO.184/2021, ARISED FROM THE JDA
DATED 24.04.2008 VIDE ANNEXURE-B, IN RESPECT OF
SY.NO.36, MEASURING 4 ACRE AND SY.NO.23 MEASURING 19
GUNTAS, OF KRISHNASAGARA VILLAGE, KENGERI HOBLI,
BANGALORE SOUTH TALUK AND ETC.
IN W.P. NO.3140 OF 2022:
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT NO.398
2ND FLOOR, 7TH CROSS, MICO LAY OUT
BTM 2ND STAGE
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH
BANGALORE-560 020.
2. ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH
- 12 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
BANGALORE-560 020.
3. SRI KUMAR
S/O LATE CHENNAMARAIAH
AGED ABOUT 40 YEARS,
4. SRI RAGHAVENDRA
S/O LATE CHENNAMARAIAH
AGED ABOUT 37 YEARS
5. SRI THIMMARAJU
S/O LATE CHENNAMARAIAH
AGED ABOUT 35 YEARS,
ALL ARE R/AT BABASAHEBARAPALYA
BASAVESHWARANAGAR
KENGERI HOBLI
BANGALORE-560 060.
...RESPONDENTS
(BY SRI K. KRISHNA, ADVOCATE FOR R.1 & R.2)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
TO CONSIDER THE REPRESENTATION ANNEXURE-A DATED
23.12.2017, A-1 DATED 13.01.2021, A-2 DATED 31.07.2021
AND A-3 DATED 04.08.2021, FILED BY THE PETITIONER FOR
NOT TO RELEASE THE AWARD PASSED BY THE RESPONDENT
NOS.1 AND 2 IN FAVOUR OF RESPONDENT NOS.3 TO 5 TILL
DISPOSAL OF CMP.NO.172/2021, DATED 24.04.2021, VIDE
ANNEXURE-K ARISED FROM THE JDA DATED 24.04.2008 VIDE
ANNEXURE-B, AND WRIT APPEAL NO.2240/2014, VIDE
ANNEXURE-J, IN RESPECT OF THE SY.NO.37, MEASURING 2
ACRE 28 GUNTAS, OF KOMMAGHATTA, KENGERI HOBLI,
BANGALORE SOUTH TALUK, ETC.
- 13 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
IN W.P. NO.3445 OF 2022:
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT NO.398
2ND FLOOR, 7TH CROSS, MICO LAY OUT
BTM 2ND STAGE
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
2. ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
3. SRI B.V. RAMACHANDRA
S/O. L. VEERAKEMPAIAH
AGED ABOUT 56 YEARS
R/AT BABASAHEBARAPALYA
KENGERI UPANAGAR
KENGERI HOBLI, BANGALORE-560 060.
...RESPONDENTS
(BY SRI B. VACHAN, ADVOCATE FOR R.1 & R.2;
SRI D.L. JAGADEESH, SENIOR COUNSEL FOR
SMT. RAKSHITHA D.J., ADVOCATE FOR R.3.)
- 14 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
TO CONSIDER THE REPRESENTATION ANNEXURE-A DATED
23.12.2017, A-1 DATED 13.01.2021, A-2 DATED 31.07.2021
AND A-3 DATED 04.08.2021, FILED BY THE PETITIONER FOR
NOT TO RELEASE THE AWARD PASSED BY THE RESPONDENT
NOS.1 AND 2 IN FAVOUR OF RESPONDENT NO.3 TILL
DISPOSAL OF CMP.NO.177/2021, ARISED FROM THE JDA
DATED 24.04.2008 VIDE ANNEXURE-B, IN RESPECT OF
SY.NO.19, MEASURING 30 GUNTAS AND SY.NO.23 MEASURING
20 GUNTAS OF KRISHNASAGARA VILLAGE, KENGERI HOBLI,
BANGALORE SOUTH TALUK, ETC.
IN W.P. NO.3448 OF 2022:
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT NO.398
2ND FLOOR, 7TH CROSS, MICO LAY OUT
BTM 2ND STAGE
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
2. ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
- 15 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
T. CHOWDAIAH, BANGALORE-560 020.
3. SRI B.M. MURALI
S/O. MUNIYAPPA
AGED ABOUT 40 YEARS
R/AT BABASAHEBARAPALYA
BASAVESHWARA NAGAR
KENGERI HOBLI, BANGALORE-560 060.
