Remanded

Sri S Srinivasa Reddy v. State of Karnataka

Karnataka HC2 Apr 2014WP/2198/2011

Case brief

AI extract

What is this about?

This order disposed of writ petitions challenging land acquisition notifications. Relying on a BDA memo recommending deletion of specific plots due to the existence of a nursery, the court directed the State Government to pass orders within three months. Failure to do so resulted in the land being deemed withdrawn from acquisition proceedings.

What did the court decide?

Direction to the State Government to pass orders on or before 31st July 2014 regarding deletion of land from acquisition; otherwise, deemed withdrawal.

Sri S Srinivasa Reddy Vs State of Karnataka — Land Acquisition | Karnataka HC (2014)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 02^ND 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 Nos.2198-2200 OF 2011 (LA-BDA)

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BETWEEN:

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Sri. S. Srinivasa Reddy, Son of G. Siddareddy, Aged about 44 yeas, Residing at No.281, Reddy Form and Nursery, BEML Layout, Rajarajeshwari Nagara, Bangalore – 560 098.

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Smt. S. Sarojamma, Wife of Sri. Venkataramareddy, Daughter of G. Siddareddy, Aged about 57 years, Residing at No.281, Reddy Form and Nursery, BEML Layout, Rajarajeshwari Nagara, Bangalore – 560 098, Represented by her G.P.A. Holder Sri. S. Srinivasa Reddy, The first petitioner herein.

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…PETITIONERS

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(By Shri. H.P. Leeladhar and Company, Advocates)

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AND:

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State of Karnataka by Secretary to Government, Revenue Department, Vidhana Soudha, Dr. B.R. Ambedkar Veedhi, Bangalore – 560 001.

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The Commissioner, Bangalore Development Authority, T. Chowdaiah Road, Bellary Road, Bangalore – 560 020.

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Special Land Acquisition Officer, Bangalore Development Authority, T. Chowdaiah Road, Bellary Road, Bangalore – 560 020.

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…RESPONDENTS

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(By Shri. V.Y. Kumar, Advocate for Respondent Nos. 2 and 3 Shri. D. Nagaraj, Additional Government Advocate for Respondent No.1)

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These Writ Petitions filed under Articles 226 and 227 of the Constitution of India praying to call for records in preliminary and notification dated 21.5.2008 under Annexure-A and final notification issued under Section 19 of BDA dated 16.2.2010 published in Karnataka Gazette dated 18.2.2010 under Annexure-B

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These Writ Petitions 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 (BDA), files a memo, in respect of the lands forming subject matter of the present writ petitions, which reads as follows:-

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“MEMO

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In the above writ petition the petitioners have questioned the legality of the preliminary notification dated 21.5.2008 and final notification dated 18.2.2010 issued for the formation of “Nada Prabhu Kempegowda Layout” or in the alternative to regularize their land in an extent of 0 acres 13 guntas out of larger extent of land in Survey No.164/3 measuring an extent of 0 acres 17 guntas and land in an extent of 1 acres 38 guntas out of larger extent of land in Survey No.164/2 measuring an extent of 0 acres 38 guntas; and land in an extent of 1 acres 8.8. guntas out of larger extent of land in Survey No.163

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measuring an extent of 5 acres 35 guntas situated in Bheemanakuppe Village, Bangalore South Taluk.

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It is submitted that the respondent Bangalore Development Authority on perusal of the same in the above said land it is found that their exists nursery in the name of “M/s. Rose Land Farm and Nursery”. Accordingly, the respondent recommended above site for deletion from the acquisition proceedings to the Government vide letter dated 17.8.2011 Ref. No.BDA/AIAC/1580/2011-12.

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In view of the said recommendation, it is for the State Government to take appropriate action for the deletion of the aforesaid land from acquisition proceedings.

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The above information is submitted under the instructions from the Special Land acquisition Officer, BDA, Bangalore.

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In view of the above, the writ petition may be disposed of in the interest of justice and equity.”

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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 31^st

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July 2014, failing which, it shall be deemed that the lands are

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withdrawn from the acquisition proceedings.

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The petitions stand disposed of.

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Sd/-

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JUDGE

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Sri S Srinivasa Reddy v. State of Karnataka

Case brief

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Sri S Srinivasa Reddy v. State of Karnataka

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