Writ Petition No. 35875 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:2744 WP No. 35875 of 2024 C/W WP No. 35874 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 35875 OF 2024 (LA-BDA) WRIT PETITION NO. 35874 OF 2024 (LA-BDA) C/W IN WP No. 35875/2024 BETWEEN: B.R. CHANDRASHEKARAIAH S/O LATE RUDRAPPA AGED ABOUT 73 YEARS R/O BANGALE VILLAGE SULIKERE POST - 560 060 KENGERI HOBLI BANGALORE SOUTH TALUK BANGALORE RURAL DISTRICT.
Legal Reasoning
(BY SRI. M C BASAVARAJU, ADVOCATE) …PETITIONER Digitally signed by SUMA B N Location: High Court of Karnataka AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BANGALORE - 560 001 REPRESENTED BY ITS SECRETARY. 2. THE BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 020. REPRESENTED BY ITS COMMISSIONER. - 2 - NC: 2025:KHC:2744 WP No. 35875 of 2024 C/W WP No. 35874 of 2024 3. THE ADDITIONAL LAND ACQUISITION OFFICER T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 020. (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. K. KRISHNA, ADVOCATE FOR R2 AND R3) …RESPONDENTS THE NOTICE IMPUGNED
Decision
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO BEARING QUASH NO.BHU.SWA.PRA.NO. 1155/2011-12 DATED 04.10.2024 ISSUED BY THE R-3 VIDE ANNEXURE-M TO THE WRIT PETITION. DIRECT THE R-3 TO DROP THE FURTHER PROCEEDINGS OF THE ACQUISITION IN RESPECT OF SY NO. 123 OF RAMASANDRA VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK, MEASURING 02 ACRES AND 20 GUNTAS OF LAND BELONGS TO THE PETITIONER BY CONSIDERING THE REPRESENTATION DATED 01.04.2024 MADE BY THE PETITIONER VIDE ANNEXURE-J TO THE WRIT PETITION UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. IN WP NO. 35874/2024 BETWEEN: B R CHANDRASHEKARAIAH S/O LATE RUDRAPPA AGED 73 YEARS R/O BANGALE VILLAGE SULIKERE POST - 560 060 KENGERI HOBLI BANGALORE SOUTH TALUK BANGALORE URBAN DISTRICT. ...PETITIONER (BY SRI. M C BASAVARAJU.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, - 3 - NC: 2025:KHC:2744 WP No. 35875 of 2024 C/W WP No. 35874 of 2024 BANGALORE - 560 001 REPRESENTED BY ITS SECRETARY. 2. THE BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 020 REPRESENTED BY ITS COMMISSIONER. 3. THE ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE - 560 020. ...RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. K. KRISHNA, ADVOCATE FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING IMPUGNED NOTICE BEARING NO. TO QUASH THE BHU.SWA.PRA.NO.1155/2011-12 04.10.2024 DATED ISSUED BY THE R-3 VIDE ANNEXURE-M TO THE WRIT PETITION IN SO FAR AS PETITIONER IS CONCERNED. DIRECT THE R-3 TO DROP THE FURTHER PROCEEDINGS OF THE ACQUISITION IN RESPECT OF SY NO. 122 OF RAMASANDRA VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK, MEASURING 01 ACRE AND 35 GUNTAS OF LAND BELONGS TO THE PETITIONER BY CONSIDERING THE REPRESENTATION DATED 01.04.2024 MADE BY THE PETITIONER VIDE ANNEXURE-J TO THE WRIT PETITION UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 4 - NC: 2025:KHC:2744 WP No. 35875 of 2024 C/W WP No. 35874 of 2024 ORAL ORDER Petitioner is before this Court seeking following reliefs in these petitions: IN W.P.35875/2024: "i) Issue a writ of certiorari to quash the impugned notice bearing No.BHU.SWA.PRA. No.1155/2011-12 dated: 04.10.2024 issued by the 3rd respondent vide Annexure-M to the writ petition and ii) Issue a writ in the nature of writ of mandamus directing the 3rd respondent to drop the further proceedings of the acquisition in respect of Sy.No.123 of Ramasandra village, Kengeri Hobli, Bangalore South Taluk, measuring 02 Acres and 20 Guntas of land belongs the the petitioner by considering the representation dated 01.04.2024 made by petitioner vide Annexure-J to the writ petition under the facts and circumstances of the case." to IN W.P.35874/2024: "i) Issue a writ of certiorari to quash the impugned notice bearing No.BHU.SWA.PRA. No.1155/2011-12 dated: 04.10.2024 issued by the 3rd respondent vide Annexure-M to the writ petition in so for as petitioner is concerned and; ii) Issue a writ in the nature of writ of mandamus directing the 3rd respondent to drop the further proceedings of the acquisition in respect of Sy.No.122 of Ramasandra village, Kengeri Hobli, Bangalore South Taluk, measuring 01 Acre and 35 Guntas of land the the petitioner by considering belongs representation dated 01.04.2024 made by the petitioner vide Annexure-J to the writ petition under the facts and circumstances of the case." to - 5 - NC: 2025:KHC:2744 WP No. 35875 of 2024 C/W WP No. 35874 of 2024 2. Learned counsel for the petitioner submits that though representation was made earlier by the petitioner seeking to drop the further proceedings of acquisition of land in Sy.Nos.123 and 122 of Ramasandra Village, Kengeri Hobli, Bengaluru South Taluk, measuring 2 acres 20 guntas and 1 acre 35 guntas respectively that belongs to the petitioner, the same has not been considered by the respondent authorities. Further referring to proceedings of respondent-BDA he submits without considering the objections raised the respondent-BDA unilaterally issued notice at Annexure-M calling upon the petitioner to appear on 19.11.2024 to give consent for drawing award in respect of the acquired land. 3. Learned counsel for petitioner further submits that even after issuance of notice at Annexure-M, petitioner had made yet another representation as per Annexure-N dated 14.11.2024 and there is no response by the respondent -BDA even to the said representations. Hence, seeks for allowing of the petitions. - 6 - NC: 2025:KHC:2744 WP No. 35875 of 2024 C/W WP No. 35874 of 2024 4. Learned counsel for respondent-BDA on the other hand submits proceedings at Annexure -L does not pertain to land belonging to the petitioner. He however submits though a notice at Annexure-M is issued calling upon the petitioner to appear and give consent for drawing up of the award, the respondent authorities would proceed further only after consideration of the representations dated 14.11.2024 made by the petitioner as per Annexure-N. 5. Learned counsel for petitioner at this juncture submits if a suitable direction is issued to the respondent authorities to give personal hearing and pass appropriate orders in a time bound manner that would serve the purpose. 6. Submissions of learned counsel for petitioner as well as learned counsel for respondent-BDA are taken on record. Petitions are disposed of. Respondent authorities shall consider the representation dated 14.11.2024 filed by the petitioner as per Annexure-N in both the petitions. Respondent authority shall give personal hearing to the petitioner and thereafter pass appropriate orders. The entire exercise shall be undertaken and completed within an outer limit of three - 7 - NC: 2025:KHC:2744 WP No. 35875 of 2024 C/W WP No. 35874 of 2024 months from the date of receipt of certified copy of this order. The respondent authorities shall not precipitate with the matter as per Annexure-M until determination of the representations as directed above. SD/- (M.G.S. KAMAL) JUDGE SBN List No.: 1 Sl No.: 21