Disposed

Sri R Srinivasan v. the Bangalore Development Authority

Karnataka HC20 Jan 2024WP/9936/2014

Case brief

AI extract

What is this about?

Multiple writ petitions challenged acquisition proceedings. Petitioners admitted purchasing properties after final notification and lacked title. Court granted liberty to apply under Section 38D of BDA Act, status quo, and disposed petitions.

What did the court decide?

Liberty granted to file application under Section 38D of BDA Act within 2 months; status quo maintained.

Sri R Srinivasan Vs the Bangalore Development… — Municipal and Town Planning | Karnataka HC (2024)

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NC: 2024:KHC:2865 WP No. 9936 of 2014 C/W WP No. 9938 of 2014 WP No. 18738 of 2014 WP No. 48557 of 2014 WP No. 19596 of 2015 WP No. 19598 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY, 2024 BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN

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WRIT PETITION NO. 9936 OF 2014 (LA-BDA)

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C/W

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WRIT PETITION NO. 9938 OF 2014 (LA-BDA) WRIT PETITION NO. 18738 OF 2014 (LA-BDA) WRIT PETITION NO. 48557 OF 2014 (LA-BDA) WRIT PETITION NO. 19596 OF 2015 (LA-BDA)

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WRIT PETITION NO. 19598 OF 2015 (LA-BDA)

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IN WP NO. 9936 OF 2014 (LA-BDA)

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BETWEEN:

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Digitally signed by V MANJUSHA BAI

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Location: High Court of Karnataka

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SRI R SRINIVASAN S/O LATE T. RAMASWAMY AGED ABOUT 39 YEARS,

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SRI R.MANIVELAN S/O. LATE T.RAMASWAMY AGED ABOUT 40 YEARS BOTH R/O. NO.44, 10TH MAIN 100FT ROAD, BANASWADI POST BANGALORE-43

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BOTH ABOVE REPRESENTED BY THEIR GPA HOLDER-SRI B.SHIVAKUMAR S/O M.BALAKRISHNAN AGED ABOUT 39 YEARS RESIDING AT NO.529

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NC: 2024:KHC:2865 WP No. 9936 of 2014 C/W WP No. 9938 of 2014 WP No. 18738 of 2014 WP No. 48557 of 2014 WP No. 19596 of 2015 WP No. 19598 of 2015

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EX-SERVICEMAN COLONY DODDA BANASWADI BANGALORE-560 043.

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…PETITIONERS

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(BY SRI M.S. BHAGWAT, SENIOR ADVOCATE FOR SRI SATISH K., ADVOCATE)

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AND:

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THE BANGALORE DEVELOPMETN AUTHORITY REPRESENTED BY ITS COMMISSIONER T.CHOWDAIAH ROAD, KUMARAPARK WEST BANGALORE-560 020.

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THE EXECUTIVE ENGINEER BANGALORE DEVELOPMENT AUTHORITY NORTH DIVISION, B.D.A.COMPLEX R.T.NAGAR, BANGALORE-560 032.

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THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF HOUSING & URBAN DEVELOPMENT BANGALORE-560 001.

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…RESPONDENTS

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(BY SRI MURUGESH V. CHARATI, ADVOCATE for R1 & R2, SRI NAVEEN CHANDRASHEKAR, AGA FOR R3)

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NC: 2024:KHC:2865 WP No. 9936 of 2014 C/W WP No. 9938 of 2014 WP No. 18738 of 2014 WP No. 48557 of 2014 WP No. 19596 of 2015 WP No. 19598 of 2015

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PURSUANT TO THE NOTIFICATION DATED 03.11.1977 BEARING NO.BDA/SALAO/O3PR/301/77-78 ISSUED UNDER SECTION 17(1) OF THE BDA ACT, 1976, BY THE R-1 (ANNEX-J) AND NOTIFICATION DATED 13.11.1980 BEARING NO.HUD 35 MNJ 78 ISSUED BY THE R-3 UNDER SECTION 19(1) OF THE BDA ACT, 1976 (ANNEX-K) AND ETC.

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IN WP NO.9938 OF 2014 (LA-BDA)

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BETWEEN:

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SMT. R INDIRA SHASTRI W/O R RAJAGOPAL SHASTRI AGED ABOUT 60 YEARS R/O. NO.139/7, 'NEW JCO'S COLONY' BANGALORE-42.

