Writ Petition No. 24125 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:9918-DB WP No. 24125 of 2024 C/W WP No. 20079 of 2024 WP No. 23445 of 2024 AND 1 OTHER IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 24125 OF 2024 (LA-BDA) C/W WRIT PETITION NO. 20079 OF 2024 (LA-BDA) WRIT PETITION NO. 23445 OF 2024 (LA-BDA) WRIT PETITION NO. 30017 OF 2024 (LA-BDA) Digitally signed by NAGAVENI Location: High Court of Karnataka IN WP No. 24125/2024 BETWEEN: 1. SRI. VISHWAS HITTALMANI, AGED ABOUT 65 YEARS, SON OF MR. V.C. HITTALMANI, RESIDING AT NO.3, CHIRANJIVI LAYOUT, KEMPAPURA, VTC HEBBAL VILLAGE, BENGALURU - 560 024. AADHAAR NO.2443 7880 0981.
Legal Reasoning
2. SRI. CHANDRA. C.M, AGED ABOUT 34 YEARS, SON OF SRI. CHIKKA MUNIYAPPA, RESIDING AT NO.65, 3RD CROSS, SWIMMING POOL EXTENSION, MALLESWARAM, - 2 - NC: 2025:KHC:9918-DB WP No. 24125 of 2024 C/W WP No. 20079 of 2024 WP No. 23445 of 2024 AND 1 OTHER BENGALURU - 560 003. AADHAAR NO.9915 3845 4429. 3. SRI. VARUN PATIL, AGED ABOUT 38 YEARS, SON OF DR. HEMARADDI AND DR. SUREKA. N. PATIL, RESIDING AT NO.M-15, 3RD MAIN, 6TH CROSS, JAYAMAHAL EXTENTION, BANGALORE - 560 046. AADHAAR NO.752232063628. REPRESENTED BY HIS POWER OF ATTORNEY HOLDER [REGD. GPA DATED 04.01.2021 DR. SUREKA. N. PATIL]. 4. DR. SUKUMAR R. RAO, AGED ABOUT 58 YEARS, SON OF SRI. B. RAMAKRISHNA RAO, RESIDING AT NO.5A, KALINGA COLONY, P.T RAJAN ROAD, KALAIGNAR KARUNANIDHI NAGAR, CHENNAI - 600 078. AADHAR NO.607 8914 88612. 5. SMT. K.S. POORNIMA, AGED ABOUT 50 YEARS, WIFE OF SRI. M.D.PURUSHOTHAMA, RESIDING AT NO.489, 7TH CROSS, NEAR POST OFFICE, MAHALAKSHMI LAYOUT, BENGALURU - 560 086. AADHAAR NO.8177 7234 3366. - 3 - NC: 2025:KHC:9918-DB WP No. 24125 of 2024 C/W WP No. 20079 of 2024 WP No. 23445 of 2024 AND 1 OTHER 6. SRI. V.D VENKATESH, AGED ABOUT 63 YEARS, SON OF LATE V.N DORESWAMY NAIDU, AADHAAR NO.2532 9475 4555. 7. SRI. BHARATH V., SON OF SRI. V.D VENKATESH, AGED ABOUT 38 YEARS, AADHAAR NO.3486 8528 6734. PETITIONERS 6 AND 7 ARE RESIDING AT NO.2750/3, 12TH MAIN ROAD, E BLOCK, RAJAJI NAGAR, 2ND STAGE, BENGALURU - 560 010. (BY SRI. C. SHANKAR REDDY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, DR. AMBEDKAR VEEDHI, VIKASA SOUDHA, BENGALURU - 560 001. REPRESENTED BY ITS SECRETARY. …PETITIONERS 2. THE BENGALURU DEVELOPMENT AUTHORITY, NO.20, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. REPRESENTED BY ITS COMMISSIONER. 