Karnataka High Court
Murali Raju K vs The State Of Karnataka on 9 August, 2024
Author: M.Nagaprasanna
Bench: Krishna S.Dixit, M.Nagaprasanna
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WP No. 20009 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 20009 OF 2024 (LA-BDA)
BETWEEN:
MURALI RAJU K
S/O LATE K DORASWAMAY RAJU,
AGED 40 YEARS,
R/A NO.2-18, RAJULURU,
KUMMANRANATHAM,
PUNGANUR TALUK,
CHITOOR DISTRICT.
ANDHRA PRADESH - 517 247.
...PETITIONER
(BY SRI. B RAMESH, ADVOCATE)
Digitally signed
by NAGAVENI
AND:
Location: HIGH
COURT OF
KARNATAKA
1. THE STATE OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT,
VIDHANA SOUDHA,
DR BR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
REP. BY ITS PRINCIPAL SECRETARY.
2. BENGALURU DEVELOPMENT AUTHORITY
KUMARA PARK WEST,
SANKEY ROAD,
BENGALURU - 560 020.
REP. BY ITS COMMISSIONER.
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WP No. 20009 of 2024
3. THE SPECIAL LAND ACQUISITION OFFICER
BENGALURU DEVELOPMENT AUTHORITY,
KUMARA PARK WEST,
SANKEY ROAD,
BENGALURU - 560 020.
...RESPONDENTS
(BY SMT. ANUKANKSHA KALKERI, HCGP FOR R-1;
SRI VIKRAM A. HUILGOL, SR. ADVOCATE FOR
SRI SHIVAPRASAD M. SHANTANAGOUDAR, ADVOCATE FOR
R-2 AND R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION BY QUASHING THE PRELIMINARY NOTIFICATION
BEARING No.BDA/COMMR/DC(LA)/SLAO/A5/PR/283/2008-09
BANGLAORE DATED 30.12.2008 AND PUBLISHED IN THE GAZETTE
DATED 31.12.2008 ISSUED BY THE 2ND AND 3RD RESPONDENT
WHICH IS PRODUCED AND MARKED AS ANNEXURE-C AND THE
FINAL NOTIFICATION BEARING No.UDD/553/MNX/2018 BANGALORE
DATED 30.10.2018 AND PUBLISHED IN THE GAZETTE DATED
31.12.2008 ISSUED BY THE RESPONDENTS No-2 AND 3 WHICH IS
PRODUCED AND MARKED AS ANNEXURE-D AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT
and
HON'BLE MR JUSTICE M.NAGAPRASANNA
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WP No. 20009 of 2024
ORAL ORDER
(PER: HON'BLE MR JUSTICE M.NAGAPRASANNA)
Heard the learned counsel Sri.B.Ramesh, appearing for
the petitioner, the learned High Court Government Pleader
Smt.Anukanksha Kalkeri, appearing for respondent No.1 and
the learned Senior counsel Sri.Vikram A. Huligol, along with the
learned counsel Sri.Shivaprasad M. Shantanagoudar, appearing
for respondent Nos.2 and 3/Bangalore Development Authority
('BDA' for short).
2. The petitioner is before this Court seeking the
following prayer:
"The Petitioner prays that this Hon'ble Court may be
pleased to issue a writ of certiorari or any other
appropriate writ, order or direction as case may be and
be pleased to stay all other proceedings pursuant to the
Preliminary Notification bearing No. BDA/
Commr/DC(LA)/SLAO/A5/PR/283/2008-09; Bangalore
dated: 30.12.2008 and published in the Gazette dated
31.12.2008 issued by the 2nd and 3rd Respondents which
is produced and marked as ANNEXURE 'C', and the Final
Notification bearing No.UDD/553/MNX/2018 Bangalore
dated:30.10.2018 and published in the Gazette dated
01.11.2018 issued by respondents No.2 & 3 which is
produced and marked as ANNEXURE-'D', pending
disposal of the writ petition in the interest of justice and
equity."
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3. Learned counsel for the petitioner submits that he
would also approach the Committee, in the light of the order
passed by this Division Bench on 11.07.2024 in
W.P.No.23758/2023.
