In a writ petition challenging land acquisition notifications, the High Court of Karnataka held that since connected matters resulted in the quashing of the same notifications, the present petition is summarily allowed.
The writ petition was summarily allowed as the challenge was against notifications that were already quashed in connected matters.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MARCH 2016
BEFORE
THE HON’BLE MR.JUSTICE ANAND BYRAREDDY
WRIT PETITION NO. 52861 OF 2015 (LA-BDA)
Between:
K.R.Sujatha W/o S.Shivakumar, Aged 56 years, R/at Door No.102, Kommaghatta, Sulikeri Post, Kengeri Hobli, Bangalore South Tq. Bangalore Urban District -560 060
…Petitioner
(By Sri.M.C.Basavaraju, Advocate)
And:
... Respondents
Kumara Park West, Bangalore-560 020.
(By Smt. Shwetha Krishnappa, Government Pleader for R1 Sri. K. Krishna, Advocate for R2 and R3)
This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the acquisition proceedings of R-3 the Addl. Land Acquisition Officer, T.Chowdaiah Road, Kumara Park West, Bangalore-20 vide Preliminary Notification dated 21.5.2008 publication in the Karnataka Gazette on 22.5.2008 vide publication No.498 as far as the petitioner is concerned at Sl.No.1227 at page No.64 for Sy.No.110/1 of Ramasandra village, Kengeri Hobli, Bangalore South Taluk, measuring 20 guntas vide Annexure-D and to quash the final notification issued by R-3 the Additional Land Acaquisition Officer, T.Chowdaiah Road, Kumara Park West, Bangalore-20 vide final notification dated 18.2.2010 published in the Karnataka Gazette on 18.2.2010 vide publication No.181 as far as the petitioner is concerned at Sl.No.1143 at page No.73 for Sy.No.110/1 of Ramasandra village, Kengeri Hobli, Bangalore South Taluk, measuring 20 guntas vide Annexure-E.
This writ petition coming on for preliminary hearing this day, the court made the following:
O R D E R
Sri. K. Krishna, learned counsel is directed to take notice
for respondents 2 and 3. Government Advocate is directed to
take notice for respondent No.1.
which are under challenge in the present proceedings in W.P.Nos. 32186/2010 and connected matters reported in ILR 2014 KAR 4371, the present petition is summarily allowed in terms there of.
The Government Advocate is permitted to file his memo
of appearance within two weeks.
Sd/JUDGE
Rd/-
2 issues framed by the court
Whether the petitioner moving this writ petition needs to be heard since notifications quashed in connected matters cover the same land.
Whether the present writ petition should be summarily allowed based on prior decisions quashing the same acquisition notifications.
Colour shows how this judgement treated each authority
ILR 2014 KAR 4371Explained¶26
1 provisions across 1 enactments
K.R.Sujatha W/o S.Shivakumar
The State of Karnataka, Department of Urban Development
The Bangalore Development Authority
The Additional Land Acquisition Officer
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
