Disposed

Shibi Baby v. Commissioner

Karnataka HC4 Nov 2024WP/11561/2024

Case brief

AI extract

What is this about?

This petition sought directions to the Bengaluru Development Authority to consider a representation regarding land allotment and compensation for unauthorized demolition. The court directed the Commissioner to consider the representation within four months without expressing an opinion on merits.

What did the court decide?

The respondent No.1 is directed to consider the representation dated 23rd December, 2023 in accordance with law within four months.

Shibi Baby Vs Commissioner — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:44330 WP NO.11561 OF 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 04^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.11561 OF 2024 (LA-BDA)

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BETWEEN:

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SHIBI BABY D/O GEEVARGHESE, AGED ABOUT 62 YEARS, NO.7/9, BRIDGADE ARCH-1, ASHLEY STREET, BRONTON CROSS ROAD, BENGALURU - 560 001.

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…PETITIONER

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(BY MISS. HARSHITHA G.T., ADVOCATE FOR SRI. G.S. PRASANNA KUMAR, ADVOCATE)

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AND:

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COMMISSIONER

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BENGALURU DEVLEOPMENT AUTHORITY,

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Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka

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ROOM NO.305, 'B' BLOCK, B.D.A. MAIN OFFICE, KUMARA PARK WEST, BENGALURU - 560 020.

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THE SPECIAL LAND ACQUISTION OFFICER BENGALURU DEVELOPMENT AURTHORITY, KUMARA PARK WEST, BENGALURU - 560 020.

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…RESPONDENTS

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(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE

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NC: 2024:KHC:44330 WP NO.11561 OF 2024

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REPRESENTATION OF THE PETITIONER DATED 23^RD DECEMBER, 2023 (ANNEXURE-B); DIRECT THE RESPONDENTS TO PASS AWARD BY ALLOTTING AND REGISTERING DEVELOPED LAND IN K. SHIVARAM KARANTH LAYOUT MEASURING 2934 Sq.Ft. + 450 Sq.Ft. AND ALSO PASS SUITABLE COMPENSATION FOR UNAUTHORIZED DEMOLITION OF 179.37 Sq. Ft. OF BUILT UP AREA IN THE PETITIONER'S LAND WHICH WAS DONE WITHOUT HER CONSENT; AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH

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ORAL ORDER

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Heard Miss. Harshitha G.T., learned counsel on behalf of Sri. G.S. Prasanna Kumar, appearing for the petitioner and Sri. Shivaprasad Shantanagoudar, learned counsel appearing for the respondent-Bangalore Development Authority.

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In this writ petition, the petitioner has sought for direction to the respondents to consider the representation dated 23^rd December, 2023 (Annexure-B), wherein the petitioner claimed that, she is entitled for allotment of Site under 60:40 scheme and also for payment for betterment charges.

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Having heard the learned counsel appearing for the parties and on perusal of the writ petition, it is not in dispute that the land belonging to the petitioner has been acquired by

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3 - NC: 2024:KHC:44330 WP NO.11561 OF 2024

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the respondent-Bangalore Development Authority. In that view of the matter, without expressing any opinion on merits of the case, the respondent No.1 is directed consider the representation dated 23^rd December, 2023 (Annexure-B) in accordance with law, within an outer limit of four months from the date of receipt of this order. Accordingly, writ petition is

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disposed of.

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SD/(E.S. INDIRESH) JUDGE

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ARK

Shibi Baby v. Commissioner

Case brief

What is this about?

What did the court decide?

Shibi Baby v. Commissioner

Case brief

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