Writ Petition No. 2757 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:4764 WP No. 2757 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 2757 OF 2025 (LA-BDA) BETWEEN: 1. SMT. VENKATALAKSHMI W/O. SHANKARAPPA B.T AGED ABOUT 49 YEARS, R/AT NO.94, NEAR SHANIMAHATMA TEMPLE SKANDA NAGARA KODIGEHALLI, BANGALORE NORTH TALUK - 560 091. 2. MS NALINA D/O. KRISHNAPPA, AGED ABOUT 37 YEARS, R/AT SKANDANAGAR, KODIGEHALLI, BANGALORE NORTH TALUK - 560 091. Digitally signed by SUMA B N Location: High Court of Karnataka 3. SMT B. HARI LAKSHMI D/O. BALAIAH NAIDU AGED ABOUT 50 YEARS R/AT NO.18, 17TH CROSS, 4TH BLOCK, 4TH STAGE, BASAVAVESHWARANAGAR, BANGALORE - 560 079.
Legal Reasoning
Bench of this Court in the said judgment. - 11 - NC: 2025:KHC:4764 WP No. 2757 of 2025 4. In view of the above, petition is disposed of, reserving similar liberty to the petitioners and the respondent- BDA shall consider the representation in accordance with law and in the light of the observation made by the Division Bench of this Court dated 22.02.2024 in W.A.No.1783/2014 and other connected matters. 5. Respondent-Authorities shall not take any precipitative action until consideration of the representation as directed herein above. SD/- (M.G.S. KAMAL) JUDGE PK List No.: 1 Sl No.: 21 CT: BHK
Arguments
4. SMT. YASHODHA H.R W/O. RAJANNA B.J AGED ABOUT 44 YEARS R/AT CHIKKAGOLLARAHATTI KACHOHALLI, LAKSHMIPURA BANGALORE - 562 123. 5. SMT. KAVALAMMA W/O. SIDDAPPA - 2 - NC: 2025:KHC:4764 WP No. 2757 of 2025 AGED ABOUT 65 YEARS R/AT NO. 114, NEAR SHANIMAHATMA TEMPLE KODIGEHALLI, BANGALORE NORTH TALUK - 560 091. 6. SRI. SRINIVAS MURTHY H.V S/O. VENKATESH AGED ABOUT 41 YEARS R/AT NO.12, NEAR SHANIMAHATMA TEMPLE, SKANDA NAGAR, KODIGEHALLI, BANGALORE - 560 091. 7. SRI. ARAVIND JAYARAM S/O. JAYARAM B.H AGED ABOUT 35 YEARS, R/AT NO.5, SUPRABHATHA BESIDES BRINDAVAN APARTMENTS, UTTARAHALLI MAIN ROAD, BANGALORE - 560 061. 8. SMT. REKHA K W/O. MOHAN KUMAR R AGED ABOUT 42 YEARS R/AT.NO 3845, 4TH CROSS, 2ND MAIN, GAYATHRI NAGAR, BANGALORE NORTH, SRIRAMPURAM - 560 021. 9. SRI. MURALI M.H, S/O. HONAPPA AGED ABOUT 43 YEARS R/AT. NO 22, 5TH CROSS ROAD, 3RD MAIN ROAD, AREHALLI SRINIVASA COLONY, BANGALORE SOUTH, SUBRAMANYAPURA - 560 061. 10. SRI. KEMPARAJU D S/O DODDAPUTTEGOWDA AGED ABOUT 38 YEARS R/AT. NO 5, 8TH CROSS, MAHADESHWARANAGAR, HEROHALLI CROSS, VTC BANGALORE NORTH - 560 091. - 3 - NC: 2025:KHC:4764 WP No. 2757 of 2025 11. SRI. UMESH N S/O. NANJEGOWDA AGED ABOUT 43 YEARS R/AT NO.115, KANNALLI K JOSAHALLI, KODIGEHALLI POST YESHWANTHAPURA HOBLI BANGALORE - 560 091. 12. SMT. NALINI H W/O. JAYARAM, AGED ABOUT 52 YEARS, R/AT. NO 22, 2ND CROSS, NEAR SHANKAR NAG CIRCLE, SRINIVASANAGAR, BANGALORE SOUTH - 560 019. 13. SRI. VINAYA KUMAR P.M S/O LATE. PM BHAT, AGED ABOUT 43 YEARS 175, BEHIND SHANKAR MUTT, VHBCS LAYOUT, MAHALAKSHMIPURAM, BENGALURU 560 086. 14. SMT. MAHALAKSHMAMMA W/O H V VENKATARAMAIAH AGED ABOUT 53 YEARS R/AT. NO 53/3P SKANDA NAGARA, KODIGEHALLI, BANGALORE NORTH - 560 091. 15. SMT. CHANDRIKA B C, W/O DEVARAJU M B, AGED ABOUT 37 YEARS, R/AT. NO 36, 2ND MAIN ROAD, MANJUNATHA NAGAR, ITTAMADU, HOSAKEREHALLI, BANGALORE SOUTH - 560 085. 