Disposed

M.A. Davis v. the State of Karnataka

Karnataka HC19 Jan 2023WP/56813/2014

Case brief

AI extract

What is this about?

The single bench order in a writ petition challenged the Final Notification regarding a property under the Bangalore Development Authority Act. The court, relying on parity with prior cases, disposed of the petition with liberty to ventilate grievances before a specific Committee.

What did the court decide?

The writ petition was disposed of with liberty to approach the Committee and directed the BDA to furnish documents.

M.A. Davis Vs the State of Karnataka — Land Acquisition | Karnataka HC (2023)

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WP No. 56813 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF JANUARY, 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. 56813 OF 2014 (LA-BDA)

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BETWEEN:

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M.A. DAVIS, AGED ABOUT 52 YEARS, S/O LATE M.C.ANTHONY, RESIDING AT NO.124, 9^TH CROSS, BDS GARDEN, GEDDALAHALLI, HENNUR MAIN ROAD, BANGALORE – 560 077.

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…PETITIONER

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(BY SRI. CHANDRA SHEKAR R., 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, BY ITS PRINCIPAL SECRETARY, DEPARTMETN OF HOUSING AND URBAN DEVELOPMENT, MULTISTORIED BUILDING, DR. B.R.AMBEDKAR ROAD, BANGALORE – 560 001.

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

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THE LAND ACQUISITION OFFICER, THE BANGALORE DEVELOPMENT AUTHORITY,

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WP No. 56813 of 2014

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KUMARA PARK WEST, PALACE ROAD, BANGALORE – 560 020.

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…RESPONDENTS

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(BY SRI.R.SRINIVASA GOWDA, AGA FOR R1; SRI.M.N.RAMANJANEYA GOWDA, 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 QUASH THE FINAL NOTIFICATION DATED 18.06.2014 IN SO FAR AS THE PETITIONERS PROPERTY IS CONCERNED MARKED AS ANNX-D ISSUED BY R-1 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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Petitioner is knocking at the doors of the Writ Court for assailing the Final Notification dated 18.06.2014 (Annexure-D) issued under Section 19(1) of the Bangalore Development Authority Act, 1976. Learned AGA appearing for Respondent No.1 & learned Senior Panel Counsel appearing for the BDA submits that in all similar matters this Court has relegated the litigants to the one man Commission - three Member Committee headed by Hon'ble Justice K.N.Keshavanarayana pursuant to order made by a Co-ordinate Bench of this Court and therefore, the same

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WP No. 56813 of 2014

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course should be adopted in this case as well, on the basis of parity. There is force in his submission.

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In view of the above, the Writ Petition is disposed off reserving liberty to the Petitioner to ventilate his grievance before the aforesaid Committee in accordance with law. The Respondent-BDA to cooperate by furnishing necessary information & documents to the Petitioner to facilitate the processing of his claim at the hands of the Committee.

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All contentions of the parties are kept open.

Costs made easy.

Sd/JUDGE

List No.: 1 Sl No.: 38

M.A. Davis v. the State of Karnataka

Case brief

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M.A. Davis v. the State of Karnataka

Case brief

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