Disposed

Smt Noor Jahan v. State of Karnataka

Karnataka HC27 Jun 2024WP/13886/2024

Case brief

AI extract

What is this about?

This writ petition filed under Articles 226 and 227 of the Constitution of India sought to quash an endorsement and direct the respondents to allot an alternative site or pay compensation. The High Court held that the petition must first be placed before the V.G.Bopaiah Committee to consider the grievance on merits, reserving liberty to the petitioner if the report goes against her.

What did the court decide?

The writ petition was disposed of; it was directed to be placed before the V.G.Bopaiah Committee; liberty reserved to the petitioner.

Smt Noor Jahan Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC:23820-DB WP No. 13886 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF JUNE, 2024

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PRESENT

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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AND

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 13886 OF 2024 (LA-BDA)

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BETWEEN:

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SMT. NOOR JAHAN, AGED ABOUT 60 YEARS, W/O SRI R KHAJA MAHIDIN, RESIDING AT NO 11, MYTHYALAMMA NAGAR, BANGALORE - 560 054. PRESENT ADDRESS NO. 9024, PRESTIGE ROYALE GARDENS APARTMENT NEAR VAJRAM TIARA, AVALAHALI, BENGALURU – 560 064.

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…PETITIONER

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(BY SRI. K H HEROOR., ADVOCATE)

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AND:

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Digitally signed by SHARADA VANI B

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Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY HOUSING & URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE- 560 001.

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BANGALORE DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, K P WEST, BENGALURU - 560 020.

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THE SPECIAL LAND ACQUISITION OFFICER – 6, DR SHIVARAM KARANTH LAYOUT, BANGALORE DEVELOPMENT AUTHORITY, K P WEST, BENGALURU - 560 020. …RESPONDENTS

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(BY SMT. ANUKANKSHA KALKERI., HCGP FOR R1; SRI. K SHASHIKIRAN SHETTY., AG A/W SRI. SHIVAPRASAD SHANTANAGOUDAR.,ADV.,FOR R2 & 3)

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2 - NC: 2024:KHC:23820-DB WP No. 13886 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ENDORSEMENT DATED 01.04.2024 IN No.BDA/DSKL/SLAO-6/656/2018-19 ISSUED BY THE 3RD RESPONDENT A COPY OF WHICH IS PRODUCED AT ANNEXUREF AND B) ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 23.03.2023 AND 23.03.2024 COPIES OF WHICH ARE PRODUCED AT ANNEXURE-D AND E RESPECTIVELY AND EITHER ALLOT AN ALTERNATIVE SITE OR PAY THE PETITIONER SUITABLE COMPENSATION EXPEDITIOUSLY TO MEET THE ENDS OF JUSTICE AND EQUITY.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, M NAGAPRASANNA,J., MADE THE FOLLOWING:

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ORDER

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This Writ Petition seeks the following prayer:

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“(i) ISSUE a writ of certiorari or any other Writ Quashing the Endorsement dated 01.04.2024 in No.BDA/DSKL/SLAO6/656/2018-19 issued by the 3^rd Respondent a copy of which is produced at Annexure-F.

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(ii) ISSUE a writ of mandamus or any other writ or direction directing the respondents to consider the representations dated 23.03.2023 and 23.03.2024 copies of which are produced at Annexure-D & E respectively and either allot an alternative site or pay the petitioner suitable compensation expeditiously to meet the ends of justice and equity.

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(iii) GRANT such other order or direction as deems fit to grant in the facts and circumstances of the case.”

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3 - NC: 2024:KHC:23820-DB WP No. 13886 of 2024

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The learned counsel representing the BDA

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would submit that this prayer be first placed before the V.G.Bopaiah Committee which is constituted only to go into the issue of Revenue Sites which the petitioner is now claiming. Therefore, this Petition has to go before said Committee.

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The learned counsel for the Petitioner submits that the Application/representation is already submitted to the Committee with regard the Petitioner’s grievance. If the Petitioner has not submitted her representation or application, shall do the same within a fortnight from today and if the same is submitted, the Committee shall consider the on the merit of Petitioner’s grievance and answer the same in accordance with law and as expeditiously as possible.

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The committee on considering the grievance of the Petitioner as is directed shall prepare a report and submit

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4 - NC: 2024:KHC:23820-DB WP No. 13886 of 2024

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to the jurisdictional authority, who shall take further steps

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in accordance with law.

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The liberty is reserved to the Petitioner in the event to Report would go against her, then she is at liberty to approach appropriate forum seeking redressal.

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With the aforesaid observations, Writ Petition stands disposed.

Ordered accordingly.

Sd/-

JUDGE

Sd/JUDGE

Bsv

Smt Noor Jahan v. State of Karnataka

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Smt Noor Jahan v. State of Karnataka

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