3. THE SPECIAL LAND ACQUISITION OFFICER-2, THE BENGALURU DEVELOPMENT AUTHORITY, - 4 - NC: 2025:KHC:9918-DB WP No. 24125 of 2024 C/W WP No. 20079 of 2024 WP No. 23445 of 2024 AND 1 OTHER NO.20, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. …RESPONDENTS (BY SRI.SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE FOR R2 AND 3; SRI.ADITYA VIKRAM BHAT, AGA FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FINAL NOTIFICATION DATED 30.10.2018 ISSUED BY THE RESPONDENTS UNDER SECTION 17(5) OF THE BENGALURU DEVELOPMENT ACT, 1976 IN NO.UDD/553/MNX/2018, VIDE ANNEXURE-MM TO THE WP IN SO FAR AS IT RELATES TO THE WP SCHEDULE PROPERTY ITEM NO.1 TO 7 OF THE PETITIONERS ARE CONCERNED AND ETC., IN WP NO. 20079/2024 BETWEEN: 1. SRI. M. SETHUMADHAVAN, AGED ABOUT 55 YEARS, SON OF SRI. G.MAHADEVAN, RESIDING AT FLAT NO.204, SHALIMAR SUMMIT, 1ST A MAIN ROAD, CHINNANNA LAYOUT, NEAR NEW KEB OFFICE, KAVALBYRASANDRA, BENGALURU - 560 032. AADHAAR NO.4085 7055 7351. 2. SRI. M.B. YOGEESHAPPA, AGED ABOUT 53 YEARS, SON OF SRI.BASAPPA, - 5 - NC: 2025:KHC:9918-DB WP No. 24125 of 2024 C/W WP No. 20079 of 2024 WP No. 23445 of 2024 AND 1 OTHER R/AT NO.554/1, BEML LAYOUT, 5TH STAGE, RAJARAJESHWARI NAGAR, SACHIDANANDA NAGAR, BENGALURU - 560 098. AADHAAR NO.8738 6242 2404. 3. SRI.THIYAGARAJAN RAJA @ T.RAJA, SON OF LATE THYAGARAJAN P, AGED ABOUT 49 YEARS, RESIDING AT NO.4 AND 4A, S NO.387-6, 2ND STREET, GOVINDAPPA NAICKEN STREET, MADURAVOYAL, TIRUVALLUR, TAMIL NADU - 600 095. AADHAAR NO.3794 4803 1161. 4. SRI. KARTHIGEYAN. S, AGED ABOUT 52 YEARS, SON OF SRI. V.R. SUBRAMANIAN, R/AT NO.90/1, 4TH MAIN ROAD, NEW B.E.L. ROAD, NEAR FOOT MATE SHOP, R.M.V EXTENSION, 2ND STAGE, DEVASANDRA, BENGALURU - 560 094. AADHAAR NO.7251 7357 0588. 5. SRL. S.K CHENDIL KUMAR, AGED ABOUT 53 YEARS, SON OF SRI. V.R. SUBRAMANIAN, RESIDING AT NO.90, 4TH MAIN ROAD, NEW B.E.L ROAD, NEAR FOOT MATE, R.M.V EXTENSION, 2ND STAGE, DEVASANDRA, - 6 - NC: 2025:KHC:9918-DB WP No. 24125 of 2024 C/W WP No. 20079 of 2024 WP No. 23445 of 2024 AND 1 OTHER BENGALURU - 560 094. AADHAAR NO.4543 7701 7803. 6. SRI. DEVARAJAN P, AGED ABOUT 48 YEARS, SON OF T.A PARAMASIVAM, FLAT NO.203, SMC RESIDENCY 158, 13TH CROSS, NEAR MARIYAMMA TEMPLE, KODIGEHALLI, VIRUPAKSHAPURA, VIDYARANYAPURA, BENGALURU - 560 097. AADHAAR NO.6734 7641 1759. 7. SRI. SYED AYUB PASHA, AGED ABOUT 49 YEARS, SON OF SRI SYED YOUSUFF, RESIDING AT NO.42, 2ND FLOOR, 12TH CROSS, KANAKA NAGAR MADINA MASJID, BENGALURU - 560 032. AADHAAR NO.4601 7091 9412. 8. SRI. OM PRASANNA KUMARA D.N, AGED ABOUT 45 YEARS, SON OF SRI. NANJE GOWDA S, RESIDING AT NO.1639, 10TH CROSS, NEAR PIPELINE ROAD, KALYAN NAGAR, T. DASARAHALLI, BENGALURU - 560 057. AADHAAR NO.4079 7919 9597. 