Disposed

Smt. Rashmi R v. the State of Karnataka

Karnataka HC1 Mar 2023WP/11491/2021

Case brief

AI extract

What is this about?

A petition challenging land acquisition was dismissed. The court remitted the grievance to a Justice K.N. Keshavanarayana Committee, ordering the BDA to act on the Committee's recommendation within three months.

What did the court decide?

Writ petition disposed off; petitioner relegated to Justice K.N. Keshavanarayana Committee; BDA directed to act on recommendations within three months.

Smt. Rashmi R Vs the State of Karnataka — Land Acquisition | Karnataka HC (2023)

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1 - WP No. 11491 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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WRIT PETITION NO. 11491 OF 2021 (LA-BDA)

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BETWEEN:

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SMT. RASHMI R, W/O B.KANDAKUMAR, AGED ABOUT 39 YEARS, R/AT NO.21, 8^TH CROSS, 7^TH A MAIN ROAD, SRINIDHI LAYOUT, KONANAKUNTE CROSS, BENGALURU-560 062.

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…PETITIONER

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(BY SRI. NARAYANA SWAMY P M.,ADVOCATE)

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AND:

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Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA

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BY ITS SECRETARY,

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DEPARTMENT OF URBAN DEVELOPMENT, 4^TH FLOOR, VIKAS SOUDHA, BANGALORE-560 001.

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THE APPELLATE AUTHORITY AND ADDITIONAL CHIEF SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BANGALORE-560 001.

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BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST EXTENTION,

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WP No. 11491 of 2021

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BANGALORE-560 020. REP BY ITS COMMISSIONER.

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THE ADDITIONAL LAND ACQUSITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST EXTENTION, BANGALORE.

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SRI.A.V.RAVI PRAKASH, S/O LATE A VENKATARAMAN, AGED ABOUT 52 YEARS,

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SRI.A.V.SRIRAMAN, S/O LATE A VENKATARAMAN, AGED 49 YEARS,

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BOTH ARE R/AT NO.99, 4^TH CROSS, 1^ST BLOCK EAST, JAYANAGAR, BANGALORE-560 011.

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…RESPONDENTS

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(BY SRI.SRIDHAR HEGDE, AGA FOR R1; SRI.B VACHAN, ADVOCATE FOR R3 – R4; NOTICE TO R5 & R6 IS DISPENSED WITH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER OF THE R-2 DTD.8.10.2015 VIDE ANNEXURE-J AND DIRECT THE R-3 TO EXECUTE ABSOLUTE SALE DEED IN RESPECT OF SITE NO.370 BLOCK-XIV (SY NO.80/2B) IN ARKAVATHI LAYOUT MEASURING 6X9 METERS OF THANISANDRA VILLAGE IN FAVOUR OF THE PETITIONER.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - WP No. 11491 of 2021

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ORDER

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Petitioner is knocking at the doors of Writ Court laying a challenge to the acquisition of the land pursuant to the Final Notification dated 23.02.2004, a copy whereof avails at Annexure-E1 to the extent the same comprises his land.

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Learned AGA appearing for the Respondent Nos. 1 & 2, learned Panel Counsel appearing for Respondent Nos. 3 & 4, notice to Respondent Nos. 5 & 6 is dispensed with, submit that pursuant to a Coordinate Bench decision in W.P.No.51929/2014 and Connected Matters, disposed off on 27.09.2021. Justice K.N.Keshavanarayana Committee has been constituted to look into the grievance of the kind and therefore, Petitioner be relegated to this forum for working out his grievance. They also submits that in several such other matters, the litigants of the kind have been relegated as well to the aforementioned forum. Learned Sr. Panel

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WP No. 11491 of 2021

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Counsel assures that from his client’s side also there will

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be cooperation before the said Committee.

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In view of the above, the Writ Petition is disposed

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off, all contention having been kept open.

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No costs.

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It hardly needs to be stated that Respondent – BDA shall act upon the recommendation of Justice K.N.Keshavanarayana Committee within three months.

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Sd/JUDGE

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Snb

Smt. Rashmi R v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Rashmi R v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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