4. Learned Senior counsel Sri. Vikram A Huilgol,
submits that in terms of the order (supra), the BDA has given
vide publicity with regard to receipt of the application as
directed, in four leading newspapers but not in the electronic
media.
5. Therefore, the BDA is directed to forthwith notify
the same, in the electronic media, as was directed by this
Division Bench, in the order that is passed on 11.07.2024 in
W.P.No.23758/2023.
6. The directions issued in the aforesaid writ petition,
read as follows:
"4. The Apex Court, in its order dated 05-05-2021,
answering Miscellaneous Application Nos.1614-1616 of
2019 notices the affidavit filed by the BDA in respect of
previous layouts formed by the BDA in which purchasers
of revenue sites in those layouts have been permitted to
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apply for allotment of sites measuring 30x40'. The
Apex Court observes as follows:
".... .... ....
(4) In our Order dated 18.03.2021, we had
observed as under:
"It appears that certain persons belonging to
poor and middle-income groups have purchased
house sites from the land owners whose lands have
been notified for the acquisition for the formation of
the lay-out in question, prior to the date of the
judgment dated 03.08.2018. We are of the view that
their grievances also require to be redressed. we are
informed that similar grievances of the purchasers of
the sites in other layouts formed by the Bangalore
Development Authority have been redressed by the
Bangalore Development Authority. The
Commissioner, Bangalore Development Authority, is
directed to place on record the mode and manner of
redressal of the grievances of such site-holders
adopted by the Bangalore Development Authority in
the previously formed lay-outs within a period of four
weeks from today."
(5) In compliance of the above order, the
Commissioner, Bangalore Development Authority
(B.D.A.), has filed an affidavit dated 12.04.2021
stating that in respect of the previous lay-outs formed
by the B.D.A. such as Anjanapura Layout, sir M.
Vishweshwaraiah Layout, Banashankari 6th Stage
layout, the purchasers of the revenue sites in those
lay-outs have been permitted to apply for allotment of
sites measuring 30 ft. x 40 ft. even though the sites
purchased by them are bigger in dimension. The
affidavit also indicates the other conditions based on
which the sites were allotted to the revenue site
holders.
(6) In consideration of the above, we are of the
view that the purchasers of sites in Dr. Shivaram
Karanth Layout are entitled for allotment of sites
provided that their purchase of such sites is prior to
the date of the judgment i.e. 03.08.2018.
(7) The purchasers of the sites in Dr. Shivaram
Karanth Layout are permitted to get themselves
registered in the B.D.A. as applicants for allotment of
sites under the Bangalore Development Authority
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(Allotment of Sites) Rules, 1984 ("B.D.A. Allotment of
Site Rules") within 4 months from today.
(8) These purchasers should not he owning any
other residential property in Bangalore and
surrounding vicinity. They shall be bound by all the
other terms and conditions for allotment of sites as per
the B.D.A. Allotment of Site Rules.
(9) The General Power of Attorney holders and
persons having an Agreement to Sell are not entitled
for allotment of the sites.
(10) Purchasers of sites, through registered sale
deeds, prior to 03.08.2018, are alone entitled for
allotment of sites as per this order.
(11) The B.D.A. shall calculate the
compensation payable to the applicants in respect of
their acquired sites and give credit accordingly by
adjusting the same towards the allotment price for the
sites to be allotted and call upon the applicants to pay
the balance, if any.
(12) The allotment of sites is restricted to sites
measuring 30 ft. x40 ft. being the maximum extent
irrespective of the measurement of their sites that
have been acquired by the B.D.A.
(13) The applicants have to withdraw the cases
filed by them, if any, challenging the acquisition of
their lands, before filing an application with the B.D.A.
in terms of this order
(14) The purchasers of the sites are permitted
to apply for allotment of sites to the B.D.A. along with
self-certified photocopy of the title deeds on or before
17.09.2021. It is clarified that they need not pay the
initial deposit. The documents submitted by the
applicants along with their applications for allotment of
sites in terms of this order shall be referred by the
Commissioner, B.D.A., to a committee of retired
District Judges comprising of a Chairman and two
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Members. The Committee so appointed shall examine
the title deed of the applicants and submit a report as
to the ownership of the sites to the Commissioner,
B.D.A. The rival claim(s), if any, shall also be decided
by the committee. The B.D.A. would allot sites only to
those applicants who are duly certified by this
Committee as the owners, subject to their satisfying
other conditions of this order."
