Disposed

Sri Rama Rao Nimbalkar v. Vs the State of Karnataka

Karnataka HC21 Apr 2014WP/10710/2010

Case brief

AI extract

What is this about?

This order disposed of a writ petition challenging land acquisition notifications by directing the State Government to consider deleting specific survey numbers covering nursery lands within a specific deadline, failing which acquisition will be deemed withdrawn.

What did the court decide?

Directing the State Government to expedite consideration of the petition for deletion of survey numbers and pass orders by 30th June 2014; failing which, lands deemed withdrawn from acquisition.

Sri Rama Rao Nimbalkar v Vs the State of Karnataka — Landlord and Tenant | Karnataka HC (2014)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 21^ST DAY OF APRIL 2014

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BEFORE

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THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

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WRIT PETITION No.10710 OF 2010 (LA-BDA)

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BETWEEN:

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Sri. Rama Rao Nimbalkar .V, Son of Late H. Venkoba Rao Nimbalker, Aged 67 years, Resident of No.29, Rathnanagar, Gollarahatti Village, Kodigehalli Post, Bangalore – 560 091.

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…PETITIONER

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(By Shri. M.R. Rajagopal, Advocate)

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AND:

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The State of Karnataka

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By its Secretary, Department of Housing and Urban Development, Vidhana Soudha, Bangalore – 560 001.

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The Commissioner, Bangalore Development Authority, Kumara Park West, Bangalore.

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The Special Land Acquisition Officer, Bangalore Development Authority, Kumara Park West, Banalore.

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…RESPONDENTS

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(By Shri. H. Anantha, Additional Government Advocate for Respondent No.1

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Shri. M.N. Ramanjaneya Gowda, Advocate for Respondent Nos. 2 and 3)

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This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to quash both the preliminary and final notifications, preliminary notification dated 21.5.2008, Gazette dated 22.5.2008 and also final notification dated 18.2.2010 issued by the first respondent vide Annexure-H and Q in so far as the lands of these petitioners viz., Sy.No.10/1 and 10/2 measuring 1 acre 11 guntas, and 1 acre 39 guntas respectively.

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This Writ Petition coming on for Orders this day, the court made the following:

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O R D E R

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The learned Senior Advocate Shri Jayakumar S Patil,

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appearing for the Counsel for the respondent – Bangalore Development Authority, files a memo, which reads as follows:-

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“ M E M O

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It is submitted that the petitioners claiming to be the owners of Sy.No.9/2, measuring an extent of 2 acres 39 guntas, Sy.No.10/1, measuring an extent of 1 acre 05 guntas and Sy.No.10/2, measuring an extent of 1 acre 34 guntas situated at Manganahalli Village, Yeshwanthapura Hobli, Bangalore North Taluk, challenged the Preliminary and final notifications issued by the BDA and state for acquisition for the formation of Nada Prabhu Kempegowda Layout.

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It is submitted that as per the directions of this Hon’ble Court the LAO, inspected the Sy.Nos. and found that an extent of 0.1.08 guntas in sy.No.10/1 out of 1 acre 05 guntas of land and an extent of 17 guntas of land out of 1 acre 34 guntas of land nursery is existing, and a memo to that effect was filed before this Hon’ble Court on 8.1.2014 after serving copy on the petitioner counsel.

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It is submitted that the commissioner BDA filed an affidavit dated 18.8.2011 stating that the lands covered by nursery are to be deleted from acquisition and to that effect a resolution dated 18.12.2010 was passed in subject No.440/2010 recommending the Government to delete such lands and a total

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extent of 84 acres 26 guntas of lands is covered by nursery in several Survey Numbers notified for acquisition for the formation of Nadaprabhu Kempegowda Layout. Further one more letter dated 17.8.2011 was also addressed to the Government to take early decision to denotify such lands. It is submitted that while addressing arguments by the counsel representing BDA, the said fact was brought to the notice of this Hon’ble Court and submitted that the BDA is stand by the contents of the affidavit of the commissioner.

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It is submitted that in view of the above facts, the above writ petition may be disposed of directing the Government to consider the case of the petitioners for deletion of their survey numbers 10/1,10/2 of ManganahalliVillage, Yeshwanthapura Hobli, Bangalore North Taluk and in respect of Sy.No.9/2 the writ petition may be heard on merits. Prayed accordingly.”

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In view of the memo, it is now for the State Government

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to pass appropriate orders. The State Government shall expedite consideration and shall pass orders on or before 30^th

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June 2014, failing which, it shall be deemed that the lands are withdrawn from the acquisition proceedings.

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The petition stands disposed of.

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Sd/-

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JUDGE nv

Sri Rama Rao Nimbalkar v. Vs the State of Karnataka

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Sri Rama Rao Nimbalkar v. Vs the State of Karnataka

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