...RESPONDENTS
(BY SRI MURUGESH V. CHARATI, ADVOCATE FOR R.1 & R.2;
R.3: SERVED AND UNREPRESENTED)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
TO CONSIDER THE REPRESENTATION ANNEXURE-A DATED
13.01.2021, A-1 DATED 23.12.2017, A-2 DATED 31.07.2021
AND A-3 DATED 04.08.2021, FILED BY THE PETITIONER FOR
NOT TO RELEASE THE AWARD PASSED BY THE RESPONDENT
NOS.1 AND 2 IN FAVOUR OF RESPONDENT NO.3 TILL
DISPOSAL OF CMP.NO.165/2021, ARISED FROM THE JDA
DATED 24.04.2008 AND WRIT APPEAL NO.2241/2014, IN
RESPECT OF SY.NO.26, MEASURING 13 GUNTAS, SY.NO.19
MEASURING 1 ACRE 4 GUNTAS AND SY.NO.23 MEASURING 19
GUNTAS OF KRISHNASAGARA VILLAGE, KENGERI HOBLI,
BANGALORE SOUTH TALUK, ETC.
IN W.P. NO.4045 OF 2022:
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT NO.398
2ND FLOOR, 7TH CROSS, MICO LAY OUT
BTM 2ND STAGE
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
- 16 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
2. ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
3. SRI B. NARASIMHAIAH
S/O. LATE CHANNAMARAPPA
AGED ABOUT 61 YEARS
R/AT BABASAHEBARAPALYA
KENGERI UPANAGAR
KENGERI HOBLI, BANGALORE-560 060.
...RESPONDENTS
(BY SRI G. LAKSHMEESH RAO, ADVOCATE FOR R.1 & R.2;
SRI D.L. JAGADEESH, SENIOR COUNSEL FOR
SMT. RAKSHITHA D.J., ADVOCATE FOR R.3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
TO CONSIDER THE REPRESENTATION ANNEXURE-A, A-1 TO
A-3 FILED BY THE PETITIONER FOR NOT TO RELEASE THE
AWARD PASSED BY THE RESPONDENT NOS.1 AND 2 IN
FAVOUR OF RESPONDENT NO.3 TILL DISPOSAL OF
CMP.NO.195/2021, ARISED FROM THE JDA DATED 24.04.2008,
IN RESPECT OF SY.NO.16, MEASURING 6 ACRE 03 GUNTAS
AND SY.NO.19 MEASURING 1 ACRE 10 GUNTAS, OF
KRISHNASAGARA VILLAGE, KENGERI HOBLI, BAGALORE
SOUTH TALUK SY.NO.28, MEASURING 2 ACRE 05 GUNTAS, OF
KOMMAGHATTA VILLAGE, KENGERI HOBLI, BANGALORE
SOUTH TALUK, ETC.
- 17 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
IN W.P. NO.4240 OF 2022:
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT NO.398
2ND FLOOR, 7TH CROSS, MICO LAY OUT
BTM 2ND STAGE
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
2. ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
3. SRI RANGAPPA
S/O. CHIKKAHANUMAIAH
AGED ABOUT 85 YEARS
R/AT BABASAHEBARAPALYA
BASAVESHWARA NAGAR
KENGERI HOBLI, BANGALORE-560 060.
...RESPONDENTS
(BY SRI MURUGESH V. CHARATI, ADVOCATE FOR R.1 & R.2)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
TO CONSIDER THE REPRESENTATION ANNEXURE-A DATED
- 18 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
23.12.2017, A-1 DATED 13.01.2021, A-2 DATED 31.07.2021
AND A-3 DATED 04.08.2021, FILED BY THE PETITIONER FOR
NOT TO RELEASE THE AWARD PASSED BY THE RESPONDENT
NOS.1 AND 2 IN FAVOUR OF RESPONDENT NO.3 TILL
DISPOSAL OF CMP.NO.225/2021, VIDE ANNEXURE-K, ARISED
FROM THE JDA DATED 24.04.2008 VIDE ANNEXURE-B AND
WRIT APPEAL NO.2247/2014 VIDE ANNEXURE-H IN RESPECT
OF THE SY.NO.27, MEASURING 5 ACRE 7 GUNTAS OF
K.KRISHNASAGAR VILLAGE, KENGERI HOBLI, BANGALORE
SOUTH TALUK, ETC.