The Apex Court, in terms of the aforesaid order,
directed constitution of a Committee to go in the issue
of revenue site holders. In furtherance of the direction
so issued, Bopaiah Committee is constituted to
specifically go into the issue of the revenue site holders
and their respective claim.
5. In the light of the direction by the Apex Court as
quoted supra, and the constitution of the Bopaiah
Committee, the petitioner will have to be relegated to
appear before the Committee, as in terms of the said
order, it is for the Committee to decide the grievance of
the petitioner and answer the same. In that light, we
are of the considered view that this petition could be
disposed, with a direction to the Committee to consider
the grievance of the petitioner - revenue site holder and
redress the same.
....................
7. In the light of the aforesaid reasons, the
following:
ORDER
(a) The petition stands disposed.
(b) The petitioner is relegated to appear
before the Committee qua her
grievances.
(c) The BDA shall, within one (1) week
from the date of receipt of the copy of
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this order, notify to the general public,
both in print and electronic media to
sensitize the applicants who are
revenue site holders in
Dr.Shivaramakaranth Layout, to submit
their applications before the Bopaiah
Committee.
(d) The BDA shall grant four (4) weeks
time on and from the date of such
notification/publication, in both print
and electronic media.
(e) All applications concerning 2018
notification or 2022 notification shall
bear consideration at the hands of the
BDA.
(f) The Committee is at liberty to take
assistance of experts from the BDA to
resolve the grievances of the
applicants.
(g) The Committee is granted three (3)
months time from the last date
indicated in terms of clause (d) supra
i.e., the last date for receipt of the
applications from the applicants -
revenue site holders, to resolve the
dispute, strictly in consonance with law.
(h) The resolution of the dispute in the
form of a report, be placed before us
on the expiry of three (3) months.
(i) The grievance of the petitioner also
shall bear consideration at the hands of
the Committee like all the other
applications that would bear
consideration, as observed
hereinabove.
(j) Till the Committee decides on the
applications of the respective
applicants, status quo, qua the
property, be maintained by the parties.
Ordered accordingly."
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In the light of the petitioner being similarly situated and
the submission that he would also approach the Committee, the
reasons and the directions so issued in the aforesaid
W.P.No.23758/2023 would become applicable to the case of the
petitioner as well.
7. In the light of the aforesaid reasons, the following:
ORDER
a) The petition stands disposed.
b) The petitioner is relegated to appear before the
Committee qua his grievances.
c) The BDA shall, within one (1) week from the
date of receipt of the copy of this order, notify to
the general public, both in print and electronic
media to sensitize the applicants who are
revenue site holders in Dr.Shivaramakaranth
Layout, to submit their applications before the
Bopaiah Committee.
d) The BDA shall grant four (4) weeks time on and
from the date of such notification/publication, in
both print and electronic media.
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e) All applications concerning 2018 notification or
2022 notification shall bear consideration at the
hands of the BDA.
f) The Committee is at liberty to take assistance of
experts from the BDA to resolve the grievances
of the applicants.
g) The Committee is granted three (3) months time
from the last date indicated in terms of clause
(d) supra i.e., the last date for receipt of the
applications from the applicants - revenue site
holders, to resolve the dispute, strictly in
consonance with law.
h) The resolution of the dispute in the form of a
report, be placed before us on the expiry of
three (3) months.
i) The grievance of the petitioner also shall bear
consideration at the hands of the Committee like
all the other applications that would bear
consideration, as observed hereinabove.
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j) Till the Committee decides on the applications of
the respective applicants, status quo, qua the
property, be maintained by the parties.
Ordered accordingly.
Sd/-
(KRISHNA S DIXIT)
JUDGE
Sd/-
(M.NAGAPRASANNA)
JUDGE
KG
