(BY SRI. JOSHUA HUDSON SAMUEL.,ADVOCATE) v. (BY SRI. AJAY KUMAR M., ADVOCATE FOR R1 TO R3)
Case at a glance
Outcome
Disposed of
situation of the matter, petition is disposed of, directing
Provisions considered
- Constitution of India arts. 226, 227
Key paragraphs
- Para 44. Be that as it may, since the petitioner is seeking a clarification as to if petition schedule properties belonging to the petitioner have been acquired or not, if not, is seeking issuance of no objection certificate, in the facts situation of the matter, petition…
Judgment
(BY SRI. JOSHUA HUDSON SAMUEL.,ADVOCATE) …PETITIONER Digitally signed by SUMA B N Location: High Court of Karnataka AND:
BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST T CHOWDAIAH ROAD BANGALORE - 560 020 REP BY TIS THE CHAIRMAN.
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST T CHOWDAIAH ROAD BANGALORE - 560 020.
THE LAND ACQUISITON OFFICER BANGALORE DEVELOPMENT AUTHORITY KUMARAJ PARK WEST T CHOWDAIAH ROAD BANGALORE - 560 020. (BY SRI. AJAY KUMAR M., ADVOCATE FOR R1 TO R3) …RESPONDENTS - 2 - NC: 2025:KHC:4981 WP No. 36481 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE RESPONDENTS TO ISSUE THE NECESSARY NO OBJECTION CERTIFICATE TO THE PETITIONER IN RESPECT OF THE PROPERTIES MENTIONED IN THE SCHEDULE APPEARING HEREUNDER 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 M.G.S. KAMAL ORAL ORDER Petitioner claiming to have purchased the property bearing No.15, Assessment No.94, Katha No.381/A, measuring East to West 56 Feet and North to South 40 Feet and property bearing No.18, Assessment No.94, Katha No.381/A, measuring East to West 58 Feet and North to South 40 Feet both situated at Hennur Village, Nagawara Panchayat, Kasaba Hobli, Bangalore North Taluk as described in schedule to the writ petition is before this Court seeking following reliefs: ''a. Issue a Writ, Order or Direction in the nature of Writ of Mandamus directing the Respondents to issue the necessary No-Objection Certificate to the Petitioner in respect of the properties mentioned in the Schedule appearing hereunder; - 3 - NC: 2025:KHC:4981 WP No. 36481 of 2024 b. Alternatively, issue a Writ, Order or Direction in the nature of Writ of Mandamus directing the Respondents to confirm to the Petitioner with regard to the representation dated 28.08.2024 produced at ANNEXURE-K; C. Grant such other further reliefs as this Hon'ble Court deems fit to grant under the facts and circumstances of the above case.''
2. Sri. Joshua Hudson Samuel, learned counsel for the petitioner submits that the petitioner not being aware as to whether the petition schedule properties have been acquired by the respondent-BDA or not, had made representation seeking clarification in this regard and had also sought for issuance of the 'no objection certificate' enabling the petitioner to put up construction on the same, which requisition has not been considered by the respondent-BDA till date, constraining the petitioner to approach this Court.
3. In response, Sri. Ajay Kumar. M, learned counsel respondent-BDA referring to preliminary notification dated 03.02.2003 and the final notification dated 23.02.2004 issued under the provisions of the - 4 - NC: 2025:KHC:4981 WP No. 36481 of 2024 Bangalore Development Authority Act, 1976 submits that the lands bearing Sy.Nos.93/1 and 94 situated at Hennur Village, Nagawara Panchayat, Kasaba Hobli, Bangalore North Taluk have been notified for the purpose of formation of Arkavathi Layout as seen at Sl.No.109 and 111 of the final notification. He further submits that the properties being claimed by the petitioner apparently form part of the land in said survey numbers. He submits that the names of the owner of the land in said Sy.Nos.93/1 and 94 has also been reflected. He further submits that claims of the persons as that of petitioner is being considered by the Hon'ble Justice Keshavanarayana Committee and the petitioner may seek redressal of his grievance.
Operative part
Be that as it may, since the petitioner is seeking a clarification as to if petition schedule properties belonging to the petitioner have been acquired or not, if not, is seeking issuance of no objection certificate, in the facts situation of the matter, petition is disposed of, directing - 5 - NC: 2025:KHC:4981 WP No. 36481 of 2024 the respondent-BDA to consider the representations of the petitioner and issue necessary endorsement taking into the consideration the claim of the petitioner and the notification which is now brought to the notice of this Court within an outer limit of six weeks from the date of receipt of certified copy of this order.
It is made clear that if in event of the properties being claimed by the petitioner are notified, petitioner is at liberty to seek such remedies as may be available under law before the Hon'ble Justice Keshavanarayana Committee which is looking into the grievance of the persons as that of the petitioner whose lands have been acquired under the aforesaid notification. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 45
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: situation of the matter, petition is disposed of, directing
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.