SRI. C.D. BABU v. THE COMMISSIONER
Case at a glance
Outcome
Disposed of
The petition is disposed of with a direction to the
Provisions considered
- Constitution of India arts. 226, 227
Key paragraphs
- Para 66. The petition is disposed of with a direction to the respondents - BDA to conduct an enquiry as contemplated under Section 38D of the Bangalore Development Authority Act, 1976, upon the applications/representations submitted by the petitioners as per Annexures - H and H1. The…
Judgment
1. SRI. C.D. BABU S/O CHINNABASAIAH, AGED ABOUT 55 YEARS, R/AT NO.18, SRI BASAVESHWARA, 1ST MAIN ROAD, HBCS LAYOUT, VIJAYANAGAR, BENGALURU-560 040.
2. SRI. BOREGOWDA, S/O CHIKKALINGAIAH, AGE ABOUT 44 YEARS, R/AT NO.30, 3RD CROSS, SHIVANANDANAGARA, MUDALAPALYA, BENGALURU-560 072. (BY SRI. SUNDARESH H.C., ADVOCATE) AND:
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020.
THE SPECIAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU- 560 020. (BY SRI. MANJUNATH M., ADVOCATE) …PETITIONERS …RESPONDENTS Digitally signed by NANDINI R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7584 WP No. 4858 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONERS DATED 19.10.2022 AND 24.08.2023 AS PER ANNEXURE-H AND H1 RESPECTIVELY, FOR REGULARIZATION OF THE PROPERTY BEARING NO.38/2, KHATHA NO.816, ASSESSMENT NO.38/2 SITUATED AT KARIYAPPANAPALYA VILLAGE, THURAHALLI DAKALE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK COMES WITHIN THE JURISDICTION OF BBMP WARD NO. 184, MEASURING EAST TO WEST: (105-95)/2 FT : NORTH TO SOUTH: (60+55)/2 FT., TOTALLY 5750 SQ.FT WITH A CONSTRUCTED R.C.C HOUSE FORMED IN SY.NO. 38/2 OF THURAHALLI VILLAGE, UTHRALLI HOBLI, BENGALURU SOUTH TALUK, PURSUANT TO SALE DEED DATED
22.12.2022 AS PER ANNEXURE-A AND ALSO AS PER THE ORDER PASSED BY THIS HON’BLE COURT IN W.P.NO.46520/2016 DATED
18.04.2023 AS PER ANNEXURE-J. 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 claimed to be the absolute owners in possession of the house property bearing No.38/2, Khatha Noi.816, assessment No.38/2 situated at Kariyappanapalya village, Thurahalli Dakale, Uttarahalli Hobli, Bengaluru South Taluk, coming within the jurisdiction of BBMP Ward No.184, - 3 - NC: 2025:KHC:7584 WP No. 4858 of 2025 measuring east to west : (105-95)/2 ft, north to south : (60+55)/2 ft, totally measuring 5750 sq. ft. together with a residential house having RCC roof, electricity supply with all civic amenities, having purchased the same from the previous owners in terms of deed of sale dated 22.12.2022.
2. The land in Sy.No.38/2 of which, the aforesaid property forms part of, was subject matter of acquisition initiated and completed by the respondents - BDA for the purpose of formation of Banashankari VI Stage layout as per the final notification dated 23.08.2001. The petitioners' case is that they have made applications under Section 38D of the Bangalore Development Authority Act, 1976 seeking regularization of their occupation in the said property, which has not been considered till date.
Learned counsel for the petitioners submits that if a direction is issued to the respondents - BDA to consider the representations in the manner known to law, the purpose of petition would be served.
Learned counsel for the respondents - BDA on the other hand submitted that the petitioners are the subsequent - 4 - NC: 2025:KHC:7584 WP No. 4858 of 2025 purchasers long after the completion of acquisition. As such, unless they establish their entitlement, consideration of applications/representations under Section 38D of Bangalore Development Act, 1976 would not arise. However, he submits that an enquiry as contemplated under Section 38D would be conducted and if the petitioners found eligible, appropriate orders would be passed in accordance with law.
The aforesaid submission is taken on record.
Operative part
The petition is disposed of with a direction to the respondents - BDA to conduct an enquiry as contemplated under Section 38D of the Bangalore Development Authority Act, 1976, upon the applications/representations submitted by the petitioners as per Annexures - H and H1. The petitioners are also at liberty to make additional representation and file additional documents, if any. Enquiry shall be conducted after affording sufficient opportunity the petitioners as contemplated under Section 38D of the Bangalore Development Authority Act, 1976 and appropriate orders shall be passed, in accordance with law, within an outer limit of four months from the date of receipt of certified copy of this order. - 5 - NC: 2025:KHC:7584 WP No. 4858 of 2025
Sri. Manjunath M, learned counsel for respondent Nos.1 and 2 is permitted to file vakalath within a period of one week. Sd/- (M.G.S. KAMAL) JUDGE PMR List No.: 1 Sl No.: 18
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition is disposed of with a direction to the
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.