Dismissed

Sri Ravishaiah R v. the State of Karnataka

Karnataka HC1 Jul 2022WP/5706/2022

Case brief

AI extract

What is this about?

High Court of Karnataka directed State to consider representation from petitioners before committee constituted in a coordinate bench decision regarding Arkavathi layout land acquisition grievance, vacating possible demolition pending that decision, and disposed of the writ petition without substantive examination of non-use or lapsing of acquisition proceedings.

What did the court decide?

Await permission to submit representation within two weeks. Committee to consider within four months. Pending demolition suspended.

Sri Ravishaiah R Vs the State of Karnataka — Land Acquisition | Karnataka HC (2022)

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WP No. 5706 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF JULY, 2022

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 5706 OF 2022 (LA-BDA)

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BETWEEN:

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SRI RAVISHAIAH R S/O LATE REVANNA AGED 50 YEARS

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SMT PRIYA W/O RAVISHAIAH R AGED 41 YEARS BOTH ARE R/AT NO 231 '1ST FLOOR, 53 B CROSS III BLOCK, RAJAJINAGAR BENGALURU 560010

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…PETITIONERS

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(BY SRI. K S MALLIKARJUNAIAH., ADVOCATE)

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AND:

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Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA DEPT OF URBAN DEVELOPMENT AUTHORITY VIKAS SOUDHA, AMBEDKAR VEEDHI BENGALURU 560001. REP BY ITS PRINCIPAL SECRETARY

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THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY SANKY ROAD BENGALURU 560020.

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WP No. 5706 of 2022

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THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY SANKEY ROAD BANGALORE 560020.

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…RESPONDENTS

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(BY SRI.NITHYANANDA K.R., AGA FOR R1; SRI.B.S.SACHIN, ADVOCATE FOR R2 AND R3)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT ANY ACTION TAKEN PURSUANT TO THE PRELIMINARY NOTIFICATION DTD 03.02.2003 VIDE ANNX-A OF R2 AND THE FINAL NOTIFICATION 2004 BENGALURU DTD 23.02.2004, VIDE ANNX-B AND ALSO ONE MORE FINAL NOTIFICATION DTD 18.06.2014 VIDE ANNX-C PUBLISHED BY THE R-1 FOR IMPLEMENTATION OF LAYOUT CALLED ARKAVATHI LAYOUT HAS HAVING NO CONSEQUENCE IN THE EYE OF LAW AND ILLEGAL IN SO FOR AS IT CONCERNS TO THE PETITIONERS SCHEDULE RESIDENTIAL PROPERTY.

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ORDER

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The petitioners are before this Court seeking for the following reliefs:

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“ a) Issue writ in the nature of declaration declaring that any action taken pursuant to the Preliminary Notification bearing No.BDA/COMMR/ALAO/LA9/104/2002-03 Bengaluru dated 03.02.2003 vide Annexure-A and the Final Notification No.UDD 193MNX 2004 Bengaluru dated 23.02.2004, vide Anenxure-B, and also one more Final Notification No.UDD 426MNJ 2011 Bengaluru dated 18.06.2014 vide

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WP No. 5706 of 2022

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Annexure-C published by the 1st respondent for implementation of layout called Arkavathi layout has having no consequence in the eye of law and illegal in so for as it concerns to the petitioners schedule residential property.

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b) Issue writ in the nature of declaration or any other appropriate writ or direction, declaring that, the land Acquisition proceedings initiated against the schedule property belonging to the petitioners have been lapsed / abandoned in so for as the schedule property on account of non utilization of the land by the BDA for more than 21 years and Govt has already regularise the petitioners residential property in question by collecting conversion fine.

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c) Grant such other relief/s that this Hon'ble Court deems fit to grant under the facts and circumstances of the case, in the interest of justice and equity., ”

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The acquisition under challenge is relating to Arkavathi Layout. A Co-ordinate Bench of this Court in W.P. No.51929/2014 dated 27.09.2021 has disposed of the matter directing the State to appoint a Committee to look into the grievance of the land losers.

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In view thereof, I am of the considered opinion that the said order passed by the Co-ordinate Bench would be equally applicable to the present case and as such, I pass the following:

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WP No. 5706 of 2022

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ORDER

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i) The petitioners are permitted to submit a representation to the Committee in pursuance of the direction issued in Writ Petition No.51929/2014 dated 27.09.2021, within two weeks from the date of receipt of copy of this order.

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ii) The Committee is directed to consider the said representation within four months from the date of such receipt of the representation.

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iii) Writ petition is accordingly disposed of.

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iv) It is needless to say that the respondents shall not carry out demolish until the Committee shall take decision.

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Sd/JUDGE

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VMB

Sri Ravishaiah R v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Ravishaiah R v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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