Disposed

Sri. M. Govindaraju v. the Chief Secretary

Karnataka HC28 Mar 2023WP/449/2015

Case brief

AI extract

What is this about?

High Court Wing Court disposed of a writ petition seeking incentive sites for land losers under BDA acquisition. Court directed authorities to consider the claim within three months with participation of all interested parties.

What did the court decide?

Petition disposed on merits; authority to consider claim for incentive sites within three months with participation of all parties.

Sri. M. Govindaraju Vs the Chief Secretary — Land Acquisition | Karnataka HC (2023)

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WP No. 449 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^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. 449 OF 2015 (LA-BDA)

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BETWEEN:

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SRI. M. GOVINDARAJU, S/O H C MUNIKRISHNA, AGED ABOUT 35 YEARS, R/AT SY NO.15, HARINAGARA CROSS, MUNESHWARA BLOCK, ANJANAPURA POST, BANGALORE-560 062.

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…PETITIONER

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(BY SRI. M SHIVAPRAKASH.,ADVOCATE)

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AND:

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THE CHIEF SECRETARY DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE-01.

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Digitally signed by SHARADA VANI B

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Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BANGALORE-560 020.

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THE SPECIAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, BANGALORE-560 020.

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SMT. S SHEELA, AGED ABOUT 36 YEARS, W/O LATE M ANAND MURTHY,

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MISS. NAVYASHREE A, AGED ABOUT 19 YEARS, D/O LATE M ANAND MURTHY,

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WP No. 449 of 2015

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MASTER YASHAS, AGED ABOUT 13 YEARS, S/O LATE M ANAND MURTHY, SINCE MINOR REP BY MOTHER AND NATURAL GUARDIAN SMT S SHEELA

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ALL ARE RESIDING AT NO.128, 3^RD MAIN, 5^TH PHASE, NEAR GANESHA TEMPLE, WEST OF CHORD ROAD, MAHAGANAPATHI NAGAR, BENGALURU – 560 010. AMENDED V.C.O DATED 28.03.2023

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…RESPONDENTS

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(BY SRI. R SRINIVASA GOWDA., AGA FOR R1; SRI. M V CHARATI., ADVOCATE FOR R2 & R3; SRI. ARAVIND REDDY., ADVOCATE FOR R4 TO R6)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS IN RESPECT OF SY.NO.84 OF ANJANAPURA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK AND ETC.,

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

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ORDER

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Shorn of the pleadings & the prayers, the essential grievance of the Petitioner land losers in BDA acquisition commencing with Preliminary Notification dated 20.03.1999 followed by Final Notification dated 28.08.2000, eventually resulting into passing of the Award dated 19.03.2001, is that the ten sites which were part of

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the land acquired stood in their name as the Khathedars

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WP No. 449 of 2015

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and they having not taken the compensation, incentive

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sites in terms of Bangalore Development Authority (Incentive Scheme for Voluntary Surrender of Land) Rules, 1989 should be provided to them. In support of this, learned counsel for the Petitioners vehemently banks upon a Coordinate Bench decision of this Court in WP Nos. 20875-938, 23298-318, 23433-59, 25192 & 27103124/2001 (LA-BDA), between G R JAYAMMA vs. STATE & OTHERS , disposed off on 20.07.2001.

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Learned AGA appears for State, learned Sr.

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Panel Counsel appears for Respondent Nos. 2 & 3 and the private Respondents are represented by their advocate. Learned AGA and the Sr. Panel Counsel for the BDA oppose the Petition contending that the provisions of 1989 Rules inter alia require land owners, on acquisition being accomplished, to voluntarily deliver possession of the property to the BDA and unless this such is vouched for, the claim for incentive cites cannot be entertained. Having so contended, they now agree that the BDA and its

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WP No. 449 of 2015

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officials shall consider the claim of the Petitioners for allotment of the incentive cites in light of guidelines drawn by the Coordinate Bench in the case supra . Learned Sr. panel Counsel also reserves the right of his client to reject the claim of the kind, if there is evidentiary material to show that Petitioners had opposed the acquisition and resisted the taking of the compensation. All this is fair.

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In the above circumstances, this Writ Petition is disposed off. The claim of Petitioners for allotment of incentive sites shall be considered & decided and result thereof should be communicated to them in writing by Speed Post within an outer limit of three months. The subject consideration shall take place with the participation of the Petitioners, private respondents and all those who are interests persons.

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The Petitioners and the newly impleaded private Respondents are put to notice through their advocates to appear before the Jurisdictional SLAO of BDA on 10.04.2023 at 3.00 p.m. and seek further instructions at

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WP No. 449 of 2015

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his hands. They are permitted to videograph their presence in the BDA Office so that there would be some evidentiary material about their attendance.

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Now, no costs.

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Sd/JUDGE

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Bsv