SRI. R VIJAY KUMAR v. STATE
Case at a glance
Provisions considered
- Constitution of India art. 226
Judgment
1. SRI. R VIJAY KUMAR, SON OF LATE B RAMIAH, AGED ABOUT 64 YEARS, (BENEFIT OF SENIOR CITIZENSHIP NOT CLAIMED) RESIDING AT NO. 86, DODDABYALKERE, BYALKERE VILLAGE, HESARAGHATTA HOBLI, BENGALURU 560 089.
2. SRI. B R LOKESH, SON OF LATE B RAMIAH, AGED ABOUT 48 YEARS, RESIDING AT NO. 86, DODDABYALKERE, BYALKERE VILLAGE, HESARAGHATTA HOBLI, BENGALURU 560 089. (BY SRI. ROHAN HOSMATH.,ADVOCATE) …PETITIONERS AND:
STATE OF KARNATAKA, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT VIDHANA SOUDHA, BENGALURU 560 001. RERPESENTED BY ITS SECRETARY.
BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU 560 020. REPRESENTED BY ITS COMMISSIONER. Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3078-DB WP No. 27980 of 2024
SPECIAL LAND ACQUISITION OFFICER, DR. K SHIVARAM KARANTH LAYOUT, OFFICE OF BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU 560 020.
ASSISTANT EXECUTIVE ENGINEER, DR. K SHIVARAM KARANTH LAYOUT, OFFICE OF BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU 560 020. (BY SRI.SHIVAPRASAD SHANTANAGOUDAR., ADVOCATE FOR R2 TO R4; SMT. CHANDINI S., HCGP FOR R1) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2, RESPONDENT NO.3 OR RESPONDENT NO.4 FROM DISPOSSESSING THE PETITIONER OR DEMOLISHING THE EXISTING STRUCTURES ON SCHEDULE PROPERTY EXCEPT BY DUE PROCESS OF LAW AND B) ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS TO ALLOT AN EQUIVALENT EXTENT OF DEVELOPED SITE ON LAND-TO-LAND BASIS AND PAY ADDITIONAL COMPENSATION FOR THE BUILDING AND ETC., THIS 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 HON'BLE MR JUSTICE M.NAGAPRASANNA - 3 - NC: 2025:KHC:3078-DB WP No. 27980 of 2024 ORAL ORDER (PER: HON'BLE MR JUSTICE M NAGAPRASANNA) Heard Sri. Rohan Hosmath, learned counsel for petitioners, Sri. Chandini S, HCGP, for Respondent No.1 and Sri. Shivaprasad Shantanagoudar, learned counsel for Respondents 2 to 4.
2. Petitioners are before this court seeking the following prayers: directing
a) Issue a writ, order or direction in the nature of the Respondent No.2, mandamus Respondent No.3 or Respondent No.4 dispossessing the Petitioner or demolishing the existing structures on schedule property except by due process of law; b) Issue a writ, order or direction in the nature of mandamus to allot an equivalent extent of developed site on land-to-land basis and pay additional compensation for the building; c) Issue a writ, order or direction to the Respondent No.2 to regularize the structure situated in the schedule property vide Petitioner's application bearing No. JCC-04-05854 to the Hon'ble Justice AV Chandrashekariah Committee; d) Pass such other consequential writ, order or direction as may be considered necessary in the interest of justice and equity.
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3. Inter alia, the prayer that is sought for by the petitioners is for issuance of Regularization Certificate for the extent of the property that is regularized. The BDA in its Statement of Objections would accept the fact that certain structures in the property have been regularized. What is wanting from the hands of BDA is issuance of a Regularization Certificate which recognizes regularization of the property of the petitioners.
4. The BDA shall within two weeks Regularization Certificate to the petitioners from the date that has been regularized. In so far as the other prayers are concerned, the petitioners are at liberty to submit their representation to the respondent-BDA within two weeks from the date of receipt of copy of the order and the BDA shall within four weeks thereafter pass necessary orders on the representation so submitted by the petitioners, in accordance with law, bearing in mind the observations made by this court in W.P.No.14082/2023 (LA-BDA) between SMT.ANASUYAMMA vs. STATE OF - 5 - NC: 2025:KHC:3078-DB WP No. 27980 of 2024 KARNATAKA AND OTHERS, disposed on 4.12.2024 and a decision taken thereof shall be communicated to the petitioners. Till such time the 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 List No.: 1 Sl No.: 21
Precedent status how later indexed judgments have treated this case
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