Disposed

M/S Kempegowda Rural House Building v. the State of Karnataka

Karnataka HC20 Mar 2023WP/21765/2018

Case brief

AI extract

What is this about?

High Court Bench granted liberty to petitioners to approach the K.N.Keshavanarayana Committee for redressal, ordering no disturbance of their occupation pending its outcome. Laches or backlogs did not prevent this, and the writ petition was disposed of with contentions kept open.

What did the court decide?

Liberty granted to petitioners to approach the Hon'ble Justice K.N.Keshavanarayana Committee; occupation not to be disturbed pending its decision.

M/S Kempegowda Rural House Building Vs the State of… — Land Acquisition | Karnataka HC (2023)

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1 - WP No. 21765 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH 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. 21765 OF 2018 (LA-BDA)

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BETWEEN:

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M/S KEMPEGOWDA RURAL HOUSE BUILDING, CO-OPERATIVE SOCIETY NORTH TALUK, REPRESENTED BY ITS SECRETARY, RAMESH GOWDA K, AGED ABOUT 40 YEARS, RESIDENT OF 1^ST C MAIN ROAD, GANGANAGAR EXTENSION, BENGALURU – 560 032.

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

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ANUSUYA K, W/O P S BYRA REDDY, AGED ABOUT 52 YEARS, RESIDING AT 106, NAVYA NAGARA, JAKKUR, YELAHANKA, BENGALURU – 560 064.

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…PETITIONERS (BY SRI. V LAKSHMI NARAYANA., SENIOR COUNSEL A/W SRI. SHAHEED PASHA.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU – 560 001.

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THE BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU – 560 020. REPRESENTED BY ITS COMMISSIONER

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WP No. 21765 of 2018

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THE LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BENGALURU – 560 020.

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…RESPONDENTS

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(BY SRI.SRIDHAR HEGDE., AGA FOR R1; SRI. B S SACHIN., ADVOCATE FOR R2 & R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DTD 8.12.2017 [ANNEXURE-W PUBLISHED BY THE BANGALORE DEVELOPMENT AUTHORITY AND ALSO SO FAR AS SURVEY NO.98/3, THE NOTIFICATION DTD18.6.2014 AS ARBITRARY, ILLEGAL AND VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION OF INDIA AND ETC.,

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The subject matter of this Writ Petition is

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substantially similar to the one in W.P.No.51929/2014 and Connected Matters, between K.P.ANJANAPPA VS. STATE

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OF KARNATAKA AND OTHERS, disposed off, by a Coordinate Bench of this Court on 27.09.2021, granting some reprieve to the litigants therein.

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Learned counsel for the Petitioners submits that

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his clients also needs to be granted same relief as has been accorded to the litigants in the cognate petition in

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WP No. 21765 of 2018

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the absence of any derogatory factors. Learned Senior Panel Counsel appearing for the Respondents does not much dispute this submission and agrees that the Petitioners be given liberty to approach the Hon’ble Justice K.N.Keshavanarayana Committee for redressal of their grievance, in accordance with law.

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Ordered accordingly & Writ Petition is disposed off, all contentions having been kept open.

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The occupation of the parties in the subject site shall not be disturbed till after and subject to the outcome of decision of the Hon’ble Justice K.N.Keshavanarayana Committee.

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No costs.

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Sd/JUDGE

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Snb/

M/S Kempegowda Rural House Building v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S Kempegowda Rural House Building v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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