IN W.P. NO.10060 OF 2022:
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT NO.398
2ND FLOOR, 7TH CROSS, MICO LAY OUT
BTM 2ND STAGE
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
2. ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
3. SRI HANUMAIAH
S/O LATE MARAIAH
AGED ABOUT 75 YEARS,
- 19 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
4. SRI N. MURALI
S/O LATE MUNIYAPPA
AGED ABOUT 48 YEARS,
5. SMT. LAKSHMI
D/O HANUMAIAH
AGED ABOUT 48 YEARS,
6. MANGALA
D/O HANUMAIAH
AGED ABOUT 52 YEARS,
7. MANJUNATH H
S/O HANUMAIAH
AGED ABOUT 45 YEARS,
R.3 TO R.7 ARE R/AT BABASAHEBARAPALYA
BASAVESHWARA NAGAR
KENGERI HOBLI, BANGALORE-560 060.
...RESPONDENTS
(BY SRI MURUGESH V. CHARATI, ADVOCATE FOR R.1 & R.2)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
TO CONSIDER THE REPRESENTATION ANNEXURE-A DATED
23.12.2017, A-1 DATED 13.01.2021, A-2 DATED 31.07.2021
AND A-3 DATED 04.08.2021, FILED BY THE PETITIONER FOR
NOT TO RELEASE THE AWARD PASSED BY THE RESPONDENT
NOS.1 AND 2 IN FAVOUR OF RESPONDENT NOS.3 TO 7 TILL
DISPOSAL OF CMP.NO.167/2021, ARISED FROM THE JDA
DATED 24.04.2008 AND WRIT APPEAL NO.2466/2014 IN
RESPECT OF THE SY.NO.14, MEASURING 1 ACRE 20 GUNTAS,
SY.NO.15 MEASURING 12 GUNTAS, SY.NO.116 MEASURING 3
ACRE 7 GUNTAS, MEASURING 2 ACRE 5 GUNTAS KARAB LAND
AND SY.NO.14 MEASURING 1 ACRE 10 GUNTAS, OF
K.KRISHNASAGAR VILLAGE, KENGERI HOBLI, BANGALORE
SOUTH TALUK, ETC.
- 20 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
IN W.P. NO.13256 OF 2022
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT NO.398
2ND FLOOR, 7TH CROSS, MICO LAY OUT
BTM 2ND STAGE
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
2. ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
3. SRI R. JAYARAMAIAH
S/O RANGAPPA
AGED ABOUT 60 YEARS
R/AT BABASAHEBARAPALYA
KENGERI UPANAGAR
KENGERI HOBLI, BANGALORE-560 060.
4. SRI HOMBANNA
S/O RANGAPPA
AGED ABOUT 57 YEARS
R/AT BABASAHEBARAPALYA
KENGERI UPANAGAR
KENGERI HOBLI, BANGALORE-560 060.
...RESPONDENTS
- 21 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
(BY SRI NITHIN A.M., ADVOCATE FOR R.1 & R.2;
SRI D.L. JAGADEESH, SENIOR COUNSEL FOR
SMT. RAKSHITHA D.J., ADVOCATE FOR R.3 TO R.4.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
TO CONSIDER THE REPRESENTATION ANNEXURE-A DATED
23.12.2017, A-1 DATED 13.01.2021, A-2 DATED 31.07.2021
AND A-3 DATED 04.08.2021, FILED BY THE PETITIONER FOR
NOT TO RELEASE THE AWARD PASSED BY THE RESPONDENT
NOS.1 AND 2 IN FAVOUR OF RESPONDENT NO.3 TILL
DISPOSAL OF CMP.NO.194/2021, ARISED FROM THE JDA
DATED 24.04.2008 IN RESPECT OF THE SY.NO.27/1A1,
MEASURING 8 ACRE 34 GUNTAS OF KOMMAGHATTA VILLAGE,
SY. NO.18 MEASURING 1 ACRE, SY.NO.29 MEASURING 2 ACRE
32 GUNTAS AND SY.NO.19, MEASURING 1 ACRE 20 GUNTAS
OF KRISHNASAGARA VILLAGE, KENGERI HOBLI, BANGALORE
SOUTH TALUK, ETC.
IN W.P. NO.16196 OF 2023
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT NO.398
2ND FLOOR, 7TH CROSS, MICO LAY OUT
BTM 2ND STAGE
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
- 22 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
2. ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
3. SRI M. MARANNA
S/O MUNIYAPPA
AGED ABOUT 45 YEARS,
4. SRI M. LOKESH
S/O MUNIYAPPA
AGED ABOUT 40 YEARS,
R.3 AND R.4 ARE
R/AT BABASAHEBARAPALYA
BASAVESHWARANAGAR
KENGERI HOBLI, BANGALORE-560 060.
