Writ Petition No. 25028 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:3077-DB WP No. 25028 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25028 OF 2024 (LA-BDA) BETWEEN: ANITHA C.B, W/O LATE M. CHITTIBABU, AGED ABOUT 53 YEARS, R/AT NO.11/12, HOUSE NO.706, THIRD FLOOR, RV RESIDENCY 4TH CROSS, AKKAIYAMMA LAYOUT, SUBBANAPALYA, KAMMANAHALLI, BENGALURU 560 001.
Legal Reasoning
(BY SRI. H R NARAYANA RAO., ADVOCATE) AND: …PETITIONER Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA 1. STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL CHIEF COMMISSIONER, URBAN DEVELOPMENT DEPARTMENT, DR. B.R.AMBEDKAR ROAD, BENGALURU 560 001. 2. BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU 560 020, REP. BY ITS COMMISSIONER 3. THE DEPUTY COMMISSIONER (LAND ACQUISITION OFFICER), BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU 560 020. - 2 - NC: 2025:KHC:3077-DB WP No. 25028 of 2024 4. THE LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU 560 020. (BY SMT. CHANDINI.S, HCGP FOR R1; SRI.SHIVAPRASAD SHANATANAGOUDAR., ADVOCATE FOR R2 TO R4) …RESPONDENTS INDIA, PRAYING CONSTITUTION OF THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE A) WRIT/ORDER/DIRECTION DIRECTING THE RESPONDENT AUTHORITIES TO EXTEND THE BENEFIT OF THE ORDER DATED 03/08/2018 PASSED BY THE HON’BLE SUPREME COURT (ANNEXURE-K) AND ISSUE NECESSARY CERTIFICATE SO THAT THE PETITIONER’S POSSESSION AND RIGHT, TITLE AND INTEREST OVER THE SCHEDULE PROPERTY IS CONFIRMED AND ETC., TO THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 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) Heard Sri. H.R.Narayana Rao, learned counsel for petitioner, Sri. Chandini S, HCGP, for Respondent No.1 and Sri. Shivaprasad Shantanagoudar, learned counsel for Respondents 2 to 4. - 3 - NC: 2025:KHC:3077-DB WP No. 25028 of 2024 2. Petitioner is before this court seeking the following prayers: directing “a) Writ/order/direction the Respondent authorities to extend the benefit of the Order dated 03.08.2018 passed by the Hon'ble Supreme Court (Annexure-K) and issue necessary certificate so that the Petitioner's possession and right, title and interest over the schedule property is confirmed; and b) Pass such other order/s as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity.” 3. The contention of the petitioner that the structures in the subject property were in place prior to the cut-off date as directed by the Apex Court to be 3.8.2018. This court had passed several orders directing the evidence to be produced before this Court with regard to the construction and statutory compliances taken towards the said construction. The order passed on 13.12.2024 reads as under: “Heard learned counsel Sri.Amogha Sharma appearing for the petitioner. Learned counsel places on record certain documents to buttress his submission that the loan was secured from the hands of Non Banking Financial Institution way back in the year 2017 i.e., 06.04.2017. The long before the cut out date fixed by the Apex Court which is 03.08.2018. - 4 - NC: 2025:KHC:3077-DB WP No. 25028 of 2024 Learned counsel shall place on record all other statutory clearances for the purpose of construction by the next date of hearing as the contention of the learned counsel Sri.Shivaprasad M. Shantangoudar appearing is as on 03.08.2018, Google Earth Images would depict no construction in the subject property. the respondent–BDA for List this matter on 09.01.2025. Interim order, granted earlier, if subsisting in the case at hand shall stand extended till the next date of hearing.” The order passed on 10.01.2025 reads as under: “This Court on 13.12.2024 had made the following order: “Heard learned appearing for the petitioner. counsel Sri.Amogha Sharma Learned counsel places on record certain documents to buttress his submission that the loan was secured from the hands of Non Banking Financial Institution way back in the year 2017 i.e., 06.04.2017. The long before the cut out date fixed by the Apex Court which is 03.08.2018. Learned counsel shall place on record all other statutory clearances for the purpose of construction by the next date of hearing as the contention of the learned counsel Sri.Shivaprasad M. Shantangoudar appearing for the respondent –BDA is as on 03.08.2018, Google Earth Images would depict no construction in the subject property. List this matter on 09.01.2025. Interim order, granted earlier, if subsisting in the case at hand shall stand extended till the next date of hearing.” - 5 - NC: 2025:KHC:3077-DB WP No. 25028 of 2024 The mandate was that the Petitioner should produce all the statutory clearances taken for the purpose of construction. Today, learned counsel for the Petitioner seeks time yet again to secure the records as has directed supra. As a 24.01.2025. last chance, list this Petition on In the event, if the Petitioner fails to comply with the order dated 13.12.2024, the interim order would automatically stand vacated and the Petitioner would run the risk of petition being itself dismissed. Subject to the aforesaid, the interim order would continue till the next date of hearing.” 4. Even today also, petitioner has not produced any document as was directed, but submits that loan was not sanctioned within time. Therefore, the cut-off date had skipped by then. 5. Learned counsel for the petitioner submits that he will submit a representation enclosing all documents, BDA be directed to consider the same. Learned counsel Sri.Shivaprasad M Shantanagoudar submits that if documents are placed, the same would be considered and necessary orders would be passed, in accordance with law. In that light, we deem it appropriate to dispose the - 6 - NC: 2025:KHC:3077-DB WP No. 25028 of 2024 petition permitting the petitioner to submit a representation within two weeks from the date of receipt of copy of the order. The BDA shall within four weeks thereafter consider the same and pass necessary orders, in accordance with law and communicate the decision taken to the petitioner. 6. It is made clear that we have not considered the merits of the claim of the petitioner. Till such time decision is taken by the BDA, the interim order subsisting in the case at hand, shall continue to operate. With the aforesaid observations, this petition stand disposed. Ordered accordingly. Costs made easy. Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (M.NAGAPRASANNA) JUDGE Cbc/List No.: 1 Sl No.: 20