Disposed

Arun K P v. Bangalore Development Authority

Karnataka HC18 Jan 2024WP/54105/2014

Case brief

AI extract

What is this about?

Site owners challenged a 2006 BDA preliminary notification to form a 100 feet road over their sites. BDA admitted no steps were taken and no final notification issued. Court held acquisition was abandoned, set aside the preliminary notification as regards petitioners' lands, and disposed of the writ petitions.

What did the court decide?

Preliminary notification No.BDA/SLAO/A4/PR/11/2006-07 dated 19.04.2006 set aside as regards petitioners' lands; liberty to acquire afresh per law.

Arun K P Vs Bangalore Development Authority — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:2474 WP No. 54105 of 2014 C/W WP No. 48823 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 54105 OF 2014 (LA-BDA)

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C/W

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WRIT PETITION NO. 48823 OF 2014 (LA-BDA)

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IN WP NO. 54105/2014

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BETWEEN:

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ARUN K.P, AGED ABOUT 38 YEARS, S/O LATE K.S. PUNDARIKAKSHA, RESIDING AT NO.138, 13TH CROSS, 6TH MAIN, N.S.PALYA, BTM 2ND STAGE, BANGALORE - 560 076.

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…PETITIONER

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(BY SRI. M.S. KOUSHIK, ADVOCATE)

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AND:

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Digitally signed by H K HEMA Location: High Court of Karnataka

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BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, SANKEY TANK ROAD, BANGALORE - 560 020. REPRESENTED BY ITS COMMISSIONER.

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…RESPONDENT

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(BY SRI. K. KRISHNA, ADVOCATE)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION PRAYING TO STRIKE DOWN THE NOTIFICATION ISSUED BY THE RESPONDENT TO FORM THE 100 FEET ROAD OVER THE SITE OF PETITIONER IN KRISHNA

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NC: 2024:KHC:2474 WP No. 54105 of 2014 C/W WP No. 48823 of 2014

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GIRI LAYOUT / POLICE LAYOUT AND KONNASANDRA LAKE AS THEY ARE IN VIOLATION OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 AND ENVIRONMENTAL LAW AND PRINCIPLES OF NATURAL JUSTICE VIDE ANNEX-D, BEARING NO.BDA/SLAO/A4/PR/11/2006-07 DATED 19.04.2006 PUBLISHED ON 18.05.2006 ISSUED BY OFFICE OF THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, BANGALORE AND ETC.,

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IN WP NO. 48823/2014

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BETWEEN:

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SRI T.V. NANJUNDARADHYA S/O SRI. T.M. VEERA ARADHYA, AGED ABOUT 61 YEARS, RESIDING AT NO.R.145, CAR POLICE LINE, SIRSI CIRCLE, MYSORE ROAD, BANGALORE - 560 018.

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SRI. CHANNA BYRAIAH, S/O SRI. GANGABYRAIAH, AGED ABOUT 62 YEARS, RESIDING AT NO.S-37, R LINE, CAR POLICE LINE, MYSORE ROAD, BANGALORE - 560 018.

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SRI. SOMBAIAH, S/O SRI. NINGAIAH, AGED ABOUT 58 YEARS, RESIDING AT NO.Q.109, C.A.R. POLICE QUARTERS, MYSORE ROAD, BANGALORE - 560 018.

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NC: 2024:KHC:2474 WP No. 54105 of 2014 C/W WP No. 48823 of 2014

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SRI. PRABHU DEVARU, S/O SRI. SADASHIVAIAH, AGED ABOUT 52 YEARS, RESIDING AT NO.53, OLD NO.1667 1ST MAIN, BYRAVESHWARA NAGAR, NAGARBHAVI ROAD, BANGALORE - 560 072.

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SRI. JAGADEESH KUMAR. M, S/O LATE MUTHUBYRAPPA, AGED ABOUT 43 YEARS, RESIDING AT NO.5/1, 2ND MAIN, 6TH CROSS, AZAD NAGAR, CHAMARAJPET, BANGALORE - 560 018.

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SRI. T. RAJU, S/O LATE K. THIMMAIAH, AGED ABOUT 54 YEARS, RESIDING AT NO.32, 6TH CROSS, MAGADI ROAD, BANGALORE - 570 023.

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SRI. DINESH R, S/O SRI. H. RAJU, AGED ABOUT 35 YEARS, NO.8, 5TH CROSS, SARASWATHI PURAM, NANDINI LAYOUT, BANGALORE - 560 096.

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SRI. VISHWANATH, S/O SRI. SIDDAIAH, AGED ABOUT 52 YEARS, RESIDING AT NO.121, CHOODANAPURA VILLAGE, KODIPALYA, KENGERI, BANGALORE - 560 060.

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4 - NC: 2024:KHC:2474 WP No. 54105 of 2014 C/W WP No. 48823 of 2014

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SRI. VENKATAPPA, S/O SRI. LATE ANNOYAPPA, AGED ABOUT 55 YEARS, RESIDING AT NO.57/1-1, 3RD MAIN, 2ND CROSS, KASTURBA NAGAR, MYSORE ROAD, BANGALORE - 560 026.