9. SRI. GURAYYA TUMMARAMATH, AGED ABOUT 53 YEARS, SON OF SRI. IRAYYA TUMMARAMATH, RESIDING AT NO.3, - 7 - NC: 2025:KHC:9918-DB WP No. 24125 of 2024 C/W WP No. 20079 of 2024 WP No. 23445 of 2024 AND 1 OTHER 3RD MAIN ROAD, 5TH CROSS ROAD, SHARADAMBA TEMPLE STREET, SHARADAMBA NAGAR, JALAHALLI, BENGALURU - 560 013. AADHAAR NO. 6255 9753 1586. 10. SRI. J. DHANDAYUTHAPANI, AGED ABOUT 49 YEARS, SON OF SRI. R. JAWAHARLAL, R/AT NO.6b-403, PLAZA PRISTINE ACRES, PHASE-1, NOOKAMPALAYAM MAIN ROAD, CHENNAI PERUMBAKKAM, KANCHEEPURAM MEDAVAKKAM, TAMIL NADU - 600 100. AADHAAR NO.6494 4360 0078. ...PETITIONERS (BY SRI. C. SHANKAR REDDY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, DR. AMBEDKAR VEEDHI, VIKASA SOUDHA, BENGALURU - 56001. REPRESENTED BY ITS SECRETARY. 2. THE BENGALURU DEVELOPMENT AUTHORITY, NO.20, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. REPRESENTED BY ITS COMMISSIONER. 3. THE SPECIAL LAND ACQUISITION OFFICER-2, THE BENGALURU DEVELOPMENT AUTHORITY, NO.20, T. CHOWDAIAH ROAD, - 8 - NC: 2025:KHC:9918-DB WP No. 24125 of 2024 C/W WP No. 20079 of 2024 WP No. 23445 of 2024 AND 1 OTHER KUMARA PARK WEST, BENGALURU - 560 020. (BY SRI.SHIVAPRASAD SHANTANAGOUDA, ADVOCATE FOR THE R2 AND R3; SRI.ADITYA VIKRAM BHAT, AGA FOR R1) ...RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FINAL NOTIFICATION DATED THE RESPONDENTS UNDER SECTION 17(5) OF THE BENGALURU DEVELOPMENT ACT, 1976 IN NO.UDD/553/MNX/2018 VIDE ANNXURE EEE TO THE WRIT PETITION IN SO FAR AS IT RELATES TO THE WRIT PETITION SCHEDULE PROPERTY ITEM NO.1 TO 10 OF THE PETITIONERS ARE CONCERNED AND ETC., ISSUED BY 30.10.2018 IN WP NO. 23445/2024 BETWEEN: 1. SRI. MUHAMMED FASIL P.H., AGED ABOUT 38 YEARS, SON OF SRI. HASSAN KUTTY, RESIDING AT NO.41 A, 'HANUMAN LAYOUT', RAMACHANDRAPURA, JALAHALLI, BENGALURU - 560 013. AADHAAR NO.803080950891. 2. SRI. AMARNATH TEWARI, AGED ABOUT 56 YEARS, SON OF SRI. HARE RAM TEWARI, RESIDING AT NO.C-87, BEL COLONY, BEHIND BEL COLONY, JALAHALLI, BENGALURU - 560 013. - 9 - NC: 2025:KHC:9918-DB WP No. 24125 of 2024 C/W WP No. 20079 of 2024 WP No. 23445 of 2024 AND 1 OTHER AADHAAR NO.4515 3755 6118. 3. SMT. JAYASHREE N.C. AIL AGED ABOUT 65 YEARS, WIFE OF SRI. NAVEEN CHANDRAN, RESIDING AT FLAT NO.402, PUSHPA RUPA, ACHARYA NAGAR, EKOOR MANGALORE BAJAL, DAKSHINA KANNADA, MANGALORE - 575 027. AADHAAR NO.6232 1644 5813. 4. SMT. PINKI KUMARI, AGED ABOUT 40 YEARS, WIFE OF SUSHIL KUMAR, R/AT A-87, GONIANA ROAD, KARTAR COLONY, BATHINDA, PUNJAB - 151 003. AADHAAR NO.695033035826. 5. SMT. M. SARASWATHY, AGED ABOUT 34 YEARS, WIFE OF MR.D.R MURALIDHARAN, AADHAAR NO.65009 6445 1186. 