Writ Petition No. 22086 of 2022 · The High Court
Case Details
- 1 - NC: 2025:KHC:1618 WP No. 22086 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 22086 OF 2022 (LA-BDA) BETWEEN: 1. SRI. B.K. RAMESH S/O LATE K. BALACHANDRA AGED ABOUT 64 YEARS, RESIDING AT NO.169, 7TH MAIN, 4TH CROSS, NAGENDRA BLOCK, BANASHANKARI BENGALURU-560 050. 2. SRI. MUKUNDA RAO, S/O NARASOJI RAO, AGED 75 YEARS, RESIDING AT NO.304, A-2 BLOCK, RIJEO APARTMENTS, AIRPORT ROAD, BENGLAURU-560 017.
Legal Reasoning
the judgment passed by this Court in Junjamma and others, referred supra, the petitioners were required to have registered themselves as applicants within a period of three months from the date of the said judgment. Further, he submits that in terms of the instructions issued by the State Government, any application filed subsequent to the year 2014 cannot be accepted. Thus, he submits that representations at this belated stage cannot be considered. 4. Learned counsel for the petitioners however insists that liberty be reserved to the petitioners to make representations both to respondent Nos.2 and 3 - BDA as well as to respondent No.1 - State Government with a direction to - 8 - NC: 2025:KHC:1618 WP No. 22086 of 2022 consider the same in view of the fact that the petitioners are in large numbers and they had purchased the sites prior to the acquisition and that mere ignorance of the petitioners should not be a ground to deprive them of their entitlement. 5. The submission of the learned counsel for the petitioners is taken on record. 6.
Arguments
3. SMT. NAGARATHNA W/O G.V. RAMAKRISHNA AGED ABOUT 57 YEARS, RESIDING AT NO.585 9TH 'C' MAIN ROAD, 8TH CROSS, RPC LAYOUT, VIJAYANAGAR, BENGALURU-560 040. 4. SMT. SOWBHAGYA W/O SRI. DEEPAK AGED 50 YEARS, RESIDING NO.408 1ST CROSS, IDEAL HOMES, Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1618 WP No. 22086 of 2022 R.R. NAGAR, BENGALURU-560 098. 5. SMT. H.S. SAVITHRI W/O G. SRIKAMAIAH, AGED 54 YEARS, RESIDING AT NO.436, 16TH A MAIN ROAD, 4TH 'T' BLOCK, JAYANAGAR, BENGALURU-560 041 6. SRI. SRIHARI S/O SMT. RAMAMANI AGED ABOUT 30 YEARS, RESIDING AT NO.116, 2ND BLOCK, THYAGARAJNAGAR BENGALURU-560028. 7. SMT. SHYLA S PAL W/O UMESH V NAIK AGED ABOUT 54 YEARS, RESIDING AT NO.53, 14TH CROSS, VENKATAPURA KORAMANGALA BENGALURU-560 034. 8. SMT. SHANTHAMMA W/O K. RAJU, AGED ABOUT 70 YEARS, RESIDING AT NO.94, 3RD CROSS, RAMESH NAGAR, BENGALURU-560 037. 9. SMT. ASHWATHAMMA W/O NARASIMHAMURTHY, AGED ABOUT 64 YEARS, RESIDING AT NO.35 T C M RAYAN ROAD, BENGALURU-560 053. - 3 - NC: 2025:KHC:1618 WP No. 22086 of 2022 10. SRI. G. NARASIMHAMURTHY W/O LATE GANGADHAR, AGED ABOUT 60 YEARS, RESIDING AT NO.47/21 MUNEGOWDA GARDENS NEELASANDRA, BENGALURU-560 047 11. SMT. B.M. NAGARATHNAMMA W/O VENKATACHALAIAH, AGED ABOUT 68 YEARS, RESIDING AT GEJJAADAHALLY SHIVANAPURA POST, DASANAPURA HOBLI, BENGALURU-562 162. 12. SMT. PUSHPALATHA W/O G.S. RAMAKRISHNA, AGED ABOUT 51 YEARS, RESIDING AT GEJJAGADAHALLY SHIVANAPURA POST, DASANAPURA HOBLI, BENGALURU-562 162. 13. SMT. S.V. JAMUNA W/O G. LAXMAIAH AGED ABOUT 51 YEARS, RESIDING AT GEJJAGADAHALLY SHIVANAPURA POST, DASANAPURA HOBLI, BENGALURU-562 162. 14. SMT. BYRAMMA W/O L. RANGAPPA AGED ABOUT 72 YEARS, RESIDING AT GEJJAGADAHALLY SHIVANAPURA POST, DASANAPURA HOBLI, BENGALURU-562 162. - 4 - NC: 2025:KHC:1618 WP No. 22086 of 2022 15. SMT. BHAGYAMMA W/O NARAYANAGOWDA AGED ABOUT 58 YEARS, RESIDING AT NO.606 VIDYANIKETHANA ROAD, MUDDANAPALYA BENGALURU-560 091. 