Disposed

Sri. R. Mohan Kumar v. the State of Karnataka

Karnataka HC11 Jul 2024WP/14609/2023

Case brief

AI extract

What is this about?

This High Court disposed of five writ petitions challenging land acquisition notifications. Relying on prior Supreme Court directives regarding 'Dr. Shivaramakaranth Layout', the court directed the Bopaiah Committee to decide on grievances of revenue site holders rather than hearing the petitions directly.

What did the court decide?

The petitions stood disposed; petitioners relegated to appear before the Bopaiah Committee; BDA directed to notify public and grant time for applications; status quo maintained on properties.

Sri. R. Mohan Kumar Vs the State of Karnataka — Land Acquisition | Karnataka HC (2024)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF JULY, 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. 14609 OF 2023 (LA-BDA)

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C/W

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WRIT PETITION NO. 24932 OF 2022 (LA-BDA) WRIT PETITION NO. 8040 OF 2023 (LA-BDA) WRIT PETITION NO. 12621 OF 2023 (LA-BDA) WRIT PETITION NO. 16876 OF 2023 (LA-BDA)

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IN WRIT PETITION NO. 14609 OF 2023

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BETWEEN:

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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SRI R. MOHAN KUMAR

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S/O SRI RAMACHANDRAPPA AGED ABOUT 49 YEARS, RESIDING AT CHOWDAPPA LAYOUT, BYALAKERE VILLAGE, HESARAGHATTA HOBLI BENGALURU NORTH TALUK BENGALURU – 560 064.

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…PETITIONER

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(BY SRI M.SREENIVASA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA BENGALURU – 560 001.

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THE PRINCIPAL SECRETARY BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, K.P.WEST, BENGALURU – 560 020 REPRESENTED BY ITS COMMISSIONER.

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THE LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU – 560 020.

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THE SPECIAL COMMITTEE CONSTITUTED FOR REGULARISATION OF UN-AUTHORISED CONSTRUCTION, BDA COMPLEX, K.P.WEST BENGALURU – 560 021. REPRESENTED BY ITS CHAIRMAN.

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…RESPONDENTS

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(BY SMT.ANUKANKSHA KALKERI, HCGP FOR R-1; SRI K.SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W SRI SHIVAPRASAD M.SHANTANAGOUDAR, ADVOCATE FOR R-2 AND 3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS WHICH ULTIMATELY RESULTED IN ISSUING THE PRELIMINARY NOTIFICATION ANNX-A DTD 19.8.2022 MADE IN NO.BDA/DC(LA) 67/2022-23 ISSUED UNDER SEC 17(1) AND (3) OF THE BDA ACT ISSUED BY THE R-2 AND THE FINAL NOTIFICATION ANNX-B DTD 18-10-2022 ISSUED UNDER SEC 19 OF THE BDA ACT, IN NO.UDD 265 MNX 2022(E) AND CONSEQUENTLY PASSING THE AWARD AND NOTICE ANNX-C DTD 23.5.2023 MADE IN NO.LAC/100/2022-23 ISSUED UNDER SEC 12(2) OF THE LA ACT BY THE R-1 AND ETC.,

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IN WRIT PETITION NO. 24932 OF 2022

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BETWEEN:

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1 . SMT.D.SHANTHA W/O SRI H.G.JAGADHEESH AGED ABOUT 45 YEARS RESIDING AT HOUSE NO.22/19/1 6^TH CROSS ROAD, 2^ND BLOCK NANDHINI LAYOUT BENGALURU – 560 096.

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2 . SRI SURESHA N.D., S/O SRI DYAVANNA AGED ABOUT 53 YEARS RESIDING AT NO.16, 2^ND ‘A’ MAIN JOOGANAHALLI RAJAJINAGAR BENGALURU – 560 010.

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... PETITIONERS

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(BY SRI M.SREENIVASA, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BENGALURU – 560 001.

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2 . THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T.CHOWDAIAH ROAD BENGALURU – 560 020.

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3 . THE LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU – 560 020.

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... RESPONDENTS

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(BY SMT.ANUKANKSHA KALKERI, HCGP FOR R-1; SRI K.SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W SRI SHIVAPRASAD M.SHANTANAGOUDAR, ADVOCATE FOR R-2 AND R-3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS WHICH ULTIMATLY RESULTED IN ISSUING THE PRELIMINARY NOTIFICATION ANNX-A DTD. 19.08.2022 MADE IN NO. BDA/DC (LA)67/2022-23 ISSUED UNDER SECTION 17(1) AND (3) OF THE BDA ACT ISSUED BY THE R-2 AND THE FINAL NOTIFICATION ANNX-B DTD. 18.10.2022 ISSUED UNDER SECTION 19 OF THE BDA ACT, IN NO.UDD 265 MNX 2022 (E) BY THE R-1 AND ETC.,

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IN WRIT PETITION NO. 8040 OF 2023

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BETWEEN:

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SRI D.H.NINGEGOWDA S/O. SRI HANUMEGOWDA, AGED ABOUT 45 YEARS, RESIDING AT NO. 12/13, SHIVANAHALLI, SURABHI LAYOUT, 2^ND MAIN ROAD, YELAHANKA, BENGALURU – 560 064.