...RESPONDENTS
(BY SRI MURUGESH V. CHARATI, ADVOCATE FOR R.1 & R.2;
R.4: SERVED.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
TO CONSIDER THE REPRESENTATION ANNEXURE-A DATED
23.12.2017, A-1 DATED 13.01.2021, A-2 DATED 31.07.2021
AND A-3 DATED 04.08.2021, FILED BY THE PETITIONER FOR
NOT TO RELEASE THE AWARD PASSED BY THE RESPONDENT
NOS.1 AND 2 IN FAVOUR OF RESPONDENT NO.3 & 4 TILL
DISPOSAL OF CMP.NO.226/2022, ARISED FROM THE JDA
DATED 24.04.2008 IN RESPECT OF THE SY.NO.24, MEASURING
38 GUNTAS OF K.KRISHNASAGARA VILLAGE, KENGERI HOBLI,
BANGALORE SOUTH TALUK, ETC.
- 23 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
IN W.P. NO.16199 OF 2023
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT NO.398
2ND FLOOR, 7TH CROSS, MICO LAY OUT
BTM 2ND STAGE
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
2. ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
3. SRI KARIYAPPA
S/O ANNAIAPPA
AGED ABOUT 64 YEARS,
4. SRI MUNIYAPPA
S/O KARIYAPPA
AGED ABOUT 40 YEARS,
5. SRI PRADEEPA
S/O KARIYAPPA
AGED ABOUT 31 YEARS,
R.3 TO R.5 ARE
R/AT BABASAHEBARAPALYA
- 24 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
BASAVESHWARANAGAR
KENGERI HOBLI, BANGALORE-560 060.
...RESPONDENTS
(BY SRI MURUGESH V. CHARATI, ADVOCATE FOR R.1 & R.2;
R.3 TO R.5: SERVED.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
TO CONSIDER THE REPRESENTATION ANNEXURE-A DATED
23.12.2017, A-1 DATED 13.01.2021, A-2 DATED 31.07.2021
AND A-3 DATED 04.08.2021, FILED BY THE PETITIONER FOR
NOT TO RELEASE THE AWARD PASSED BY THE RESPONDENT
NOS.1 AND 2 IN FAVOUR OF RESPONDENT NO.3 TO 5 TILL
DISPOSAL OF CMP.NO.215/2022 ANNEXURE-K ARISED OUT OF
THE JDA DATED 24.04.2008 AND WRIT APPEAL NO.1163/2015
ANNEXURE-H IN RESPECT OF THE SY.NO.36, MEASURING 1
ACRE 22 1/2 GUNTAS AND SY.NO.23 MEASRUING 11.08
GUNTAS, SY.NO.22 MEASURING 2 ACRE 19 GUNTAS,
SY.NO.26, MEASURING 20 GUNTAS, SY.NO.19, MEASURING 4
GUNTAS, OF KRISHNASAGAR VILLAGE, KENGERI HOBLI,
BAGALORE SOUTH TALUK, SY.NO.28 MEASURING 22 1/2
GUNTAS, OF KOMMAGHATTA VILLAGE, KENGERI HOBLI,
BANGALORE SOUTH TALUK, ETC.
IN W.P. NO.16227 OF 2023:
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT NO.398
2ND FLOOR, 7TH CROSS, MICO LAY OUT
BTM 2ND STAGE
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
- 25 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
2. ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
3. SRI GOPAL KRISHNA
S/O RANGAPPA
AGED ABOUT 64 YEARS,
R/AT BABASAHEBARAPALYA
BASAVESHWARANAGAR
KENGERI HOBLI, BANGALORE-560 060.
...RESPONDENTS
(BY SRI MURUGESH V. CHARATI, ADVOCATE FOR R.1 & R.2)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
TO CONSIDER THE REPRESENTATION ANNEXURE-A DATED
23.12.2017, A-1 DATED 13.01.2021, A-2 DATED 31.07.2021
AND A-3 DATED 04.08.2021, FILED BY THE PETITIONER FOR
NOT TO RELEASE THE AWARD PASSED BY THE RESPONDENT
NOS.1 AND 2 IN FAVOUR OF RESPONDENT NO.3 TILL
DISPOSAL OF CMP.NO.231/2022 AS ANNEXURE-G ARISED OUT
OF THE JDA DATED 24.04.2008 IN RESPECT OF THE SY.NO.28,
MEASURING 1 ACRE AT KOMMAGHATTA VILLAGE, KENGERI
HOBLI, BANGALORE SOUTH TALUK IN LAND ACQUISITION
CASE LAC.NO.413/2009-10 AS ANNEXURE-K DATED
03.11.2021, ETC.
