Partly allowed

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

Karnataka HC20 Mar 2023WP/21767/2018

Case brief

AI extract

What is this about?

Single judge quashed three writ petitions filed by property owners regarding notifications. Court granted liberty to approach the Justice K.N.Keshavanarayana Committee for redressal and ordered that the parties' occupation shall not be disturbed until the Committee's decision.

What did the court decide?

Liberty granted to approach Hon'ble Justice K.N.Keshavanarayana Committee; Occupation of sites not disturbed till Committee's decision.

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

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WP No. 21767 of 2018 C/W WP No. 22807 of 2018 WP No. 22809 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. 21767 OF 2018 (LA-BDA) C/W WRIT PETITION NO. 22807 OF 2018(LA-BDA), WRIT PETITION NO. 22809 OF 2018(LA-BDA)

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IN W.P.NO.21767/2018:

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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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WP No. 21767 of 2018 C/W WP No. 22807 of 2018 WP No. 22809 of 2018

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

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REPRESENTED BY ITS COMMISSIONER.

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

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…RESPONDENTS (BY SRI.SRIDHAR HEGDE.,AGA FOR R1; SRI. M V CHARATI, 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 DATED 8.12.2017 (ANNEXURE-W PUBLISHED BY THE BANGALORE DEVELOPMENT AUTHORITY AND ALSO SO FAR AS SURVEY NO.98/3, THE NOTIFICATION DATED 18.06.2014 AS ARBITRARY, ILLEGAL AND VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION OF INDIA AND ETC.,

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IN W.P.NO.22807/2018:

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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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M BALACHANDRA GOWDA, W/O M KRISHNAPPA GOWDA, AGED ABOUT 74 YEARS, RESIDING AT 117/2,’ANKUR’, JATTIPALLA ROAD, SULLIA, DAKSHINA KANNADA – 574 239.

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

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3 - WP No. 21767 of 2018 C/W WP No. 22807 of 2018 WP No. 22809 of 2018

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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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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. M V CHARATI, 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 DATED 8.12.2017 (ANNEXURE-V PUBLISHED BY THE BANGALORE DEVELOPMENT AUTHORITY AND ALSO SO FAR AS SURVEY NO.98/3, THE NOTIFICATION DATED 18.06.2014 ANNEXURE-Q AS ARBITRARY, ILLEGAL AND VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION OF INDIA AND ETC.,

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IN W.P.NO.22809/2018:

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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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WP No. 21767 of 2018 C/W WP No. 22807 of 2018 WP No. 22809 of 2018

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SMT. SHREEVIDYA, W/O H M SATISH, AGED ABOUT 43 YEARS, RESIDING AT 299, UIG, NEW TOWN, ‘A’ CROSS, YALAHANKA, BENGALURU – 560 064.

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…PETITIONERS

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(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.

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REPRESENTED BY ITS COMMISSIONER.

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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. M V CHARATI, 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 DATED 8.12.2017 (ANNEXURE-V PUBLISHED BY THE BANGALORE DEVELOPMENT AUTHORITY AND ALSO SO FAR AS SURVEY NO.98/3, THE NOTIFICATION DATED 18.06.2014 VIDE ANNEXURE-Q AS ARBITRARY, ILLEGAL AND VIOLATIVE OF ARTICLE 14 OF THE CONSTITUTION OF INDIA AND ETC.,

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

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WP No. 21767 of 2018 C/W WP No. 22807 of 2018 WP No. 22809 of 2018

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ORDER

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The subject matter of these Writ Petitions are substantially similar to the one in W.P.No.51929/2014 and Connected Matters, between K.P.ANJANAPPA VS. STATE 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 his clients also needs to be granted same relief as has been accorded to the litigants in the cognate petition in 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 Petitions are disposed off, all contentions having been kept open.

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6 - WP No. 21767 of 2018 C/W WP No. 22807 of 2018 WP No. 22809 of 2018

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The occupation of the parties in the subject sites

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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

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

Case brief

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