Disposed

Sri Venkataswamy Reddy v. State of Karnataka

Karnataka HC23 Apr 2014WP/31571/2010

Case brief

AI extract

What is this about?

In a writ petition challenging land acquisition notifications, the petitioner questioned the legality of proceedings regarding 5 acres of land. The court directed the State Government to pass appropriate orders for land deletion or withdrawal before July 31, 2014, failing which the land would be deemed withdrawn.

What did the court decide?

The State Government shall expedite consideration and pass orders on or before 31st July 2014; failing which, lands shall be deemed withdrawn from acquisition proceedings.

Sri Venkataswamy 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 23^rd 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.31571 OF 2010 (LA-BDA)

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BETWEEN:

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Sri. Venkataswamy Reddy, Son of Venkata Reddy, Aged 52 years, Agriculturist,

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Sri. Ramachandra Reddy, Son of Venkata Reddy, Aged 50 years, Agriculturist,

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Residing at Reddy Farm and Nursery Kommaghatta Village, Sulikere Post, Kengeri Hobli, Bangalore South Taluk.

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…PETITIONERS

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(By M/s. A. Gopalaiah Associates, Advocates )

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AND:

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State of Karnataka – represented By its Principal Secretary, Urban Development Department, Vikasa Soudha,

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Bangalore.

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The Bangalore Development Authority, T. Chowdaiah Road, Kumara Park West, Bangalore – represented by its Commissioner.

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The Additional Land Acquisition Officer, The Bangalore Development Authority,

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T. Chowdaiah Road, Kumara Park West, Bangalore – 560 020.

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…RESPONDENTS

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(By Shri. D. Nagaraj, Additional Government Advocate for Respondent No.1

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Shri. V.Y. Kumar, Advocate for Respondent Nos. 2 and 3)

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This Writ Petition filed under Article 226 of the Constitution of India praying to quash the preliminary notification dated 21.5.2008 (Sl.No.515) under Section 17(1) and (3) of Bangalore Development Authority Act passed by the Additional Land Acquisition Officer, B.D.A. Bangalore vide Annexure-E and final notification passed under Section 19(1) of BDA Act dated 18.2.2010 (Sl.No.482) passed by the Urban Development Department, Bangalore vide Annexure-G in so far it relates to Acquisition of Land measuring 5 acres 28 guntas

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out of 7 acres of land owned by the petitioners in SY.No.64 of Kommaghatta Village, Kengeri Hobli, Bangalore Sout Taluk.

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This Writ Petition coming on for Preliminary Hearing in ‘B’ Group 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, appearing for the Counsel for the respondent – Bangalore Development Authority, files a memo, 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 5 acres 28 guntas out of larger extent of land in Survey No.64 measuring an extent of 33 acres 01 guntas situated in Kommaghatta Village, Bangalore South Taluk. 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

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land for deletion from the acquisition proceedings to the Government vide letter dated 17.8.2011 BDA/AIAC/1580/2011-12. 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 the 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 31st July 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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Sri Venkataswamy Reddy v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Venkataswamy Reddy v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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