IN W.P. NO.16356 OF 2023:
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
(SISTERS CONCERNED) OF
- 26 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
N.D. DEVELOPERS PVT. LTD.
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT NO.398
2ND FLOOR, 7TH CROSS, MICO LAY OUT
BTM 2ND STAGE, BANGALORE-560 076
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
2. ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
3. SRI B.M. SAROJAMMA
W/O G.N. SHIVANNA
AGED ABOUT 77 YEARS
R/AT BABASAHEBARAPALYA
BASAVESHWARANAGAR
KENGERI HOBLI, BANGALORE-560 060.
...RESPONDENTS
(BY SRI C.V. KIRAN, ADVOCATE FOR R.1 & R.2;
SRI D.L. JAGADEESH, SENIOR COUNSEL FOR
SMT. RAKSHITHA D.J., ADVOCATE FOR R.3.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
- 27 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
TO CONSIDER THE REPRESENTATION ANNEXURE-A DATED
23.12.2017, A-1 DATED 31.01.2021, A-2 DATED 13.01.2021
AND A-3 DATED 04.08.2021, FILED BY THE PETITIONER FOR
NOT TO RELEASE THE AWARD PASSED BY THE RESPONDENT
NOS.1 AND 2 IN FAVOUR OF RESPONDENT NO.3 TILL
DISPOSAL OF CMP.NO.222/2022 AS ANNEXURE-G ARISED OUT
OF THE MOU DATED 24.04.2008 IN RESPECT OF SY.NO.18,
MEASURING 2 ACRE 06 GUNTAS, OF K.KRISHNASAGAR
VILLAGE, KENGERI HOBLI, BANGALORE SOUTH, ETC.
IN W.P. NO.16357 OF 2023
BETWEEN:
1. M/S. N.D. PROPERTIES PVT. LTD.
(SISTERS CONCERNED) OF
N.D. DEVELOPERS PVT. LTD.
A PRIVATE LIMITED COMPANY
INCORPORATED UNDER THE COMPANIES ACT
HAVING ITS OFFICE AT NO.398
2ND FLOOR, 7TH CROSS, MICO LAY OUT
BTM 2ND STAGE, BANGALORE-560 076
REPTD. BY ITS MANAGING DIRECTOR
M.K.K. DURANI.
...PETITIONER
(BY SRI VIGNESHWARA S. SHASTRY, SENIOR COUNSEL
FOR SRI RAVIKUMAR M., ADVOCATE)
AND:
1. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH, BANGALORE-560 020.
2. ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH
BANGALORE-560 020.
- 28 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
3. SRI M. MARANNA
S/O MUNIYAPPA
AGED ABOUT 45 YEARS,
4. SRI LOKESH
S/O LATE MUNIYAPPA
AGED ABOUT 38 YEARS,
5. ARI GANGAMARAPPA
S/O SRI NANAJAPPA
AGED ABOUT 80 YEARS,
6. SRI M. MUNIYAPPA
S/O MARAIAH
AGED ABOUT 82 YEARS,
7. BETTATHIMMAIAH
S/O LATE BETTAHANUMMAIAH
AGED ABOUT 75 YEARS,
8. B.C. THIMMARAYAPPA
S/O CHANNAMARAIAH
AGED ABOUT 55 YEARS,
9. SRI NANJAPPA
S/O ANNAYAPPA
AGED ABOUT 60 YEARS,
10. SRI B.V. RAMACHANDRA @
CHANDRAPPA
S/O LATE VEERAKEMPAIAH
AGED ABOUT 54 YEARS,
R.3 TO R.10 ARE
R/AT BABASAHEBARAPALYA
BASAVESHWARANAGAR
KENGERI HOBLI, BANGALORE-560 060.
