Sri Govindaraju Vs Deputy Commissioner

¶1

1 -

¶2

NC: 2025:KHC:7 WP No. 2677 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 6^TH DAY OF JANUARY, 2025

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 2677 OF 2024 (LA-BDA)

¶7

BETWEEN:

¶8

SRI. GOVINDARAJU S/O LATE SRI. SIDDAPPA, AGED ABOUT 59 YEARS, R/AT KANNAHALLI VILLAGE, KODIGEHALLI POST, YESHWANTHAPURA HOBLI, BANGALORE NORTH TALUK 560 091

¶9

…PETITIONER

¶10

(BY SRI. VINOD GOWDA, ADVOCATE)

¶11

AND:

¶12

Digitally signed by SUMA B N Location: High Court of Karnataka

¶13

DEPUTY COMMISSIONER (LAND ACQUISITION), BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU 560 020

¶14

SRI. BHADRAIAH S/O LATE SRI. CHIKKAVENKATAPPA, AGED ABOUT 68 YEARS.

¶15

SMT. PILLAMMA @ NARASAMMA W/O LATE VENKATESH, AGED ABOUT 60 YEARS,

¶16

BOTH ARE KANNALLI VILLAGE, KODIGEHALLI POST, YASWANTHAPURA HOBLI,

¶17

2 -

¶18

NC: 2025:KHC:7 WP No. 2677 of 2024

¶19

BENGALURU NORTH TALUK, BENGALURU 560 091.

¶20

…RESPONDENTS

¶21

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

¶22

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO MAKE SURVEY THE PETITIONER LAND AND ACQUIRE THE LAND DUE PROCESS OF LAW AND ETC.

¶23

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

¶24

CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

¶25

ORAL ORDER

¶26

In this petition, the petitioner has sought for a

¶27

direction to the respondent - Bangalore Development Authority (BDA) to conduct survey of the land in survey No.100/1, which was measuring 1 acre, 30 guntas situated at Kannahalli Village, acquired by the respondent - BDA for formation of the Major Peripheral Road, in terms of the notifications dated 15.11.2006 and 27.07.2011 and also for consideration of his representation dated 07.12.2022

¶28

produced at Annexure-G seeking payment of

¶29

3 -

¶30

NC: 2025:KHC:7 WP No. 2677 of 2024

¶31

compensation taking into consideration coconut, areca nut

¶32

and other trees and plants existed on his property.

¶33

The case of the petitioner is that he is the

¶34

owner in possession of an extent of 1 acres, 30 guntas out of 4 acres, 8 guntas of land in Sy.No.100/1 which he acquired in terms of a compromise decree passed in O.S.No.623/2014. That the respondent -authorities acquired the property of the petitioner for formation of road. That though the road has been formed utilizing the property of the petitioner, the petitioner is not clear as to the extent which is actually utilized by the BDA. Counsel for the petitioner submits that the representation in this regard as well as seeking consideration of payment of compensation in respect of the plants and trees was also filed as per Annexure-G which was not considered. Therefore, the present petition.

¶35

Learned counsel for the respondent - BDA submits that the land has been fully utilized for the purpose for which it has been acquired. He submits that

¶36

4 -

¶37

NC: 2025:KHC:7 WP No. 2677 of 2024

¶38

there was a variation in the measurement of the land which was notified. In that the extent of the land shown in the revenue records was not tallying with the actual extent of land. Therefore, he fairly submits that the respondentBDA would conduct survey and specifically delineate and give the information to the petitioner as to the extent of the land actually acquired and utilized for the road, if given sometime.

¶39

Submission is taken on record.

¶40

At this juncture, learned counsel for the

¶41

proposed respondent Nos.2 and 3 submits that there is an interse dispute between the petitioner and respondent Nos. 2 and 3 with regard to the right, title and interest

¶42

over the property and that he may also be given an opportunity to make a representation to the respondent - BDA. His submission is taken on record.

¶43

In view of the above, following;

¶44

ORDER

¶45

(a) Petition is allowed.

¶46

5 -

¶47

NC: 2025:KHC:7 WP No. 2677 of 2024

¶48

(b) The respondent - BDA to conduct a survey and provide the details to the petitioner with regard to the actual extent of the land in survey No.100/1 of Kannahalli Village which is utilized for the formation of the peripheral road.

¶49

(c) The aforesaid exercise shall be done on

¶50

25.01.2025 . The petitioner and the proposed respondents shall make themselves available at the time of conducting survey by the respondent -BDA, without any further notice.

¶51

(d) Respondent -BDA is directed to consider

¶52

the representation dated 07.12.2022 made by the petitioner as per Annexure-G in accordance with law and pass appropriate orders as expeditiously as possible.

¶53

(e) The respondent Nos. 2 and 3 are also at liberty to make such representation and seek

¶54