Disposed

Smt. Sowbhagya G v. the State of Karnataka

Karnataka HC27 Jun 2024WP/13942/2021

Case brief

AI extract

What is this about?

Petition challenged BDA preliminary and final acquisition notifications concerning revenue sites claimed by the petitioner. The Court disposed of the petition directing the grievance to be considered by the V.G. Bopaiah Committee, with liberty to seek redress if the report went against her.

What did the court decide?

Petition disposed with directions to refer the grievance to the V.G. Bopaiah Committee; no substantive relief granted.

Smt. Sowbhagya G Vs the State of Karnataka — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC:23811-DB WP No. 13942 of 2021

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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 AND

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 13942 OF 2021 (LA-BDA)

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BETWEEN:

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SMT. SOWBHAGYA G, W/O SRI GANGADHAR G, AGED ABOUT 42 YEARS, R/A NO.1456, 20^TH MAIN, 20^TH CROSS, D GROUP LAYOUT, S G KAVAL, BANGALORE-560 091.

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…PETITIONER

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(BY SRI. K N MOHAN., ADVOCATE FOR SRI. CHANDRA SHEKAR R.,ADVOCATE)

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AND:

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, DR B R AMBEDKAR VEEDHI, BENGALURU-560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY.

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BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, SANKEY ROAD, BENGALURU-560 020. REPRESENTED BY ITS COMMISSIONER.

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THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, SANKEY ROAD, BANGALORE-560 020.

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…RESPONDENTS (BY SMT.ANUKANKSHA KALKERI., HCGP FOR R1; SRI. K SHASHI KIRAN SHETTY., AG A/W SRI. SHIVAPRASAD SHANTANAGOUDAR.,ADV., FOR R2)

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2 - NC: 2024:KHC:23811-DB WP No. 13942 of 2021

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 30.12.2008 AND PUBLISHED IN THE GAZETTE DATED 31.12.2008 PRODUCED AS ANNEXURE-A ISSUED BY THE R2 AND 3 AND QUASH THE FINAL NOTIFICATION DATED 30.10.2018 AND PUBLISHED IN THE GAZETTE DATED 01.11.2018 PRODUCED AS ANNEXURE-H ISSUED BY THE R1 AND ETC.,

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, 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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“a) Quash the Preliminary Notification bearing No.BDA/Commr/DC(LA)/SLAO/A5/PR/283/2008 -09, Bangalore dated 30.12.2008 and published in the Gazette dated 31.12.2008 produced as Annexure-A issued by the 2^nd and 3^rd Respondents;

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b) Quash the Final Notification bearing No.UDD/553/MNX/2018 Bangalore dated 30.10.2018 and published in the Gazette dated 01.11.2018 produced as Annexure-H issued by the 1^st Respondent;

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c) Alternatively direct the Respondents to regularize the schedule sites in favour of the Petitioner on collecting the Developmental charges;

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d) Pass an order desisting the Respondents from taking any further action in pursuance of the said notifications and from passing of the awards and from

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3 - NC: 2024:KHC:23811-DB WP No. 13942 of 2021

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dispossessing the Petitioners from the schedule property;

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e) Grant such other relief’s as this Hon’ble Court may deem fit to grant in the circumstances of the case in the interest of justice, equity and law.”

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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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4 - NC: 2024:KHC:23811-DB WP No. 13942 of 2021

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The committee on considering the grievance of the Petitioner as is directed shall prepare a report and submit to the jurisdictional authority, who shall take further steps 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

List No.: 1 Sl No.: 12

Smt. Sowbhagya G v. the State of Karnataka

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Smt. Sowbhagya G v. the State of Karnataka

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