Karnataka High Court
M/S Bangalore Adithya vs The State Of Karnataka on 28 October, 2024
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NC: 2024:KHC:43340
WP No. 21799 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 21799 OF 2021 (LA-BDA)
BETWEEN:
M/S. BANGALORE ADITHYA
CONSTRUCTIONS (P) LTD.,
NO.719, 8TH MAIN, III PHASE,
J.P. NAGAR, BANGALORE - 560 078,
REPRESENTED BY ITS DIRECTOR,
MR. M.N. SATYESH, S/O M.N. NAGARAJ,
AGED ABOUT 50 YEARS.
...PETITIONER
(BY SMT. LATHA SHREE, ADVOCATE FOR
SRI. DEEPAK D.C, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
URBAN DEVELOPMENT DEPARTMENT,
M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI,
BANGALORE - 560 001, BY ITS SECRETARY.
Digitally signed by
SHARMA ANAND
CHAYA
Location: High Court
2. THE BANGALORE DEVELOPMENT AUTHORITY,
of Karnataka 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. MANJUNATH K, HCGP FOR R1;
SRI. K. KRISHNA, ADVOCATE FOR R2 AND R3)
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NC: 2024:KHC:43340
WP No. 21799 of 2021
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO-DECLARE THAT
THE NOTIFICATION BEARING
NO.BDA/COMMR/DC(LA)/10/2001-2022 DATED 14.12.2001
ISSUED (R2) U/S 17(1) AND (3) OF THE BDA ACT 1976 VIDE
ANNX-A AND THE FINAL NOTIFICATION DATED 31.10.2002
(R1) VIDE ANNX-B UNDER THE BDA ACT FOR FORMATION OF
VISWESHARAIAH LAYOUT IS LAPSED IN SO FAR AS THE
PETITIONERS LAND IS CONCERNED AS THE BDA HAS
ABANDONED THE SCHEME IN SO FAR AS PETITIONER'S LAND
IS CONCERNED AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL ORDER
In this writ petition, the petitioner is assailing the
notification dated 14.12.2001 issued under Section 17(1) and
(3) of the BDA Act, 1976 (for short 'the Act') (Annexure-A) and
the Final Notification dated 31.10.2002 issued under Section
19(1) of the Act for the formation of "Sir M.Visweswaraiah
Layout" (Annexure-B), inter alia, seeking direction to the
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respondent/BDA, that the acquisition proceedings have been
lapsed.
2. I have heard Smt. Latha Shree, learned counsel
appearing for the petitioner, Sri. Manjunath.K, learned HCGP
for respondent No.1 and Sri.K.Krishna, learned counsel
appearing for the respondent/BDA.
3. Sri. K.Krishna, learned counsel appearing for the
respondent/BDA, contended that the petitioner is a subsequent
purchaser having purchased the land in question as per the
registered sale deed dated 24.03.2007 (Annexure-C). It is also
contended by the learned counsel appearing for the
respondent/BDA that the original khatha was challenged in the
acquisition proceedings in WP.No.8859-8862/2003 and the said
writ petition was withdrawn on 16.09.2003. In this regard, the
learned counsel appearing for the petitioner invited the
attention of the Court to Annexure-H.
4. In that view of the matter, taking into consideration
that the erstwhile owner of the land in question has questioned
the very same acquisition proceedings in WP.No.8859-
8862/2003 which came to be dismissed as withdrawn on
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16.09.2003 and that apart the petitioner being a subsequent
purchaser cannot challenge the acquisition proceedings in
terms of the judgment of the Hon'ble Supreme Court in the
Case of SHIV KUMAR AND ANOTHER Vs. UNION OF INDIA
AND OTHERS reported in (2019) 10 SCC 229 and in the case
of DELHI DEVELOPMENT AUTHORITY Vs. MANPREET
SINGH AND OTHERS reported in 2023 SCC Online SC 29, I
am of the view that the subsequent purchaser of the land in
question cannot challenge the acquisition proceedings.
Accordingly, the writ petition is dismissed.
Sd/-
(E.S.INDIRESH)
JUDGE
PK
CT: BHK