16. SMT. SHARADAMMA C/O RANGASWAMAIAH G AGED ABOUT 62 YEARS R/AT. NO. 431, 11TH CROSS, 4TH BLOCK, D GROUP LAYOUT, - 4 - NC: 2025:KHC:4764 WP No. 2757 of 2025 ANDRAHALLI MAIN ROAD, LINGADEERANAHALLI, BANGALORE NORTH - 560 091. 17. SRI. SIDARAJU S S/O SHIVARAJU AGED ABOUT 31 YEARS, R/AT NO. 454, 12TH CROSS, SRINIVASAPURA COLONY, NEAR OMKAR HILLS TEMPLE, KENGERI POST, BANGALORE SOUTH TALUK - 560 060. 18. SRI. GANGAHONNAIAH S/O LATE KAPANAIAH AGED ABOUT 55 YEARS KUNIGAL TALUK, HUTRIDURGA, SEEGEPALYA, IPPADI, TUMKUR, KARNATAKA - 572 126 19. SMT. PARVATHAMMA W/O NAGARAJ AGED ABOUT 64 YEARS R/A 2 CROSS, TK ROAD, NEW KODIHALLI, BHADRAVATHI, SHIMOGA, KARNATAKA - 577 301. 20. SMT. VASANTHA W/O CHIKKAHUCHAIAH AGED ABOUT 48 YEARS, R/A NO.78/1, VENKATADRI APARTMENT, 2ND MAIN, 1ST CROSS, ITI LAYOUT, BSK 3D STAGE, BANGALORE - 560 085. 21. HEMA S W/O SHIVARAJA H N. AGED ABOUT 36 YEARS R/A, NO- 83 KRISHNAPPA LAYOUT, HOSAKEREHALLI MAIN ROAD, BSK III STAGE, BANGALORE - 560 098 - 5 - NC: 2025:KHC:4764 WP No. 2757 of 2025 22. REKHA W/O VEERESH, AGED ABOUT 37 YEARS R/A, NO. 36 5TH MAIN, VRUSHABHAVTHINAGAR KAMAKSHIPALYA, BANGALORE - 560 079. 23. SRI. GURUMURTHY S/O GURUVAPPA, AGED ABOUT 42 YEARS R/A NO.8, 4TH CROSS, VIVEKANANDA NAGAR, KATHRIGUPPE, BANGALORE SOUTH, BSK 3rd STAGE, BANGALORE - 560 083. 24. SMT. NAGARATHNA SK W/O THAMMAIAH N AGED ABOUT 48 YEARS 20/A NAGRAJ BUILDING ASHRAMA ROAD KANAKAPURA MAIN ROAD YELACHENAHALLI, BANGALORE - 78. 25. SRI. JAYARAM K S/O KEMPAIAH AGED ABOUT 50 YEARS R/AT. NO 105, CII IQ ROAD, JADEMUNESHWARA TEMPLE, MUNESHWARA LAYOUT, BHARATH NAGAR, 2ND STAGE, BYADRAHALLI, BANGALORE NORTH - 560 091. 26. SMT HONNAMMA W/O MAHADEVA AGED ABOUT 54 YEARS R/AT NO. 43, GANGONDANAHALLI MAIN ROAD NEAR SIDHRA SCHOOL, - 6 - NC: 2025:KHC:4764 WP No. 2757 of 2025 INDIRA NAGARA DODDABIDARAKALLU, BANGALORE NORTH - 560 073. 27. BHAGYAMMA W/O SOMASHEKAR AGED ABOUT 48 YEARS NO 44, 1ST C MAIN, 1 ST CROSS, ITTAMADU, BSK 3RD STAGE, BANGALORE - 560 085. 28. SMT. CHANDRAMMA W/O NAGARAJ AGED ABOUT 48 YEARS R/A NO. 21, MAGADI MAIN ROAD, KODIGEHALLI, SKANDANAGARA BANGALORE NORTH TALUK - 560 092. 29. SMT. GOWRAMMA W/O PUTTASWAMY AGED ABOUT 56 YEARS, R/A JOGI KOPPALU VILLAGE KOWDLEY, MADDUR, KARNATAKA - 571 425. VENKATASWAMAPPA SINCE DECEASED BY HIS LRS 30. SRINIVAS S/O LATE VENKATASWAMAPPA R/AT NO. 216, 3RD CROSS, MARUTHI NAGAR, ITTAMADU, BANGALORE SOUTH - 560 085. 31. SMT. MAHALAKSHMI W/O N. NARASIMHAIAH AGED ABOUT 60 YEARS, NO. 71, 12TH MAIN ROAD, 5TH CROSS, RAGHAVENDRA BLOCK, SRINAGAR, BANGALORE - 560 050. - 7 - NC: 2025:KHC:4764 WP No. 2757 of 2025 SMT KEMPAMMA SINCE DECEASED BY HER LR 32. SRI B.M. RAMESHA S/O MAYANNA AGED ABOUT 48 YEARS NO. 351, 1ST B CROSS, KALAPPA BLOCK, SRINAGARA, BANGALORE - 560 050. 33. VENKTAGIRIYAPPA REP PRESENTED BY HIS SON SATISH V S/O VENKATAGIRIYAPPA AGED ABOUT 43 YEARS R/AT. NO. 18, 2ND A MAIN ASHWATHAKATTE ROAD, ITTAMADU, BANGALORE SOUTH - 560 085 34. SMT. CHIKKATHAYAMMA (SURVEY NO.107) W/O M GIRIYAPPA AGED ABOUT 65 YEARS, R/A NO.48/2, 4TH G CROSS SANNAKKI BAYALU, KAMAKSHIPALYA, BANGALORE NORTH - 560 079 SMT. NARASAMMA SINCE DECEASED REP BY HER HUSBAND 35. N SHANKAR, S/O LINGAIAH, AGED ABOUT 64 YEARS, R/A NO.22 1ST MAIN ROAD, HARSHA CHAKRAVARTHI ROAD, LAKSHMIPURA, BANGALORE SOUTH - 560 019. 