16. SMT. RAHNAMMA W/O RAMESH AGED ABOUT 55 YEARS, RESIDING AT NO.606 VIDYANIKETHANA ROAD, MUDDANAPALYA BENGALURU-560 091. 17. SMT. N. VIJYALAKSHMI W/O K.N. SATHYANARAYANA AGED ABOUT 65 YEARS, RESIDING AT NO.518 41ST CROSS, 8TH BLOCK, JAYANAGAR, BENGALURU-560 082 18. SMT. N. VIJAYAMMA W/O NARAYANAMURTHY AGED ABOUT 51 YEARS, RESIDING AT NO.2235 12TH MAIN ROAD, KUMARASWAMY LAYOUT, BENGALURU-560 078. 19. SRI. PAVAN S/O B.N GOPINATH AGED ABOUT 40 YEARS, RESIDING AT NO.37, 1ST FLOOR, 10TH CROSS, 5TH 'C' MAIN, WEST OF CHORD ROAD, MAHALAKSHMIPURA, BENGALURU-560 086. - 5 - NC: 2025:KHC:1618 WP No. 22086 of 2022 20. SMT. RADHA RAO W/O RAMACHANDRA RAO AGED ABOUT 60 YEARS, RESIDING AT NO.313, 4TH MAIN ROAD, MOUNT JOY EXTENSION, HANUMANTHANAGAR BENGALURU-560 090 (BY SMT. MAMATA GURURAO KULKARNI, ADVOCATE) …PETITIONERS AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, HOUSING AND URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU-560 001. 2. BANGALORE DEVELOPMENT AUTHORITY BY ITS COMMISSIONER T. CHOWDAIAH ROAD, K.P. WEST, BENGALURU-560 020. 3. THE LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, K.P. WEST, BENGALURU-560 020. 4. RASTRAKAVI KUVEMPU PRATISTANA ® KUPPALLI VILLAGE, THIRTHAHALLY TALUK SHIVAMOGGA DISTRICT-577 432 REPRESENTED BY ITS SECRETARY, SRI. KADIDAL PRAKASH (BY SRI. HANUMANTHARAYA LAGALI, AGA FOR RESPONDENT NO.1; …RESPONDENTS - 6 - NC: 2025:KHC:1618 WP No. 22086 of 2022 SRI. K. KRISHNA, ADVOCATE FOR RESPONDENT NOS.2 AND 3 VIDE ORDER DATED 16.1.2025 NOTICE TO RESPONDENT NO.4 DISPENSED WITH) THE RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO THE DIRECT REPRESENTATIONS DATED 3.12.2009, 7.3.2014, 16.2.2017, 11.4.2022 AND 18.4.2022, COPIES OF WHICH ARE PRODUCED AT ANNEXURES-F, G, H, J AND K RESPECTIVELY IN SO FAR AS PETITIONERS CONCERNED AND DISPOSE OF THE SAME WITHIN TIME BOUND MANNER TO BE FIXED BY THIS HON'BLE COURT TO MEET THE ENDS OF JUSTICE. CONSIDER TO THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER The petitioners are before this Court claiming to be the purchasers of sites formed in land bearing Sy.Nos.28/3, 28/4, 28/5 and 28/10 (New Sy.Nos.52, 53, 54 and 57 respectively) of Gidadakonenahalli, Yeswanthpura Hobli, Bengaluru North Taluk, which was acquired by the respondent Nos.2 and 3 - BDA for further extension of Sir. M. Vishweshwaraiah Layout. Representations as per Annexures - F, G, H, J and K were submitted by the petitioners seeking allotment of sites, non- consideration of which, has constrained the petitioners to approach this Court. - 7 - NC: 2025:KHC:1618 WP No. 22086 of 2022 2. Learned counsel for the petitioners relied upon the judgment of this Court passed in Junjamma and others vs. The Bangalore Development Authority and others [ILR 2005 KAR 608] and the subsequent decision passed pursuant thereon and seeks for a direction to the respondent Nos.2 and 3 - BDA to consider the representations. 3. In response, Sri. K. Krishna, learned counsel for the respondent Nos.2 and 3 - BDA submits that even in terms of
Decision
The petition is disposed of reserving liberty to the petitioners either to make representations or register themselves as applicants as required. In that event, respondent Nos.2 and 3 - BDA as well as respondent No.1 - State Government shall take into consideration the fact that the petitioners claimed to have purchased the sites prior to the acquisition and consider the same in accordance with law and pass orders one way or the other as expeditiously as possible. Sd/- (M.G.S. KAMAL) JUDGE PMR List No.: 1 Sl No.: 6