Allowed

H Basavarajaiah v. the Davanagere City Corporation

Karnataka HC5 Sept 2022WP/15596/2022

Case brief

AI extract

What is this about?

The High Court, on a preliminary hearing, directed the Fourth Respondent to consider proposals dated 19.11.2021 and 13.1.2022 submitted by lower authorities for granting a marginal bit of land to the Petitioner, directing the exercise be completed within two months.

What did the court decide?

Directed the Fourth Respondent to consider the proposals dated 19.11.2021 and 13.1.2022 for allotting marginal land and pass an appropriate order within two months.

H Basavarajaiah Vs the Davanagere City… — Municipal and Town Planning | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.15596/2022 (LB-RES)

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BETWEEN:

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H. BASAVARAJAIAH S/O LATE HEMAIAH B ASUNDIMATH (H.B. ASUNDIMATH) AGED ABOUT 79 YEARS RETD. TEACHER, NO.495/1A 4TH MAIN, P.J. EXTENSION DAVANAGERE-577 002. ...PETITIONER (BY SRI K.M. SHIVAYOGISWAMY, ADVOCATE)

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AND:

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THE DAVANAGERE CITY CORPORATION OPP: CITY RAILWAY STATION DAVANGERE-577 002 REPRESENTED BY ITS COMMISSIONER.

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THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE-577 002.

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THE COMMISSIONER DEPARTMENT OF MUNICIPAL ADMINISTRATION VISWESWARAIAH TOWER DR. AMBEDKAR VEEDHI BANGALORE-560 001.

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STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT

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VIKASA SOUDHA BANGALORE-560 001.

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...RESPONDENTS

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(BY SRI B.K. MANJUNATH, ADVOCATE FOR R-1; SRI R. SRINIVASA GOWDA, AGA FOR R-2 TO R-4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO APPROVE THE PROPOSAL FORWARDED BY THE R-3 BY ITS LETTER DATED 13.1.2022 VIDE ANNEXURE-S FOR APPROVAL OF GRANT OF MARGINAL BIT OF LAND GRANTED BY THE R-1 BY ITS ORDER BEARING NO.ASTHA.SA.P.R./85-86 DATED 29.7.1986 TO THE PETITIONER, SUBJECT TO APPROVAL OF CONCERNED GOVERNMENT DEPARTMENT VIDE ANNEXURE-A AND DIRECT THE R-1 TO ACCEPT THE BALANCE OF 50% PERCENT OF THE BIT LAND COST AND TO CHANGE THE KHATHA IN FAVOUR OF THE PETITIONER AS PER THE GRANT ORDER.

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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 petitioner, who is the owner of the property bearing No.495/1A, 4th Main, P J Extension, Davanagere, submitted a representation with the 1st respondent for allotting the adjoining marginal land measuring 75 feet X 6 feet. The application submitted by the petitioner was considered and the marginal land was allotted to the petitioner for a sum of Rs.15,750/- by order dated 29.7.1986 with a condition that the petitioner has to deposit 50% of the land value and the remaining 50% has to be

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paid after approval of proposal sent by the 2nd respondent with the Government for allotting the marginal land in favour of the petitioner. Since the proposal sent by the 1st respondent was not considered by the 2nd respondent, this Court in WP No.9994/2017 directed the 2nd respondent to consider the proposal sent by the 1st respondent in accordance with law.

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The 2nd respondent submitted a fresh proposal to the 3rd respondent for approval of the Government. Thereafter, the 3rd respondent forwarded the fresh proposal to the 4th respondent for according sanction as specified under Section 176(6) of the Karnataka Municipal Corporations Act, 1976. The petitioner's grievance is that the proposal sent by the 3rd respondent is not considered by the 4th respondent even till today without any valid reason.

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The learned Additional Government Advocate appearing for the respondent No.4 submits that the proposal at Annexures-R and S will be considered in accordance with law if reasonable time is granted.

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Therefore, it is expedient to dispose of the writ petition directing the 4th respondent to consider the proposal

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dated 19.11.2021 submitted by the 2nd respondent at Annexure-R and the proposal dated 13.1.2022 submitted by the 3rd respondent at Annexure-S and pass an appropriate order in accordance with law for according approval of the proposals sent for allotting the marginal land in favour of the petitioner. The said exercise shall be completed within a period of two months from the date of receipt of certified copy of this order.

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Sd/JUDGE

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BKM

H Basavarajaiah v. the Davanagere City Corporation

Case brief

What is this about?

What did the court decide?

H Basavarajaiah v. the Davanagere City Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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