6. MR. D.R. MURALIDHARAN, AGED ABOUT 40 YEARS, SON OF SRI. LATE D.A.RATHNAM, RESIDING AT B-1802, GUNDECHA ALTURA APARTMENT, L.B.S MARG, OPP. ST. XAVIER SCHOOL KANJUR, MARG (WEST), MUMBAI - 400 078. - 10 - NC: 2025:KHC:9918-DB WP No. 24125 of 2024 C/W WP No. 20079 of 2024 WP No. 23445 of 2024 AND 1 OTHER 7. SRI. B.N. KUMARAPPA, AGED ABOUT 58 YEARS, SON OF LATE NANJAPPA SETTY S.N, RESIDING AT NO.6 AND 7, GROUND FLOOR, 4TH CROSS, ANAND COUNTY, ABBIGERE, BENGALURU - 560 090. AADHAAR NO.8835 2413 6212. 8. SMT. LAKSHMI ANANTHA, AGED ABOUT 57 YEARS, WIFE OF SRI. K.H ANANTHA, RESIDING AT NO.007, NAVE NEETHA BALAKRISHNA NILAYA, 13TH CROSS, OPP. CANARA BANK, AGB LAYOUT, CHIKKALSANDRA, BENGALURU - 560 080. AADHAAR NO.621657684186. (BY SRI. C SHANKAR REDDY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, DR. AMBEDKAR VEEDHI, VIKASA SOUDHA, BENGALURU - 56001. REPRESENTED BY ITS SECRETARY. ...PETITIONERS 2. THE BENGALURU DEVELOPMENT AUTHORITY, NO.20, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. REPRESENTED BY ITS COMMISSIONER. - 11 - NC: 2025:KHC:9918-DB WP No. 24125 of 2024 C/W WP No. 20079 of 2024 WP No. 23445 of 2024 AND 1 OTHER 3. THE SPECIAL LAND ACQUISITION OFFICER-2, THE BENGALURU DEVELOPMENT AUTHORITY, NO.20, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. ...RESPONDENTS (BY SRI.SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE FOR R2 AND 3; SRI.ADITYA VIKRAM BHAT, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FINAL NOTIFICATION DATED 30.10.2018 RELEVANT PAGE - 358 ISSUED BY THE RESPONDENTS UNDER SECTION 17(5) OF THE BENGALURU DEVELOPMENT ACT 1976 IN NO.UDD/533/MNX/2018 VIDE ANNEXURE - VV TO THE WP IN SO FAR AS IT RELATES TO THE WP SCHEDULE PROPERTY ITEM NO-1 TO 9 OF THE PETITIONERS ARE CONCERNED AND ETC., IN WP NO. 30017/2024 BETWEEN: 1. SRI. KIRAN KUMAR KRISHNAMURTHY, AGED ABOUT 47 YEARS, SON OF SRI. KRISHNAMURTHY K.S, R/AT FLAT NO.G.F.2, AJANTHA SPRINGS, 81, H ROAD, 12TH CROSS, NEAR NIMISHAMBA TEMPLE, IDEAL HOMES, RAJA RAJESHWARINAGAR, BENGALURU - 560 098. AADHAAR NO.970189312411. 2. SRI. SOMASHEKARA, AGED ABOUT 53 YEARS, SON OF SRI.SHIVANNA P, - 12 - NC: 2025:KHC:9918-DB WP No. 24125 of 2024 C/W WP No. 20079 of 2024 WP No. 23445 of 2024 AND 1 OTHER R/AT NO.17, MEDI AGRAHARA, YELAHANKA HOBLI, VIDYARANYAPURA, BENGALURU - 560 097. AADHAAR NO.6601 4394 0100. 3. SRI. G. PRAVEEN, SON OF SRI. G. VENKATESULU NAIDU, AGED ABOUT 44 YEARS, R/AT NO.9, 6TH CROSS, SBM LAYOUT, BRINDAVAN NAGAR, MATHIKERE, BENGALURU - 560 054. AADHAAR NO.329310295577. ...PETITIONERS (BY SRI. C. SHANKAR REDDY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, DR. AMBEDKAR VEEDHI, VIKASA SOUDHA, BENGALURU - 56001. REPRESENTED BY ITS SECRETARY. 2. THE BENGALURU DEVELOPMENT AUTHORITY, NO.20, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. REPRESENTED BY ITS COMMISSIONER. 