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REPRESENTED BY HER GPA HOLDER M BALAKRISHNAN S/O LATE M MADURAI MUTHU AGED ABOUT 72 YEARS RESIDING AT NO.529 EX-SERVICEMAN COLONY DODDA BANASWADI BANGALORE-560 043.

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…PETITIONER

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(BY SRI. M S BHAGAWAT, SENIOR ADVOCATE FOR SRI. SATISH K., ADVOCATE)

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AND:

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THE BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T CHOWDAIAH ROAD KUMARAPARK WEST BANGALORE-560 020.

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NC: 2024:KHC:2865 WP No. 9936 of 2014 C/W WP No. 9938 of 2014 WP No. 18738 of 2014 WP No. 48557 of 2014 WP No. 19596 of 2015 WP No. 19598 of 2015

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THE EXECUTIVE ENGINEER BANGALORE DEVELOPMENT AUTHORITY NORTH DIVISION, B.D.A COMPLEX R.T. NAGAR, BANGALORE 560 032.

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THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF HOUSING & URBAN DEVELOPMENT BANGALORE-560 001.

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…RESPONDENTS

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(BY SRI. MURUGESH V CHARATI, ADVOCATE FOR R1 AND R2 SRI. NAVEEN CHANDRASHEKAR, ADVOCATE FOR R3;)

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THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE RESPONDENTS HAVE NO RIGHT WHATSOEVER OVER THE PETITION SCHEDULE PROPERTY COMPRISED IN SY.NO.239/A OF BANASWADI VILLAGE, KRISHNARAJAPURAM HOBLI, BANGALORE SOUTH TALUK MEASURING 1 ACRES 30 GUNTAS, PURSUANT TO THE NOTIFICATION DATED 03.11.1977 BEARING NO.BDA/SALAO/O3PR/301/77-78 ISSUED UNDER SECTION 17(1) OF THE BDA ACT, 1976, BY THE R-1 (ANNEX-J) AND NOTIFICATION DATED 13.11.1980 BEARING NO.HUD 35 MNJ 78 ISSUED BY THE R-3 UNDER SECTION 19(1) OF THE BDA ACT, 1976 (ANNEX-K) AND ETC.

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IN WP NO.18738 OF 2014 (LA-BDA)

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BETWEEN:

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DR. SURESH KANNAN S/O LATE N R KANNAN AGED ABOUT 58 YEARS REP BY HIS POWER OF ATTORNEY

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5 - NC: 2024:KHC:2865 WP No. 9936 of 2014 C/W WP No. 9938 of 2014 WP No. 18738 of 2014 WP No. 48557 of 2014 WP No. 19596 of 2015 WP No. 19598 of 2015

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HOLDER SRI SHAKTHI VADIVEL NO.14, SHAKTHI NIVAS 4TH MAIN, O.M.B.R. LAYOUT BANASWADI, BANGALORE-560 043.

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…PETITIONER

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(BY SRI. M.S. BHAGWAT, SENIOR ADVOCATE FOR SMT. SUDHA D., ADVOCATE)

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AND:

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THE BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T CHOWDAIAH ROAD, KUMARAPARK WEST BANGALORE-560 020.

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THE EXECUTIVE ENGINEER BANGALORE DEVELOPMENT AUTHORITY NORTH DIVISION, B.D.A COMLPLEX R.T. NAGAR, BANGALORE-560 032.

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THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF HOUSING & URBAN DEVELOPMENT BANGALORE-560 001.

