High Court of Karnataka allowed the petitioner's writ petition to quash a preliminary notification for land acquisition by BDA due to the abandonment of the Dr. Shivaram Karanth Layout scheme.
The notification annexure-E in respect of the petitioner's land is quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2016
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
WRIT PETITION No.26310 OF 2015 (LA-BDA)
BETWEEN:
N. Shantha Kumar, Aged about 56 years, Son of Sri. K. Narayanappa, Residing at No.2835, 1st Main, 80 Feet Road, HAL II Stage, Kodihalli, Bangalore 560 038.
…PETITIONER
(By Shri Naveed Ahmed, Advocate)
AND:
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…RESPONDENTS
(By Smt. Shwetha Krishnappa, Government Pleader for Respondent No.1)
This Writ Petition filed under Article 226 of the Constitution of India praying to quash the preliminary notification dated 30.12.2008 at Annexure-E issued by the Second Respondent in so for as Sy.No.36, situated at Vaderahalli Village, Yelahanka Hobli, Bangalore North (Additional) Taluk, Bangalore belonging to the petitioner.
This Writ Petition coming on for Preliminary Hearing this day, the court made the following:
O R D E R
The learned Government Pleader is directed to take notice for Respondent No.1.
that the lands sought to be acquired by the BDA under the
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Bangalore Development Authority Act, 1976 for the formation of Dr. Shivaram Karanth Layout having not progressed after issuance of a preliminary notification, the present petition also would have to be allowed, on the ground that the scheme has been abandoned.
notification Annexure-“E” in respect of the petitioner’s land stands quashed.
The learned Government Pleader is permitted to file her
memo of appearance within two weeks.
Sd/-
JUDGE
KS
2 issues framed by the court
Whether the preliminary notification for land acquisition should be quashed given the abandonment of the scheme.
Whether similar petitions allowed on the ground of abandoned schemes justify granting the same relief here.
2 provisions across 2 enactments
N. Shantha Kumar
State of Karnataka
Bangalore Development Authority
The Land Acquisition Officer
ANAND BYRAREDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
