Disposed

Sri. Manjunatha v. State of Karnataka

Karnataka HC14 Oct 2024WP/18702/2023

Case brief

AI extract

What is this about?

Two landowners challenged a BDA acquisition award affecting 0-14.75 guntas of built-up land at Byalakere Village. Counsel restricted submissions to consideration of representations already filed with the BDA; the Court disposed of the petitions directing consideration within four weeks, keeping all contentions open.

What did the court decide?

Petitions disposed directing BDA to consider petitioners' representations within four weeks and inform them of the decision; contentions kept open.

Sri. Manjunatha Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:41328-DB WP No. 18702 of 2023 C/W WP No. 18636 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF OCTOBER, 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. 18702 OF 2023 (LA-BDA)

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C/W

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WRIT PETITION NO. 18636 OF 2023 (LA-BDA) IN WP No. 18702/2023:

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BETWEEN:

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SRI. MANJUNATHA, S/O LATE SRI BATHYAPPA, AGED ABOUT 43 YEARS, R/AT BYLAKERE VILLAGE, HESRAGHATTA HOBLI, SHIVAKOTE POST, BANGALORE 560 089.

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…PETITIONER

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(BY SRI. K B NAVEEN KUMAR.,ADVOCATE)

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

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AND:

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STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE 560 001. REP BY ITS PRINCIPAL SECRETARY.

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BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUAMRA PARK WEST, BANGALORE 560 020. REP BY ITS COMMISSIONER.

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NC: 2024:KHC:41328-DB WP No. 18702 of 2023 C/W WP No. 18636 of 2023

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THE SPECIAL LAND ACUQUISTION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T CHOWDAIAH ROAD, KUMARA PARK, BANGALORE 560 020.

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…RESPONDENTS (BY SRI. M RAJKUMAR., AGA FOR R1; SRI.SHIVAPRASAD SHANTANAGOUDAR.,ADVOCATE FOR R2 & R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO i) CALL FOR RECORDS OF THE PROCEEDINGS OF THE RESPONDENTS AND ii) QUASHING THE AWARD NOTICE DATED 15/05/2023 VIDE BEARING NO. BDA/DSKL/SLAO-6/LFT/FNLAC-88/2022-23 ISSUED BY THE R3 VIDE ANNEXURE-C IN SO FAR AS IT RELATES TO THE EXTENT OF 0-14.75 GUNTAS, SITUATED AT BYALAKERE VILLAGE, HESARAGHATTA HOBLI, MORE FULLY DESCRIBED IN THE SCHEDULE TO THE PETITION AND ETC.,

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IN WP NO. 18636/2023:

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BETWEEN:

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SRI. DINESH, S/O LATE SRI BATHYAPPA, AGED ABOUT 40 YEARS, RESIDING AT BYALKERE VILLAGE, HESARAGHATTA HOBLI, SHIVAKOTE POST, BANGALORE 560 089.

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…PETITIONER

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(BY SRI. K B NAVEEN KUMAR., ADVOCATE)

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AND:

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STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA,

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3 - NC: 2024:KHC:41328-DB WP No. 18702 of 2023 C/W WP No. 18636 of 2023

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BANGALORE 560 001. REPRESENTED BY ITS PRICIPAL SECRETARY.

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BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARKA PARK WEST, BANGALORE 560 020. REPRESENTED BY ITS COMMISSIONER

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

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…RESPONDENTS

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(BY SRI.M RAJAKUMAR., AGA FOR R1; SRI.SHIVAPRASAD SHANTANAGOUDAR., ADVOCATE FOR R2 & 3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) CALL FOR RECORDS OF THE PROCEEDINGS OF THE RESPONDENTS AND II) QUASHING THE AWARD NOTICE DATED 15/05/2023 VIDE BEARING NO. LAC -88/2022-23 ISSUED BY THE R3 VIDE ANNEXURE-C IN SO FAR AS IT RELATES TO THE EXTENT OF 0-14.75 GUNTAS, SITUATED AT BYALAKERE VILLAGE, HESARAGHATTA HOBLI, MORE FULLY DESCRIBED IN THE SCHEDULE TO THE PETITION AND ETC.,

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THESE WRIT PETITIONS 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 KRISHNA S DIXIT and HON'BLE MR JUSTICE M.NAGAPRASANNA

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NC: 2024:KHC:41328-DB WP No. 18702 of 2023 C/W WP No. 18636 of 2023

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ORAL ORDER

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(PER: HON'BLE MR JUSTICE M NAGAPRASANNA)

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Petitioners in these petitions are before this Court

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seeking the following prayers:

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IN WP NO.18702/2023:

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“i) Call for records of the proceedings of the respondents,

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ii) Issue a writ of certiorari of any other writ quashing the Award Notice dated 15/05/2023 vide bearing No.BDA/DSKL/SLAO-6/LFT/FN-LAC88/2022-23 issued by the 3^rd Respondent vide ANNEXURE-C in so far as it relates to the extent of 0-14.75 Guntas , situated at Byalakere Village, Hesaraghatta Hobli, more fully described in the Schedule to the Petition.

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iii) In the alternative, issue appropriate writ or direction directing the Respondents to consider the case of the petitioner and further direct them to consider exclusion of the land on part with similar cases in respect of the Built-up land.

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iv) Issue such other order or writ or direction as this Hon’ble Court deems fit in the facts and circumstances of the case.”

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IN WP NO.18636/2023:

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“i) Call for records of the proceedings of the respondents and

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ii) Issue a writ of certiorari of any other writ quashing the Award Notice dated 15/05/2023 vide bearing No. LAC -88/2022-23 Issued by the 3^rd Respondent vide ANNEXURE-C in so far as it

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5 - NC: 2024:KHC:41328-DB WP No. 18702 of 2023 C/W WP No. 18636 of 2023

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relates to the extent of 0-14.75 Guntas , situated at Byalakere Village, Hesaraghatta Hobli, more fully described in the Schedule to the Petition.

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iii) In the alternative, issue appropriate writ or direction directing the Respondents to consider the case of the petitioner and further direct them to consider exclusion of the land on par with similar cases in respect of the Built-up land.

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iv) Issue such other order or writ or direction as this Hon’ble Court deems fit in the facts and circumstances of the case.”

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Heard Sri. K B Naveen Kumar, learned counsel

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appearing for the petitioners and Sri. M Rajkumar, learned

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AGA for respondent – State and Sri. Shivarpasad Shantanagoudar, learned standing counsel for respondent – BDA.

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The learned counsel appearing for the Petitioners at this juncture restricts his submission for consideration of a representation that he is said to have submitted to the BDA. The learned counsel appearing for the respondent – BDA submits that if the petitioner has in fact submitted his representation to the BDA, the same would merit consideration if reasonable time is granted.

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6 - NC: 2024:KHC:41328-DB WP No. 18702 of 2023 C/W WP No. 18636 of 2023

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In the light of this submission these petitions

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are disposed on recording the submission of learned counsel for the petitioners that he would restrict his submission to consideration of petitioner/s representation/s submitted before the BDA, though a copy of which is not before us.

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If a representation is intact, it should merit

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consideration within an outer limit of four weeks from the date of receipt of copy of this order. The decision taken in that regard shall be informed to the petitioners. All contentions of the both the parties are kept open.

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Ordered accordingly.

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Sd/- (KRISHNA S DIXIT) JUDGE

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Sd/(M.NAGAPRASANNA) JUDGE

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Bsv

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List No.: 1 Sl No.: 23

Sri. Manjunatha v. State of Karnataka

Case brief

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Sri. Manjunatha v. State of Karnataka

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