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…RESPONDENTS

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(BY SRI. G LAKSHMEESH RAO., ADVOCATE FOR R1 AND R2; SRI. NAVEEN CHANDRASHEKAR, AGA FOR R3)

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THIS PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE RESPONDENTS HAVE NO RIGHT WHATSOEVER OVER THE PETITION SCHEDULE PROPERTY COMPRISED IN SY.NO.27/11 OF BANASWADI VILLAGE, KRISHNARAJAPURAM HOBLI, BANGALORE SOUTH TALUK MEASURING 2 ACRES 6½ GUNTAS, PURSUANT TO THE NOTIFICATION DATED 03.11.1977

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NC: 2024:KHC:2865 WP No. 9936 of 2014 C/W WP No. 9938 of 2014 WP No. 18738 of 2014 WP No. 48557 of 2014 WP No. 19596 of 2015 WP No. 19598 of 2015

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BEARING NO.BDA/SALAO/O3PR/301/77-78 ISSUED UNDER SECTION 17(1) OF THE BDA ACT, 1976, BY THE R-1 (ANNEXG) AND NOTIFICATION DATED 13.11.1980 BEARING NO.HUD 35 MNJ 78 ISSUED BY THE R-3 UNDER SECTION 19(1) OF THE BDA ACT, 1976 (ANNEX-H) AND ETC.

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IN WP NO.48557 OF 2014 (LA-BDA)

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BETWEEN:

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SMT. NARINDER JEET KAUR W/O. DR. GURCHARAN SINGH AGED ABOUT 54 YEARS R/AT NO.12/28, UDANI LAYOUT CAMBRIDGE ROAD, ULSOOR BANGALORE-560 008 REPRESENTED BY HER GPA HOLDER SRI B SHIVA KUMAR.

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…PETITIONER

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(BY SRI. M S BHAGAWAT, SENIOR ADVOCATE FOR SRI. SATISH K., ADVOCATE)

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AND:

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THE BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T CHOWDAIAH ROAD, KUMARAPARK WEST BANGALORE-560 020.

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THE EXECUTIVE ENGINEER BANGALORE DEVELOPMENT AUTHORITY NORTH DIVISION, B.D.A. COMPLEX R T NAGAR, BANGALORE-560 032.

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THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF HOUSING AND

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NC: 2024:KHC:2865 WP No. 9936 of 2014 C/W WP No. 9938 of 2014 WP No. 18738 of 2014 WP No. 48557 of 2014 WP No. 19596 of 2015 WP No. 19598 of 2015

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URBAN DEVELOPMENT BANGALORE-560 001.

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…RESPONDENTS

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(BY SRI. B S SACHIN, ADVOCATE FOR R1 & R2; SRI. NAVEEN CHANDRASHEKAR, AGA FOR R3)

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THIS PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE ACQUISITION PROCEEDINGS INITIATED BY THE RESPONDENTS PURSUANT TO THE PRELIMINARY NOTIFICATION DATED 03.11.1977 BEARING NO.BDA/SALAO/O3PR/301/77-78 ISSUED UNDER SECTION 17(1) OF THE BDA ACT, 1976, BY THE R-1 (ANNEX-G) AND NOTIFICATION DATED 13.11.1980 BEARING NO.HUD 35 MNJ 78 ISSUED BY THE R-3 UNDER SECTION 19(1) OF THE BDA ACT, 1976 (ANNEX-H), HAS LAPSED, IN SO FAR AS THE PETITION SCHEDULE PROPERTY IS CONCERNED.

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IN WP NO.19596 OF 2015 (LA-BDA)

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BETWEEN:

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SMT. VIDYA U HARWADEKAR W/O LATE U M HARWADEKAR AGED ABOUT 67 YEARS NO. 35, 'KAMALALAYA HOMES' 6TH MAIN ROAD, CHAMARAJAPET BANGALORE-560 018 REPRESENTED BY HIS GPA HOLDER RAVINDRA S SHETTI S/O LATE SHRIPADRAO G SHETTI AGED ABOUT 49 YEARS RESIDING AT NO.P-14/10 D.G.Q.A RESIDENTIAL COMPLEX J C NAGAR, BANGALORE-560 006.

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…PETITIONER

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8 - NC: 2024:KHC:2865 WP No. 9936 of 2014 C/W WP No. 9938 of 2014 WP No. 18738 of 2014 WP No. 48557 of 2014 WP No. 19596 of 2015 WP No. 19598 of 2015

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(BY SRI. M S BHAGAWAT, SENIOR ADVOCATE FOR SRI. SATISH K., ADVOCATE)

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AND:

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THE BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN T CHOWDAIAH ROAD, KUMARAPARK WEST BANGALORE-560 020.

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THE EXECUTIVE ENGINEER BANGALORE DEVELOPMENT AUTHORITY NORTH DIVISION, B.D.A COMPLEX R T NAGAR, BANGALORE-560 032.