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... PETITIONER

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(BY SRI M.SREENIVASA, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY HOUSING AND URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BENGALURU – 560 001.

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2 . THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T.CHOWDAIAH ROAD BENGALURU – 560 020.

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3 . THE LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU – 560 020.

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... RESPONDENTS

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(BY SMT.ANUKANKSHA KALKERI, HCGP FOR R-1;

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SRI K.SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W SRI SHIVAPRASAD M.SHANTANAGOUDAR, ADVOCATE FOR R-2 AND R-3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS WHICH ULTIMATELY RESULTED IN ISSUING THE PRELIMINARY NOTIFICATION ANNX-A DTD 19.08.2022 MADE IN NO.BDA/DC (LA) 67/202223 ISSUED UNDER SECTION 17(1) AND (3) OF THE BDA ACT 1976 ISSUED BY THE R-2 AND THE FINAL NOTIFICATION ANNX-B DTD 18.10.2022 ISSSUED UNDER SECTION 19 OF THE BDA ACT IN NO.UDD 265 MNX 2022 (E) BY THE R-1 AND ETC.,

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IN WRIT PETITION NO. 12621 OF 2023

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BETWEEN:

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1 . SMT.N.NAGAMANI W/O SRI.H.C.NAGARAJU, AGED ABOUT 62 YEARS, RESIDING AT HOUSE NO.453/32, JYOTHINAGAR, NEAR BHEL LAYOUT, DODDABETTAHALLI, VIDYARANYAPURA POST, BENGALURU - 560 097.

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2 . SMT. SRITHA KISHORE W/O SRI.B.KISHORE KUMAR, AGED ABOUT 36 YEARS, RESIDING AT NO.53/2/7, BYALAKERE VILLAGE, HESARAGHATTA HOBLI, BANGALORE NORTH TALUK, BENGALURU – 560 097.

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3 . SRI NANDAKUMAR N., S/O SRI. NAGARAJ,

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AGED ABOUT 43 YEARS,

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4 . SMT. PUSHPA V., W/O SRI. NANDAKUMAR, AGED ABOUT 38 YEARS,

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NO.3 AND 4 ARE RESIDING AT NO.53/2/5, BYALAKERE VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU – 560 097.

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5 . SMT. SHANTHA N., W/O SRI. C. RANGASWAMY, AGED ABOUT 55 YEARS, RESIDING AT NO. 53/2/15, BYALAKERE VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU – 560 097.

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6 . SRI BASAVARAJU B.T., S/O SMT. SHIVARATHNAMMA @ RATHNAMMA, AGED ABOUT 45 YEARS, RESIDING AT NO.53/2/1, BYALAKERE VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU – 560 097.

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7 . SRI M. VENKATESHWARALU S/O SRI. VENKATASUBBAIAH, AGED ABOUT 56 YEARS, RESIDING AT NO. 53/2/12, BYALAKERE VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560 097.

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8 . SMT. SHIVARATHNAMMA @ RATHNAMMA W/O SRI. THAYAPPA, AGED ABOUT 67 YEARS, RESIDING AT NO.53/2/16, BYALAKERE VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560 097.

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9 . SRI MANJUNATH M., S/O SRI. MUNIBHATHYAPPA, AGED ABOUT 43 YEARS, RESIDING AT NO.53/2/17, BYALAKERE VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU – 560 097.

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10 . SMT. POORNIMA V., W/O SRI.N.S PRATHAP, AGED ABOUT 34 YEARS, RESIDING AT NO.53/2/14, BYALAKERE VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU – 560 097.

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... PETITIONERS

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(BY SRI M.SREENIVASA, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA,

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BENGALURU – 560 001.

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2 . THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, T.CHOWDAIAH ROAD, BENGALURU – 560 020.

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3 . THE LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU – 560 020.

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4 . THE SPECIAL COMMITTEE CONSTITUTED FOR REGULARISATION OF UN-AUTHORISED CONSTRUCTION, BDA COMPLEX, K.P. WEST, BENGALURU - 560 021.

