Karnataka High Court
The Karnataka Slum Development Board vs Smt Jayamma on 8 November, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
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NC: 2024:KHC:45251
RP No. 360 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
REVIEW PETITION NO. 360 OF 2023
BETWEEN:
THE KARNATAKA SLUM DEVELOPMENT BOARD
NO.55, ABHAYA COMPLEX, 3RD FLOOR,
RISALDAR STREET, SHESHADRIPURAM,
BENGALURU - 560 020.
REPRESENTED BY ITS SECRETARY.
...PETITIONER
(BY SRI. B B PATIL.,ADVOCATE)
AND:
1. SMT. JAYAMMA,
W/O JAYADEVAPPA,
AGED ABOUT 67 YEARS,
Digitally signed R/AT NO. 792, 32ND MAIN,
by SHARADA JAI MARUTHINAGARA SLUM,
VANI B
NADHINI LAYOUT, BENGALURU - 560 096.
Location:
HIGH COURT
OF 2. SMT. NARASAMMA W/O THIMMAIAH,
KARNATAKA AGED ABOUT 79 YEARS,
R/AT NO. 798/B, H.M. NAYAKA ROAD,
JAI MARUTHINAGARA SLUM, NADHINI LAYOUT,
BENGALURU - 560 096.
3. SMT. NARASAMMA W/O SHIVARAJU,
AGED ABOUT 41 YEARS,
R/AT NO. 797, H.M. NAYAKA ROAD,
LAGGERE, JAI MARUTHINAGARA SLUM,
NADHINI LAYOUT, BENGALURU - 560 096.
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NC: 2024:KHC:45251
RP No. 360 of 2023
4. SMT. NAGARATHNAMMA W/O VENKATESH,
AGED ABOUT 52 YEARS,
R/AT NO. 791, 32ND MAIN,
JAI MARUTHINAGARA SLUM, NADHINI LAYOUT,
BENGALURU - 560 096.
5. SRI. SRINIVASA S/O VENKATESH,
AGED ABOUT 40 YEARS,
R/AT 758/C, H.M. NAYAKA ROAD,
JAI MARUTHINAGARA SLUM, NADHINI LAYOUT,
BENGALURU - 560 096.
6. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, T. CHOWDAIAH ROAD,
BENGALURU - 560 020.
7. THE DEPUTY SECERTARY-3
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST, T. CHOWDAIAH ROAD,
BENGALURU - 560 020.
8. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S.BUILDING, BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. SUNDARESH H C.,ADVOCATE FOR R1 TO R5;
SRI. SURAJ PATIL., ADVOCATE FOR R7-ABSENT;
SRI. RAJAKUMAR M., AGA FOR R8;
R6 IS SERVED AND UNREPRESENTED)
THIS REVIEW PETITION UNDER SECTION 114 R/W
ORDER 47 RULE 1 OF CPC, PRAYING TO ALLOW THE REVIEW
PETITION AND REVIEW THE ORDER DATED 17/04/2023
PASSED BY THIS HON'BLE COURT IN WRIT PETITION NO.
3200/2022 C/W W.P.NO.3278/2022, 18096/2022, 3252/2022,
3294/2022 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS REVIEW PETITION, COMING ON FOR ORDERS THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT
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RP No. 360 of 2023
ORAL ORDER
Application in I.A.No.1/2023 supported by an
affidavit seeks condonation of short delay of 49 days.
Explanation being plausible and delay brooked being too
short to be little, the said application is favoured and delay
is condonded in filing the Review Petition.
2. Learned Sr. Panel Counsel appearing for the writ
petitioner points out the infirmity in the judgment now put
in review, whereby the petition was disposed off to the
effect that in the absence of transfer of land as
contemplated u/s.27(3) of Karnataka Slum Areas
Development Act, 1973, no relief which the writ petitioner
had sought for by way of execution of the conveyance can
be effectuated.
3. Learned counsel appearing for the writ petitioner
submits that who grants land to him is not his business,
provided the land is allotted to him; learned Addl.
Government Advocate obviously has to stand by
NC: 2024:KHC:45251
Government Order dated 23.02.2021 which needs to be
given effect to in terms of Sec.27(3) of 1973 Act. There is
none from the side of BDA despite service of notice.
However, that will not deter the court from passing orders
in the case in accordance with law.
In the above circumstances, this Review Petition
having been favoured and the subject judgment will have
another clause in its operative portion to the effect that the
BDA shall deliver the subject land in favour of Review
Petitioner by giving effect to the relief column of the
judgment in terms of Sec.27(3) of 1973 Act within a period
of eight weeks.
Registry to send a copy of this judgment to the
Commissioner, BDA for information and needful action.
Sd/-
(KRISHNA S DIXIT)
JUDGE
Snb/