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THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT BANGALORE-560 001.

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…RESPONDENTS

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(BY SRI. KIRAN C V, ADVOCATE FOR R1 & R2; SRI NAVEEN CHANDRASHEKAR, ADVOCATE FOR R3)

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NC: 2024:KHC:2865 WP No. 9936 of 2014 C/W WP No. 9938 of 2014 WP No. 18738 of 2014 WP No. 48557 of 2014 WP No. 19596 of 2015 WP No. 19598 of 2015

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IN WP NO. 19598 OF 2015 (LA-BDA)

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BETWEEN:

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SRI R. RAMACHANDRAN S/O LATE RAJAGOPAL AGED ABOUT 66 YEARS NO.532, EX-SERVICEMEN COLONY DODDA BANASWADI, BANGALORE-560 043 REPRESENTED BY HIS GPA HOLDER B. SHIVA KUMAR, S/O M. BALAKRISHNAN AGED ABOUT 39 YEARS, R/AT NO.529 EX-SERVICEMAN COLONY, DODDA BANASWADI BANGALORE-560 043.

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…PETITIONER

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(BY SRI. M S BHAGAWAT, SENIOR ADVOCATE FOR SRI. SATISH K., ADVOCATE)

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AND:

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THE BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS CHAIRMAN T. CHOWDAIAH ROAD, KUMARAPARK WEST, BANGALORE-560 020.

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THE EXECUTIVE ENGINEER BANGALORE DEVELOPMENT AUTHORITY NORTH DIVISION, B.D.A. COMPLEX R.T. NAGAR, BANGALORE-560 032.

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THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT BANGALORE-560 001.

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…RESPONDENTS

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10 - NC: 2024:KHC:2865 WP No. 9936 of 2014 C/W WP No. 9938 of 2014 WP No. 18738 of 2014 WP No. 48557 of 2014 WP No. 19596 of 2015 WP No. 19598 of 2015

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(BY SRI. KIRAN C V, ADVOCATE FOR R1 & R2; SRI NAVEEN CHANDRASHEKAR, ADVOCATE FOR R3)

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THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The aforementioned writ petitions are filed challenging the acquisition proceedings and dispossessing

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the petitioners from the writ petitions schedule properties.

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11 - NC: 2024:KHC:2865 WP No. 9936 of 2014 C/W WP No. 9938 of 2014 WP No. 18738 of 2014 WP No. 48557 of 2014 WP No. 19596 of 2015 WP No. 19598 of 2015

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However, in the course of arguments, learned Senior counsel appearing for the petitioners fairly submits that the petitioners have purchased the properties subsequent to the final notification and they do not have title over the same. Further, he submitted that he would be satisfied if the petitioners are given liberty to make necessary application before the respondent - Bangalore Development Authority (BDA) under Section 38D of the Bangalore Development Authority Act, 1976 (for short 'the

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BDA Act') for which, respondents have no objection. Further, the parties pray that under similar circumstances, an order was passed by a Co-ordinate Bench of this Court in W.P.No.13640/2014 c/w. W.P.No.29515/2019 and a similar order may be passed in the instant case also. Hence, the following:-

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ORDER

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i. The petitioners are given liberty to make the application to the respondent - BDA under

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12 -

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NC: 2024:KHC:2865 WP No. 9936 of 2014 C/W WP No. 9938 of 2014 WP No. 18738 of 2014 WP No. 48557 of 2014 WP No. 19596 of 2015 WP No. 19598 of 2015

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Section 38D of the BDA Act within a period of two months from today.

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ii. Upon receipt of the said application, the respondent - BDA shall consider the case of the petitioners in accordance with law and pass appropriate orders within one year thereafter.

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iii. Parties shall maintain status-quo in respect of the properties concerned, till such decision is taken by the respondent - BDA.

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iv. The writ petitions are accordingly, disposed of .

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Sd/JUDGE

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VMB

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List No.: 1 Sl No.: 14

Sri R Srinivasan v. the Bangalore Development Authority

Case brief

What is this about?

What did the court decide?

Sri R Srinivasan v. the Bangalore Development Authority

Case brief

What is this about?

What did the court decide?

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