The court disposed of a writ petition challenging a proposed new land sketch and intimation letter. It directed authorities and petitioners to conduct a joint survey to identify un-acquired land before taking coercive steps.
Directed joint survey on 30 December 2024; authorities barred from coercive steps pending survey outcomes.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:52378 WP NO.34647 OF 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.34647 OF 2024 (LA-BDA)
BETWEEN:
CHANNAMMA
W/O LATE RANGAPPA SINCE DECEASED BY HER LR'S.
ALL ARE RESIDING AT:
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
NO.239, LAKSHMI VENKATESHWARA ROAD, MUDDINAPALYA
BENGALURU - 560 091.
…PETITIONERS
(BY SRI. MITHUN G.A., ADVOCATE)
AND:
NC: 2024:KHC:52378 WP NO.34647 OF 2024
T. CHOWDAIAH ROAD, BANGALURU - 560 020.
…RESPONDENTS
(BY SRI. RAVINDRANATH B., AGA FOR R1; SRI. K. KRISHNA, ADVOCATE FOR R2 TO R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROPOSED NEW SKETCH PREPARED BY THE RESPONDENTS 5 TO 7 DATED 10TH SEPTEMBER, 2024 IN RESPECT OF SURVEY NO.49 OF GIDADAKONENAHALLI, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK MEASURING 20 GUNTAS VIDE ANNEXURE-A1; CONSEQUENTLY QUASH THE INTIMATION LETTER DATED 04TH MAY, 2024 SENT BY THE RESPONDENT NO.5 VIDE ANNEXURE-A INSOFAR AS THE PETITIONERS IS CONCERNED; AND ETC.
NC: 2024:KHC:52378 WP NO.34647 OF 2024
THIS PETITION COMING ON FOR PRELIMINARY HEARING HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
ORAL ORDER
Sri. Ravindranath B., learned Additional Government Advocate accepts notice for respondent No.1 and Sri. K. Krishna, learned counsel accepts notice for respondents 2 to 7.
NC: 2024:KHC:52378 WP NO.34647 OF 2024
NC: 2024:KHC:52378 WP NO.34647 OF 2024
by excluding an extent of 20 guntas, which is not acquired by the respondent-Authorities and in this connection the spot inspection and survey has been made after issuance of notice to the petitioners and petitioners have deliberately absent. Accordingly, he sought for dismissal of the writ petition.
relating to the identification of land in question in terms of the Final Layout plan produced at Annexure-F. In that view of the matter, in order to resolve the issue relating to identification of property in question, I am of the view that, the impugned intimation letter dated 04th May, 2024 (Annexure-A) be considered as show-cause notice to the petitioner to conduct joint survey at the instance of the petitioner as well as the Officers of the respondent-Bengaluru Development Authority. It is also open for the respondent-Bengaluru Development Authority to get the assistance of jurisdictional Assistant Director of Land Records to identify the acquired area in Survey No.49 and thereafter, exclude the remaining 20 guntas of land which is not acquired by the respondent-Authorities in terms of Final Notification dated 09th September, 2003 (Annexure-C) as well as sketch produced at Annexure-F.
NC: 2024:KHC:52378 WP NO.34647 OF 2024
the layout plan produced at Annexure-F to the writ petition and to issue the fresh sketch in respect of the land bearing Survey No.49 of Gidadakonenahalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk.
disposed of.
SD/(E.S. INDIRESH) JUDGE
ARK
2 issues framed by the court
Whether the作答正确的 intimation letter regarding exclusion of 20 guntas of land constitutes a final order quashing the writ petition?
Whether a joint survey is necessary to identify the un-acquired portion of land before proceeding coercively?
1 provisions across 1 enactments
CHANNAMMA
STATE OF KARNATAKA
BENGALURU DEVELOPMENT AUTHORITY
SPECIAL LAND ACQUASITION OFFICER
TOWN PLAN MEMBER
EXECUTIVE ENGINEER WEST DIVISION
E.S. INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