...RESPONDENTS
- 29 -
NC: 2024:KHC:3421
WP No.3176 of 2022
AND CONNECTED MATTERS
(BY SRI MURUGESH V. CHARATI, ADVOCATE FOR R.1 TO R.2;
SRI C. SHANKAR REDDY, ADVOCATE FOR R.7;
SRI D.L. JAGADEESH, SENIOR COUNSEL FOR
SMT. RAKSHITHA D.J., ADVOCATE FOR R.3 TO R.5;
R.8 to R.10)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY SUITABLE WRIT, ORDER OR DIRECTION
TO CONSIDER THE REPRESENTATION ANNEXURE-A DATED
23.12.2017, A-1 DATED 13.01.2021, A-2 DATED 31.07.2021
AND A-3 DATED 04.08.2021, FILED BY THE PETITIONER FOR
NOT TO RELEASE THE AWARD PASSED BY THE RESPONDENT
NOS.1 AND 2 IN FAVOUR OF RESPONDENT NOS.3 TO 10 TILL
DISPOSAL OF CMP.NO.229/2022 AS ANNEXURE-K, ARISED
OUT OF THE JDA DATED 24.04.2008 AND WRIT APPEAL
NO.1785/2014 AS ANNEXURE-H IN RESPECT OF THE SY.NO.13,
MEASURING 3 ACRE OF KRISHNASAGAR VILLAGE, KENGERI
HOBLI, BANGALORE SOUTH TALUK, ETC.
THESE PETITIONS COMING ON FOR ORDERS, THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. All the aforementioned writ petitions are filed by the Developer against the Bangalore Development Authority (BDA) and the landlords. It is submitted by the petitioner
- Company that a few days prior to issuance of preliminary notification by the BDA, the petitioner - Company entered into a Joint Development Agreement with the landlords for development of their respective lands and the petitioner - Company were granted 52% of the rights in the developed
- 30 -
NC: 2024:KHC:3421 WP No.3176 of 2022 AND CONNECTED MATTERS lands and landlords were entitled to 48% of the developed lands. When this was the situation, the BDA passed the preliminary notification followed by final notification, pursuant to which, the possession of the property was also taken over and in some of the cases, award has also been passed. There is no dispute with regard to the acquisition of the land or the award passed by the BDA for acquiring the said lands. The dispute pertains to sharing the award between the landlords and the developer.
2. The case of the petitioner - Company is that they are entitled to 52% of the compensation amount. It is submitted that though the Joint Development Agreement was entered into, just a few days prior to passing of the preliminary notification, with the permission of the landlords, certain developments on the lands have taken place though the lands have not been fully developed. In this regard, it is submitted that the petitioner - Company invoked arbitration clause in the agreement between the landlords and the developer and also filed an application
- 31 -
NC: 2024:KHC:3421 WP No.3176 of 2022 AND CONNECTED MATTERS under Section 11 of the Arbitration and Conciliation Act, 1996, for appointment of an Arbitrator and this Court was pleased to appoint an Arbitrator to resolve the dispute between the landlords and the developer.
3. This being the situation, it is prayed that the compensation to be paid by the BDA should not be released in favour of the landlords, but should be kept in a suspense account and has to be apportioned between the landlords and the developer, subsequent to the award passed by the Arbitral tribunal.
4. However, it is noticed that the prayers made in the writ petitions reveal that the petitioner - Company prayed for non-disbursal of the amount, till disposal of the civil miscellaneous petition filed for appointment of an arbitrator. Hence, the writ petitions have become infructuous.
5. Normally, under these circumstances, the developer would be entitled to any amount only upon proving that he has invested the money on the property and has
- 32 -
NC: 2024:KHC:3421 WP No.3176 of 2022 AND CONNECTED MATTERS developed the same to certain extent, which has to be established in the Arbitral tribunal. This Court in exercise of its power under Article 226 of the Constitution of India cannot go into the said matter.
6. Even otherwise, the Bangalore Development Authority cannot be directed to award any amount in favour of the developer, as the rights of the developer has not yet fructified as per the admission of the petitioner himself because the project has not yet been completely developed. For the said reason, the BDA cannot be directed to pay any amounts to the petitioner - Company. The petitioner -Company would be entitled to any amount only upon establishing as to the amounts spent by them for the projects from the landlords and as already stated above, the same has to be proved in an Arbitration proceedings.
7. It is noticed that in some of the writ petitions, all the parties have not been served. However, as no relief is being granted to the petitioner - Company in these writ
- 33 -
NC: 2024:KHC:3421 WP No.3176 of 2022 AND CONNECTED MATTERS petitions, service of notice to the un-served persons is considered as not necessary.
8. For the aforementioned reasons, the writ petitions are hereby dismissed.
9. Pending interlocutory applications, if any stand disposed of.
Sd/-
JUDGE VMB List : 1 Sl : 61