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... RESPONDENTS

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(BY SMT.ANUKANKSHA KALKERI, HCGP FOR R-1; SRI K.SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W SRI SHIVAPRASAD M.SHANTANAGOUDAR, ADVOCATE FOR R-2 AND R-4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS WHICH ULTIMATLY RESULTED IN ISSUING THE PRELIMINARY NOTIFICATION ANNEXURE-A DATED 19/08/2022 MADE IN NO. BDA/DC (LA) 67/2022-23 ISSUED UNDER SECTION 17(1) AND (3) OF THE BDA ACT ISSUED BY THE R2 AND THE FINAL NOTIFICATION ANNEXURE-B DATED 18/10/2022 ISSUED UNDER SECTION 19 OF THE BDA ACT, IN NO UDD 265 MNX 2022(E) AND CONSEQUENTLY PASSING THE AWARD AND NOTICE ANNEXURE-C DATED 23/05/2023 MADE IN NO.6 LAC/99/2022-23 ISSUED UNDER SECTION 12(2) OF THE LA

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ACT BY THE R1 IN SO FAR AS PETITIONER CONCERNED AND ETC.,

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IN WRIT PETITION NO. 16876 OF 2023

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BETWEEN:

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1 . SMT. SHAINA ROSHNI FERNANDES W/O DONALD FERNANDES, AGED ABOUT 41 YEARS.

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2 . SMT. CELINE DSOUZA W/O SRI. LATE VALERIAN DSOUZA, AGED ABOUT 77 YEARS,

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BOTH ARE RESIDING AT NO.19, 1^ST MAIN, 4^TH CROSS, VINAYAKA LAYOUT, BHOOPASANDRA, BENGALURU – 560 094.

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... PETITIONERS

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(BY SRI M.SREENIVASA, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU – 560 001.

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2 . THE PRINCIPAL SECRETARY BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, K.P WEST, BENGALURU – 560 020 REPRESENTED B ITS COMMISSIONER.

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3 . THE LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARAK WEST, BENGALURU – 560 020 REPRESENTED BY ITS CHAIRMAN.

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... RESPONDENTS

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(BY SMT.ANUKANKSHA KALKERI, HCGP FOR R-1; SRI K.SHASHI KIRAN SHETTY, ADVOCATE GENERAL A/W., SRI SHIVAPRASAD M.SHANTANAGOUDAR, ADVOCATE FOR R-2 AND R-3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS WHICH ULTIMATELY RESULTED IN ISSUING THE PRELIMINARY NOTIFICATION ANNX-A DT. 19.08.2022 MADE IN NO. BDA/DC(LA)67/2022-23 ISSUED U/S 17(1) AND (3) OF THE BDA ACT ISSUED BY THE R2 AND THE FINAL NOTIFICATION ANNX-B DT. 18.10.2022 ISSUED U/S 19 OF THE BDA ACT, IN NO. UDD 265 MNX 2022(E) AND CONSEQUENTLY PASSING THE AWARD AND NOTICE ANNX-C DT. 23.05.2023 MADE IN NO. 6 LAC/100/2022-23 ISSUED U/S 12(2)OF THE LA ACT BY THE R1.

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

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ORDER

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All these petitioners, in the conglomeration of these cases, are knocking at the doors of this Court, seeking identical prayers.

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Heard Sri M Sreenivasa, learned counsel appearing for petitioners, Smt. Anukanksha Kalkeri, learned High Court Government Pleader appearing for respondent No.1 and Sri. K. Shashi Kiran Shetty, learned Advocate General along with Sri. Shivaprasad M. Shantanagoudar, learned counsel appearing for respondents/Bangalore Development Authority (‘BDA’ for short).

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The petitioners, in all these cases, are said to be holders of revenue sites in Dr. Shivaramakaranth Layout. Their prayer in the petition though seeks quashment of the preliminary notification dated 19-08-2022 and final notification dated 18-10-2022 pursuant to the orders of the Apex Court, the issue would be entitlement of the petitioners for the relief qua the sites they have held.

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The learned counsel appearing for BDA Sri Shivaprasad M. Shantanagoudar submits that the Apex Court has considered the grievances of the revenue site holders in the layout formed in Dr. Shivaramakaranth Layout.

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The Apex Court, in its order dated 05-05-2021, answering Miscellaneous Application Nos.1614-1616 of 2019 notices the affidavit filed by the BDA in respect of previous layouts formed by the BDA in which purchasers of revenue sites in those layouts have been permitted to apply for allotment of sites measuring 30x40’. The Apex Court observes as follows:

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“…. …. ….

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(4) In our Order dated 18.03.2021, we had observed as under:

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"It appears that certain persons belonging to poor and middle-income groups have purchased house sites from the land owners whose lands have been notified for the acquisition for the formation of the lay-out in question, prior to the date of the judgment dated 03.08.2018. We are of the view that their grievances also require to be redressed. we are informed that similar grievances of the purchasers of the sites in other layouts formed by the Bangalore Development Authority have been redressed by the Bangalore Development Authority. The Commissioner, Bangalore Development Authority, is directed to place on record the mode and manner of redressal of the grievances of such site-holders adopted by the Bangalore Development Authority in

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the previously formed lay-outs within a period of four weeks from today."