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K.R. KEMPEGOWDA, SINCE DEAD BY HIS LR'S,

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10(A). SMT. SUSHILAMMA, W/O LATE K.R. KEMPEGOWDA, AGED ABOUT 55 YEARS, RESIDING AT NO.57/7, 2ND CROSS, 3RD MAIN, KASTURIBA NAGAR, MYSORE ROAD, BANGALORE - 560 026.

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10(B). SRI. K.K. MANJUNATH, S/O LATE K.R. KEMPEGOWDA, AGED ABOUT 34 YEARS, RESIDING AT NO.57/7, 2ND CROSS, 3RD MAIN, KASTURIBA NAGAR, MYSORE ROAD, BANGALORE-560 026.

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10(C). SRI. K.K. RANGANATH, S/O LATE K.R. KEMPEGOWDA, AGED ABOUT 31 YEARS, RESIDING AT NO.57/7, 2ND CROSS, 3RD MAIN, KASTURIBA NAGAR, MYSORE ROAD, BANGALORE - 560 026.

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SRI. R. RAVI, S/O SRI. RANGAPPA, AGED ABOUT 39 YEARS, RESIDING AT NO.171, 2ND MAIN ROAD, VINAYAKA NAGARA, ADUGODI POST,

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NC: 2024:KHC:2474 WP No. 54105 of 2014 C/W WP No. 48823 of 2014

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BANGALORE - 560 030.

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SRI. S. LAKSHMI DEVI, W/O B. RAMAKRISHNAYA, AGED ABOUT 47 YEARS, RESIDING AT CAR POLICE QUARTERS, R-38, MYSORE ROAD, BANGALORE - 560 038.

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SRI.VENKATESHAIAH, S/O SRI. MANCHA SHETTY, AGED ABOUT 36 YEARS, RESIDING AT KURUBARAHALLI GRAMA, BILUGUMBA POST, RAMANAGARAM TALUK, BANGALORE RURAL DISTRICT.

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SRI. S. MANU, S/O SRI. P. SRINIVASA MURTHY, AGED ABOUT 31 YEARS, RESIDING AT NO.51/90, 20TH CROSS, 21ST MAIN, VIJAYANAGARA, BANGALORE - 560 040, REPRESENTED BY POWER OF ATTORNEY AND FATHER SRI. P. SRINIVASA MURTHY. …PETITIONERS

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(BY SRI. M.S. KOUSHIK, ADVOCATE; SRI. M.D. RAGHUNATH, ADVOCATE FOR P14) AND:

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BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, SANKEY TANK ROAD, BANGALORE - 560 020, REP BY ITS COMMISSIONER. …RESPONDENT (BY SRI. K. KRISHNA, ADVOCATE)

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6 - NC: 2024:KHC:2474 WP No. 54105 of 2014 C/W WP No. 48823 of 2014

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THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO STRIKE DOWN THE NOTIFICATION ISSUED BY THE RESPONDENT TO FORM THE 100 FEET ROAD OVER THE SITES OF PETITIONERS IN KRISHNA GIRI LAYOUT / POLICE LAYOUT AND KONNASANDRA LAKES AS THEY ARE IN VIOLATION OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT 2013 AND ENVIRONMENTAL LAW AND PRINCIPLES OF NATURAL JUSTICE VIDE ANN-X BEARING NO.BDA/SLAO/A4/PR/11/2006-07, DATED 19TH APRIL 2006 PUBLISHED ON 18.5.2006 AND ETC.,

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners in both the writ petitions are the owners of certain revenue sites in Krishna Giri Layout / Police Layout. The respondent sought to acquire a portion of the sites of the petitioners for the purpose of formation of a road and a preliminary notification bearing No.BDA/SLAO/A4/PR/11/2006-07, dated 19.04.2006, published on 18.05.2006, was passed.

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NC: 2024:KHC:2474 WP No. 54105 of 2014 C/W WP No. 48823 of 2014

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Aggrieved by the same, the present writ petition is filed.

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The learned counsel appearing for the respondent, upon instructions, submits that pursuant to passing of the preliminary notification in the year 2006, no steps have been taken to form the road on the said property and acquisition proceedings have also not been gone ahead with and no final notification has been issued so far.

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Under the said circumstances, it has to be considered that the respondent has abandoned the acquisition proceedings and the preliminary notification is liable to be set aside. Hence, the following:

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ORDER

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i. The preliminary notification bearing

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No.BDA/SLAO/A4/PR/11/2006-07,

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dated 19.04.2006, issued by the

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respondent is set aside insofar as it

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relates to the lands of the

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petitioners are concerned.

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8 - NC: 2024:KHC:2474 WP No. 54105 of 2014 C/W WP No. 48823 of 2014

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ii. However, it is clarified that if the respondent is desirous of acquiring the property once again it is always at liberty to do so in the manner known to law.

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iii. Accordingly, the Writ Petitions are hereby disposed of.

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Sd/JUDGE

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CH List No.: 1 Sl No.: 6 CT: BHK

Arun K P v. Bangalore Development Authority

Case brief

What is this about?

What did the court decide?

Arun K P v. Bangalore Development Authority

Case brief

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What did the court decide?

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