Karnataka High Court
Smt. Mayamma vs The State Of Karnataka on 6 August, 2024
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WP No. 9854 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO.9854 OF 2016 (LA-BDA)
BETWEEN:
1. SMT. MAYAMMA
SINCE DEAD BY HIS LR'S
1(a) T. SOMASHEKAR
AGED ABOUT 75 YEARS
S/O J.C. THIMMARAYAPPA
R/AT#2 (OLD NO.97)
GANGANAGAR LAYOUT
R.T. NAGAR,
BENGALURU-560 032.
1(b). NEERAJA
AGED ABOUT 72 YEARS
W/O DR. RAMAMOHAN RAO DESARAJU
FLAT NO.103, HARI HARA NILAYAM
Digitally RAMALAYAM STREET
signed by H
K HEMA NEW NALLAKUNTA, MUSHEERABAD
Location: HYDERABAD-500 044.
High Court of
Karnataka
REPRESENTED BY GPA HOLDER
SMT. T. LALITHA
W/O. VISHWANATH
AGED ABOUT 68 YEARS
R/AT NO.53, MADHWA NILAYA
2ND CROSS, 2ND MAIN
VIVEKANANDA INTERNATIONAL SCHOOL
MUNESHWARA LAYOUT
ATTUR POST, YELAHANKA
BENGALURU-560 064.
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WP No. 9854 of 2016
1(c) T. GIRIRAJ
S/O J.C. THIMMARAYAPPA
AGED ABOUT 70 YEARS
R/AT #3RD MAIN ROAD
BESIDE H.P. GAS,
DOMLUR 2ND STAGE
BENGALURU-560 071.
1(d) SMT. T. LALITHA
W/O. VISHWANATH
AGED ABOUT 68 YEARS
R/AT NO.53, MADHWA NILAYA
2ND CROSS, 2ND MAIN
VIVEKANANDA INTERNATIONAL SCHOOL
MUNESHWARA LAYOUT
ATTUR POST, YELAHANKA
BENGALURU-560 064.
1(e) SRI JAGADISH T.
S/O J.C. THIMMARAYAPPA
AGED ABOUT 64 YEARS
R/AT 2085, ANOKHA
16TH C MAIN, H.A.L. 2ND STAGE
INDIRANAGARA-560 038.
1(f) VENU THIMMARAYAPPA GOPAL
S/O J.C. THIMMARAYAPPA
R/AT 136 GROUND FLOOR,
15TH CROSS ESWARA LAYOUT
INDIRANAGAR II STAGE
BENGALURU-560 038.
...PETITIONERS
(BY SRI RAJESHWARA P.N., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT,
VIKASA SOUDHA,
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WP No. 9854 of 2016
DR. AMBEDKAR VEEDHI,
BENGALURU-560 001,
REPRESENTED BY ITS SECRETARY.
2. THE BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD,
KUMARA PARK WEST EXTENSION,
BENGALURU-560 020
REPRESENTED BY ITS COMMISSIONER.
3. THE ADDITIONAL LAND ACQUISITION OFFICER
THE BANGALORE DEVELOPMENT AUTHORITY,
T. CHOWDAIAH ROAD,
KUMARA PARK WEST EXTENSION,
BENGALURU-560 020.
...RESPONDENTS
(BY SRI YOGESH D. NAIK, AGA FOR R.1;
SRI K. KRISHNA, ADVOCATE FOR R.2 & R.3.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ORDER OF SIMILAR NATURE, TO CONSIDER
THE CASE OF THE PETITIONER AS PER THE DIRECTION
ISSUED BY THIS HON'BLE COURT IN W.P.NO.16133/2004,AS
ANNEXURE - E DATED 06.06.2006 AND ISSUE A WRIT OF
CERTIORARI OR ORDER OF SIMILAR NATURE, QUASHING THE
PRELIMINARY NOTIFICATION, ISSUED UNDER SECTION 17(1)
OF THE BDA ACT BEARING NO.BDA/SLAO/A4.PR.194/2002-03
DATED 07.11.2002, GAZETTED ON 21.11.2002, ISSUED BY
THE RESPONDENT NO.2 AT ANNEXURE-C AND ALSO FINAL
DECLARATION NO.UDD/750/BLA/2003 DATED 09.09.2003
GAZETTED ON 10.09.2003 AS PER ANNEXURE-D ISSUED
UNDER SECTION 19(1) UNDER BANGALORE DEVELOPMENT
AUTHORITY ACT, 1976 BY THE RESPONDENT NO.1", IN SO FAR
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WP No. 9854 of 2016
AS THE PETITIONER'S LAND IS CONCERNED AS IS LAPSED
ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO
CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
1. The petitioners are said to be owners of 4 acres 5
guntas of land in Sy.No.71/3 and 8 guntas of land in
Sy.No.72(P) situated at Talaghattapura Village, Uttarahalli
Hobli, Bangalore South Taluk. The said lands were notified
for acquisition. Aggrieved by the same, the late mother of
the petitioners has filed W.P.No.16133/2004. The said
matter was clubbed with several other similar writ
petitions and a common order has been passed on
06.06.2006 in the case of SMT.C.V.SHANTHA AND
OTHERS v. STATE OF KARNATAKA AND OTHERS
reported in 2006(5)Kar.L.J. 361 and a direction was
issued to the Bangalore Development Authority to consider
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the case of the garden and recognised nursery lands as
per the directions issued by this Court in the said writ
petitions. However, as the representation made in respect
of the lands of the petitioners was not considered in terms
of the directions issued, the mother of the petitioners
preferred W.P.No.18154/2007. In the said writ petition,
the endorsement issued by the BDA was quashed and the
BDA was directed to re-consider the matter in the light of
the judgment of this Court passed in W.P.No.16133/2004.
Inspite of the same, on the allegation that the BDA has
not considered the case of the petitioners, the present writ
petition is filed.
2. Learned counsel appearing for the respondent No.2 -
BDA submits that pursuant to the order passed by this
Court in W.P.No.18154/2007, BDA has issued necessary
notices to the petitioners to appear for hearing, but as
they had left the said address by then, notices could not
be served on them and hence, their request has not been
considered so far.
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3. Learned counsel for the petitioners submits that if a
suitable date is fixed, the petitioners would appear
personally appear or through their authorized
representative or Advocate, give a fresh representation to
the respondent - Authorities explaining why their lands
have to be left out from acquisition and he prays a date
may be fixed for hearing. Learned counsel for respondent
- BDA is agreeable for the same. Hence, the following:
ORDER
i. Petitioners shall appear before the respondent
No.3 on 22.08.2024 at 11.30 a.m. and are
given the liberty to make a fresh representation
to respondent No.3 explaining why their lands
have to be left out from acquisition.
ii. Respondent No.3 shall consider the case of
the petitioners in accordance with law and more
particularly, as per the directions issued by this
Court in W.P.No.16133/2004 and pass
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appropriate orders. Till such time, all parties are
directed to maintain status-quo in respect of the
lands concerned.
iii. The writ petition is disposed of accordingly.
Sd/-
(M.I.ARUN)
JUDGE
VMB