3. THE SPECIAL LAND ACQUISITION OFFICER-2, THE BENGALURU DEVELOPMENT AUTHORITY, NO.20, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020. - 13 - NC: 2025:KHC:9918-DB WP No. 24125 of 2024 C/W WP No. 20079 of 2024 WP No. 23445 of 2024 AND 1 OTHER ...RESPONDENTS (BY SRI.SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE FOR R2 AND R3; SRI.ADITYA VIKRAM BHAT, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE FINAL NOTIFICATION DATED 30.10.2018 ISSUED BY THE RESPONDENTS UNDER SECTION 17(5) OF THE BENGALURU No. UDD/553/MNX/2018, VIDE ANNEXURE DD TO THE WRIT PETITION IT SO FAR AS IT RELATES TO THE WRIT PETITION PETITIONERS ARE SCHEDULE CONCERNED AND ETC., PROPERTIES OF DEVELOPMENT 1976 ACT, THE IN THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER (PER: HON'BLE MR JUSTICE M.NAGAPRASANNA) The petitioners in all these cases are said to be the holders of revenue sites most of which are lying vacant. 2. Learned counsel appearing for the petitioners submits that in four of the properties, there are certain structures put up and barring this, the lands are largely vacant. - 14 - NC: 2025:KHC:9918-DB WP No. 24125 of 2024 C/W WP No. 20079 of 2024 WP No. 23445 of 2024 AND 1 OTHER 3. The submission of the learned counsel appearing for the petitioners is that the layout to be formed by these petitioners are said to be integrated into the layout that is formed by the BDA. 4. Since the petitioners are revenue site holders, the petitioners have to approach the V.G. Bopaiah Committee which is so constituted to consider the grievance of the revenue site holders like the petitioners. 5. In that light, we deem it appropriate to direct the petitioners to submit their applications/representations with all their grievances that they have projected before this Court to put forth before the said Committee and if the representations/applications is filed before the Committee, as observed hereinabove, within one week from the date of receipt of a copy of this order, the Committee shall consider the grievances of the petitioners like it considers the others and pass necessary orders, in accordance with law. 6. Till the decision is taken by the Committee and communicated to the petitioners about the result of such - 15 - NC: 2025:KHC:9918-DB WP No. 24125 of 2024 C/W WP No. 20079 of 2024 WP No. 23445 of 2024 AND 1 OTHER representations/applications, status-quo be maintained by the parties with regard to structures, if any, in the properties. With the aforesaid observations, these petitions stand disposed. Ordered accordingly. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 27