36. SMT. HONNAMMA H S/O SIDDAPPA M R/O NO. 84, 7TH CROSS ITTAMADU MARUTHI NAGAR, BSK 3RD STAGE BANGALORE - 560 085. - 8 - NC: 2025:KHC:4764 WP No. 2757 of 2025 37. RATHNAMMA W/O MAYANNA, AGED ABOUT 59 YEARS, R/O NO.538/3, 4TH MAIN ROAD, BRAHJMAPUTRANADI ROAD, SRINAGAR, BANGALORE - 560 019. 38. SMT. SOUBHAGYA W/O SWAMY AGED 40 YEARS, R/O A.K.COLONY, SIDDARTHA LAYOUT, OPP STC BANK, KATTRIGUPPE, BANGALORE - 560 085. (BY SMT. MAMATA GURURAO KULKARNI, ADVOCATE) …PETITIONERS AND: 1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY TO HOUSING AND URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T.CHOWDAIAH ROAD, BENGALURU - 560 020. 3. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU - 560 020. (BY SRI. AJAY KUMAR M, ADVOCATE) …RESPONDENTS - 9 - NC: 2025:KHC:4764 WP No. 2757 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE CLAIM OF THE PETITIONERS BY SPEAKING ORDER IN THE LIGHT OF THE RESOLUTION DATED 18.04.2017 A COPY OF WHICH IS PRODUCED AT ANNX- B BEARING NO.98/2015 AND IN TERMS OF THE ORDER PASSED BY THIS HONBLE COURT VIDE ANNX-D, COPY OF THE ORDER ON 4.03.2022 PASSED BY THIS HONBLE COURT IN WP 7522/2020 ANNX-E, COPY OF THE ORDER PASSED ON 29.09.2021 IN WP 17835/2021 ANNX-F COPY OF ORDER PASSED ON 20.03.2024 IN WP 26196/2023 AND ANNX-G COPY OF THE ORDER PASSED IN WP 36017/2024 DATED 13.01.2025 IN THE INTERESTS OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER The petitioners are the purchasers of revenue sites forming part of land bearing Sy.Nos.53, 53/6P, 53/3P and 107 of Kodigehalli Village and Kannahalli, Yeshwanthpur Hobli, Bengaluru North Taluk, which was acquired in terms of the Preliminary Notification of the year 2008 and Final Notification of the year 2010, issued by respondent-BDA for the formation of Nadaprabhu Kempegowda Layout. - 10 - NC: 2025:KHC:4764 WP No. 2757 of 2025 2. Learned counsel for the petitioners submits that, the subject matter of this petition is covered by the order passed by the Co-ordinate Bench of this Court, as well as by this Court, wherein, the persons who were similarly situated as that of the petitioners herein, were given liberty to approach the respondent-BDA, seeking relief as per the direction issued by the Division Bench of this Court in its order dated 22.02.2024 in WA.No.1783/2014 and others connected matters. Hence, the petitioners may also be given similar liberty. Learned counsel for the respondent does not dispute the same. 3. This Court by order dated 13.01.2025, passed in WP.No.36017/2024, taking note of the order passed by the Division Bench of this Court dated 22.02.2024 in W.A.No.1783/2014 and other connected matters had reserved liberty to the petitioners to file an application as directed therein and the BDA was directed to consider the same keeping in mind the observation and directions issued by the Division