Karnataka High Court
Mrs. Bertha Sophia Fernandes vs Bangalore Development Authority on 16 October, 2024
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NC: 2024:KHC:41746
WP No. 16836 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.16836 OF 2024 (BDA)
BETWEEN:
1. MRS. BERTHA SOPHIA FERNANDES
W/O VALERIAN ROZARIO FERNANDES
AGED ABOUT 63 YEARS,
R/AT NO.21, 'SHARAN',
1ST 'B' MAIN, CHANDRA REDDY LAYOUT,
80 FT., ROAD, NEAR MAHARAJA HOTEL,
4TH BLOCK, KORAMANGALA, VIVEKNAGAR,
BENGALURU - 560 047.
2. MRS. SUNALINI RAMESH
W/O SRI. P. RAMESH JOSHVA
AGED ABOUT 69 YEARS,
R/AT NO. 92/2,
RAINBOW RESIDENCY,
SARJAPURA ROAD, JUNNASANDRA,
CARMELARAM, BANGALORE SOUTH,
KARNATAKA - 560035.
Digitally signed by
SHARMA ANAND
CHAYA
Location: High
3. MR. K N MURALI KRISHNAN
Court of Karnataka S/OF MR. K.B. NARAYANA SWAMY
AGED ABOUT 66 YEARS,
R/AT NO.717, 16TH MAIN ROAD,
3RD BLOCK, KORAMANGALA,
BENGALURU 560 034.
...PETITIONERS
(BY SRI. CHANDRASHEKAR S, ADVOCATE)
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NC: 2024:KHC:41746
WP No. 16836 of 2024
AND:
BANGALORE DEVELOPMENT AUTHORITY
REPRESENTED BY ITS COMMISSIONER
HAVING ITS OFFICE AT KUMARA PARK WEST
SANKEY ROAD,
BENGALURU - 560 020.
...RESPONDENT
(BY SRI. K. KRISHNA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECTING THE RESPONDENT BDA TO IMPLEMENT THE
RESOLUTION BEARING NO.165/2003 DATED 28.06.2003
PASSED BY BDA RESPONDENT AND TO IMPLEMENT THE ORDER
DATED 04.10.2011 PASSED IN W.A.NO.1167/2010 BY THIS
HON'BLE COURT AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
Sri. K. Krishna, learned counsel accepts notice for
respondent.
2. Heard the learned counsel appearing for the
parties.
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3. In this writ petition, the petitioners are
seeking implementation of the Resolution dated
16.05.2006 passed by the respondent-Bengaluru
Development Authority (for short, BDA) and to
consider the representations made by the petitioners
produced at Annexures-L and M series.
4. It is the case of the petitioners that, the
petitioners were the owners of residential sites
mentioned in the writ petition and it is stated that, Sy
No.10 and Sy No.52, each measuring 101/4 guntas of
Venkoji Rao Khane, Madiwala Group Panchayat, Begur
Hobli, Bengaluru South Taluk, originally belonging to
one D.Kaverappa and said lands are adjacent to each
other. In this regard, it is the grievance of the
petitioners that instead of developing Sy No.10,
respondent-BDA developed adjacent land bearing Sy
No.52 belonging to said D.Kaverappa which was not
notified for acquisition by BDA and as such, a
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representation was made by the family members of
D.Kaverappa to respondent-BDA stating that land
bearing Sy No.10 is not developed and on the
contrary, land belonging to D.Kaverappa in Sy No.52,
measuring equally is developed and utilized by the
BDA while implementation of the scheme for formation
of 'HSR Layout'. The petitioners have also produced
the Resolution dated 28.06.2023 of respondent-BDA
(Annexure-D) and further stated that, the family
members of erstwhile owners of D.Kaverappa had sold
the sites carved out in Sy No. 10 of Venkoji Rao Khane
in favour of the petitioners during the year 1991 under
registered Sale Deeds and as such, the petitioners are
in possession of such sites as having been purchased
from D.Kaverappa and his family members and further
stated that, the same, the petitioners have
approached the respondent-BDA on several occasions
as per Annexure-L series and the latest one is
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produced at Annexure-M series dated 30.08.2018 and
Annexure-M5 dated 24.01.2024.
5. Having taken note of the contents of the
representations, it is stated by the petitioners that
they are in possession of the sites and seeking
implementation of the judgment dated 04.10.2011
passed in W.A.No.1167 of 2010 (Annexure-H) as well
as the Resolution dated 16.05.2006 in Resolution
No.165 of 2003 (Annexure-E) passed by the
respondent-BDA and therefore, taking into
consideration the fact that this court has already
crystallized the rights of the parties in W.A.No.1167 of
2010, there is no impediment for the respondent-BDA
to consider the representations referred to above,
particularly, representation produced at Annexure-M5
dated 24.01.2024 within an outer limit of four months
from the date of receipt of certified copy of this order
Accordingly, the writ petition is disposed of. It is
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made clear that, on perusal of the judgment of
W.A.No.1167 of 2010 would indicate that, the said
appeal has been filed by the children of late
D.Kaverappa, the original land owner and the said
aspect has to be taken into account while considering
the representations made by the petitioners.
SD/-
(E.S.INDIRESH)
JUDGE
SB