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(5) In compliance of the above order, the Commissioner, Bangalore Development Authority (B.D.A.), has filed an affidavit dated 12.04.2021 stating that in respect of the previous lay-outs formed by the B.D.A. such as Anjanapura Layout, sir M. Vishweshwaraiah Layout, Banashankari 6^th Stage layout, the purchasers of the revenue sites in those lay-outs have been permitted to apply for allotment of sites measuring 30 ft. x 40 ft. even though the sites purchased by them are bigger in dimension. The affidavit also indicates the other conditions based on which the sites were allotted to the revenue site holders.

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(6) In consideration of the above, we are of the view that the purchasers of sites in Dr. Shivaram Karanth Layout are entitled for allotment of sites provided that their purchase of such sites is prior to the date of the judgment i.e. 03.08.2018.

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(7) The purchasers of the sites in Dr. Shivaram Karanth Layout are permitted to get themselves registered in the B.D.A. as applicants for allotment of sites under the Bangalore Development Authority (Allotment of Sites) Rules, 1984 ("B.D.A. Allotment of Site Rules") within 4 months from today.

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(8) These purchasers should not he owning any other residential property in Bangalore and surrounding vicinity. They shall be bound by all the other terms and conditions for allotment of sites as per the B.D.A. Allotment of Site Rules.

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(9) The General Power of Attorney holders and persons having an Agreement to Sell are not entitled for allotment of the sites.

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(10) Purchasers of sites, through registered sale deeds, prior to 03.08.2018, are alone entitled for allotment of sites as per this order.

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(11) The B.D.A. shall calculate the compensation payable to the applicants in respect of their acquired sites and give credit accordingly by adjusting the same towards the allotment price for the sites to be allotted and call upon the applicants to pay the balance, if any.

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(12) The allotment of sites is restricted to sites measuring 30 ft. x40 ft. being the maximum extent irrespective of the measurement of their sites that have been acquired by the B.D.A.

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(13) The applicants have to withdraw the cases filed by them, if any, challenging the acquisition of their lands, before filing an application with the B.D.A. in terms of this order

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(14) The purchasers of the sites are permitted to apply for allotment of sites to the B.D.A. along with selfcertified photocopy of the title deeds on or before 17.09.2021. It is clarified that they need not pay the initial deposit. The documents submitted by the applicants along with their applications for allotment of sites in terms of this order shall be referred by the Commissioner, B.D.A., to a committee of retired District Judges comprising of a Chairman and two Members. The Committee so appointed shall examine the title deed of the applicants and submit a report as to the ownership of the sites to the Commissioner, B.D.A. The rival claim(s), if any, shall also be decided by the committee. The B.D.A. would allot sites only to those applicants who are duly certified by this Committee as the owners, subject to their satisfying other conditions of this order.”

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The Apex Court, in terms of the aforesaid order, directed constitution of a committee to go in the issue of revenue site holders. In furtherance of the direction so issued, Bopaiah Committee is constituted to specifically go into the issue of the revenue site holders and their respective claim.

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In the light of the direction by the Apex Court as quoted supra , and the constitution of the Bopaiah Committee, the petitioners will have to be relegated to appear before the Committee, as in terms of the said order it is for the Committee to decide the grievance of the petitioners and answer the same. In that light, we are of the considered view that these petitions could be disposed, with a direction to the Committee to consider the grievances of the petitioners – revenue site holders and redress the same.

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The learned counsel for the BDA submits that several applications are pending before the Committee and there are several applications to be placed before the Committee, they could be of the notification of the year 2018 or 2022. In that light, we deem it appropriate to direct the BDA to consider the grievances of those persons i.e., the revenue site holders, by the Committee, notwithstanding the fact that they are petitioners before the Court or otherwise. It is also necessary for the BDA to notify that the Committee is taking up the

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applications of the revenue site holders by giving adequate publicity.

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In the light of the aforesaid reasons, the following:

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ORDER

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(a) The petitions stand disposed.

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(b) The petitioners are relegated to appear before the Committee qua their grievances.

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(c) The BDA shall, within one (1) week from the date of receipt of the copy of this order, notify to the general public, both in print and electronic media to sensitize the applicants who

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are revenue site holders in Dr.Shivaramakaranth Layout, to submit their applications before the Bopaiah Committee.

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(d) The BDA shall grant four (4) weeks time on and from the date of such notification/publication, in both print and electronic media.

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(e) All applications concerning 2018 notification or 2022 notification shall bear consideration at the hands of the BDA.

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(f) The Bopaiah Committee is at liberty to take assistance of experts from the BDA to resolve the grievances of the applicants.

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(g) The Committee is granted three (3) months time from the last date indicated in terms of clause (d) supra i.e., the last date for receipt of the applications from the applicants – revenue site holders, to resolve the dispute, strictly in consonance with law.

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