Disposed

Sri Channappa B M v. the Bengaluru Development Authority

Karnataka HC6 Dec 2024WP/33122/2024

Case brief

AI extract

What is this about?

Writ petition challenging a BDA demolition/encroachment notice concerning land in Naadaprabhu Kempegowda Layout, with part of petitioner's building already demolished. Court directed both parties to maintain status quo until respondent No.2 considers the petitioner's reply dated 05.12.2024, within one week.

What did the court decide?

Status quo on the land till consideration of reply; respondent No.2 to consider reply dated 05.12.2024 within one week; petition disposed of.

Sri Channappa B M Vs the Bengaluru Development… — Municipal and Town Planning | Karnataka HC (2024)

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NC: 2024:KHC:50485 WP No. 33122 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 33122 OF 2024 (BDA)

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BETWEEN:

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SRI. CHANNAPPA B.M, S/O MUNIHUCHAIAH, AGED ABOUT 53 YEARS, R/AT BHEEMANAKUPPE, RAMOHALLI POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 060.

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…PETITIONER

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(BY SRI. VASANTH KUMAR H.T, ADVOCATE)

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AND:

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Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka

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

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THE ASSISTANT EXECUTIVE ENGINEER, BENGALURU DEVELOPMENT AUTHORITY, NO.2, SUB DIVISION, NAADAPRABHU KEMPEGOWDA LAYOUT DIVISION, NO.101/3 AND 102/2, BDA OFFICE, JNANABHARATHI LAYOUT, B.M. ROAD, KENGERI, OPP. METRO PILLAR-594, BENGALURU - 560 060.

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…RESPONDENTS

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(BY SRI. K. KRISHNA, ADVOCATE)

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NC: 2024:KHC:50485 WP No. 33122 of 2024

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE ISSUED BY THE R-2 VIDE SANKEY.BE.A.PRA/SA.KA.A-4/NPKL/710/2024-25 DATED 02.12.2024 VIDE ANNEXURE-J AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH

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ORAL ORDER

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In this writ petition, the petitioner is assailing the Impugned Notice dated 02.12.2024 (Annexure-J) issued by respondent-Bangalore Development Authority (for short, BDA) inter alia sought for consideration of the reply dated 05.12.2024 (Annexure-K).

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Having taken note of the submission made by the learned counsel appearing for the parties and further it is also submitted by the learned counsel appearing for the petitioner that, portion of the building belonging to the petitioner has been demolished by respondent-BDA and accordingly, it is contended by the learned counsel appearing for the petitioner that, the land belonging to the petitioner is to an extent of 10

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NC: 2024:KHC:50485 WP No. 33122 of 2024

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guntas, excluding the land being acquired by the respondentBDA as stated in the endorsement dated 14.07.2017 and therefore, sought for interference of this Court.

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Per contra , Sri. K.Krishna, learned counsel appearing for the respondent-BDA, invited the attention of this Court to the photographs at Annexure-H and submitted that, the petitioner herein constructing the building/sheds in a land, which is already acquired by the respondent-authorities.

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In that view of the matter, taking into consideration the fact that the respondent-BDA has issued the notice under Section 15(4) of the Karnataka Town and Country Planning Act, 1961 read with Section 33 of the Bangalore Development

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Authority Act, 1976 and in furtherance of the same, the petitioner has made representation reply dated 05.12.2024 (Annexure-K) and same is yet to be considered by the respondent-BDA, in that view of the matter, I am of the view that, both the parties are directed to maintain status quo insofar as the land in question, till the consideration of the reply dated 05.12.2024 (Annexure-K) by respondent No.2. It is also made clear that respondent No.2 shall consider the reply dated

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NC: 2024:KHC:50485 WP No. 33122 of 2024

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05.12.2024, within one week from the date of receipt of certified copy of this order.

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With this observation, writ petition is disposed of .

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Sd/(E.S.INDIRESH) JUDGE

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PK List No.: 2 Sl No.: 2 CT: BHK

Sri Channappa B M v. the Bengaluru Development Authority

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Sri Channappa B M v. the Bengaluru Development Authority

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