Allowed

Sri. R Chandrappa v. the Commissioner

Karnataka HC20 Sept 2024WP/20360/2024

Case brief

AI extract

What is this about?

Writ petition filed under Article 226 of the Constitution of India seeking direction to Bangalore Development Authority to consider petitioner's representation regarding incentive site in lieu of land acquisition. Court allowed petition and directed respondents to consider representation within four weeks.

What did the court decide?

Respondents-Bangalore Development Authority directed to consider the petitioner's representation dated 31.03.2023 within four weeks from the date of receipt of a copy of this order.

Sri. R Chandrappa Vs the Commissioner — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:38798-DB WP No. 20360 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF SEPTEMBER, 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. 20360 OF 2024 (LA-BDA)

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BETWEEN:

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SRI R.CHANDRAPPA AGED ABOUT 75 YEARS S/O LATE DODDARUDRAPPA R/AT NO.36, KEMPANAHALLI VILLAGE ATTUR POST, YELAHANKA HOBLI BENGALURU NORTH TALUK BENGALURU – 560 064.

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…PETITIONER

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(BY SRI K.P.BHUVAN, ADVOCATE)

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AND:

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD

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KUMARA PARK WEST BENGALURU – 560 020.

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THE SPECIAL 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 SRI SHIVAPRASAD M.SHANTANAGOUDAR, ADVOCATE)

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2 - NC: 2024:KHC:38798-DB WP No. 20360 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS-BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560020 TO CONSIDER THE REPRESENTATION DATED 31/03/2023 MADE BY THE PETITIONER VIDE ANNEXURE-F, AS EXPEDITIOUSLY AS POSSIBLE.

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THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM:

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HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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(PER: HON'BLE MR JUSTICE M.NAGAPRASANNA)

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The petitioner is before this Court seeking the following

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prayer:

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(a) Issue a writ of mandamus, directing the respondentsBangalore Development Authority, T.Chowdaiah Road, Kumara Park West, Bengaluru-560 020 to consider the representation dated 31.03.2023 made by the petitioner vide Annexure-F, as expeditiously as possible.

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(b) Issue a writ of mandamus, directing the respondentsBangalore Development Authority, T.Chowdaiah Road, Kumara Park West, Bengaluru-560020, to allot an incentive site under 60:40 ratio, in lieu of acquisition of the land of the petitioner to an extent of 0-02 guntas in Sy.No.19/14, Kempanahalli Village, Yelahanka Hobli, Bengaluru North Taluk, Bengaluru, by following their own

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NC: 2024:KHC:38798-DB WP No. 20360 of 2024

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certificate dated 27.06.2024 vide Annexure-G to the writ petition, as expeditiously as possible.

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(c) Pass such other orders, as the petitioner is entitled to in the facts and circumstances of the case, including the cost of the proceedings, in the interest of justice and equity.”

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Heard Sri K.P.Bhuvan, learned counsel for petitioner and Sri Shivaprasad M. Shantanagoudar, learned standing counsel for the respondents.

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The petitioner is seeking a writ in the nature of mandamus directing the respondents to consider his representation dated 31.03.2023, submitted before the respondents – authorities, for the purpose of incentive site in lieu of acquisition that has happened. The said representation is not yet met its consideration, even as on today.

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Learned counsel representing the respondents – Bangalore Development Authority would submit that if reasonable time is granted, the representation would be considered and necessary orders would be passed in

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accordance with law.

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NC: 2024:KHC:38798-DB WP No. 20360 of 2024

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In the light of the aforesaid submission, we deem it appropriate to pass the following:

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ORDER

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a. The writ petition is allowed.

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b. The respondents – Bangalore Development Authority to consider the representation of the petitioner dated 31.03.2023, within four weeks from the date of receipt of a copy of this order.

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c. The respondents – Bangalore Development Authority shall also communicate the order that would be passed on the representation to the petitioner.

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Ordered accordingly.

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Sd/(KRISHNA S DIXIT) JUDGE

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Sd/-

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(M.NAGAPRASANNA) JUDGE

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NVJ

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List No.: 1 Sl No.: 13 CT:SS

Sri. R Chandrappa v. the Commissioner

Case brief

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Sri. R Chandrappa v. the Commissioner

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