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The Commissioner vs The State Of Karnataka
2024 Latest Caselaw 25860 Kant

Citation : 2024 Latest Caselaw 25860 Kant
Judgement Date : 23 October, 2024

Karnataka High Court

The Commissioner vs The State Of Karnataka on 23 October, 2024

                                                  -1-
                                                              NC: 2024:KHC:42743
                                                             RP NO.318 OF 2024
                                                                   A/W
                                                         RP NO.320 OF 2024 AND
                                                             OTHER PETITIONS




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 23RD DAY OF OCTOBER, 2024

                                                BEFORE
                                THE HON'BLE MR. JUSTICE E.S. INDIRESH
                                   REVIEW PETITION NO.318 OF 2024
                                                 A/W
                            REVIEW PETITION NOS.320 OF 2024, 333 OF 2024,
                        346 OF 2024, 357 OF 2024, 315 OF 2024, 316 OF 2024,
                        317 OF 2024, 319 OF 2024, 321 OF 2024, 322 OF 2024,
                        324 OF 2024, 325 OF 2024, 326 OF 2024, 327 OF 2024,
                        328 OF 2024, 329 OF 2024, 330 OF 2024, 331 OF 2024,
                        332 OF 2024, 334 OF 2024, 335 OF 2024, 336 OF 2024,
                        337 OF 2024, 338 OF 2024, 339 OF 2024, 340 OF 2024,
                        341 OF 2024, 342 OF 2024, 343 OF 2024, 344 OF 2024,
                        345 OF 2024, 347 OF 2024 348 OF 2024, 349 OF 2024,
                        350 OF 2024, 351 OF 2024, 352 OF 2024, 353 OF 2024,
                              354 OF 2024, 355 OF 2024 & 356 OF 2024

                       IN RP No.318/2024

Digitally signed by    BETWEEN:
SHARMA ANAND
CHAYA
Location: High Court
of Karnataka           1.    THE COMMISSIONER
                             BANGALORE DEVELOPMENT AUTHORITY,
                             KUMARA PARK WEST,
                             BENGALURU - 560 020.

                       2.    THE LAND ACQUISITION OFFICER
                             BANGALORE DEVELOPMENT AUTHORITY,
                             CHOWDAIAH ROAD,
                             KUMARA PARK WEST,
                             BENGALURU - 560 020.
                                                                  ...PETITIONERS
                       (BY SRI. MURUGESH V. CHARATI, ADVOCATE)
                            -2-
                                     NC: 2024:KHC:42743
                                     RP NO.318 OF 2024
                                           A/W
                                 RP NO.320 OF 2024 AND
                                     OTHER PETITIONS


AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SMT. PREETHI S.
     W/O T.R. SRINIVAS,
     AGED ABOUT 44 YEARS,
     R/AT NO.149, GIRINAGAR,
     3RD STAGE, 13TH CROSS,
     BENGALURU - 560085.
                                        ...RESPONDENTS
(BY SRI. RAVINDRANATH B., AGA FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61246 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61246 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE
COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF
THE ABOVE CASE.


IN RP NO. 320 OF 2024

BETWEEN:

1.     THE COMMISSIONER,
       BANGALORE DEVELOPMENT AUTHORITY,
       KUMARA PARK WEST,
       BENGALURU - 560 020.

2.     THE LAND ACQUISITION OFFICER
       BANGALORE DEVELOPMENT AUTHORITY,
                               -3-
                                        NC: 2024:KHC:42743
                                        RP NO.318 OF 2024
                                              A/W
                                    RP NO.320 OF 2024 AND
                                        OTHER PETITIONS


       CHOWDAIAH ROAD,
       KUMARA PARK WEST,
       BENGALURU - 560 020.
                                          ...PETITIONERS

(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       BY ITS UNDER SECRETARY TO GOVERNMENT,
       URBAN DEVELOPMENT DEPARTMENT,
       VIKASA SOUDHA,
       BENGALURU - 560 001.

2.     SHASHIKALA N. PANNIGATTI
       SINCE DECEASED REP. BY LR.

2(a). VINAY KUMAR
      S/O SHASHIKALA N. PANNIGATTI,
      AGED ABOUT 35 YEARS,
      R/AT NO.280, 2ND CROSS,
      2ND MAIN, ANNAPARAMESHWARI NAGAR,
      BENGALURU - 560 091.

                                         ...RESPONDENTS
(BY SRI. RAVINDRANATH B., AGA FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2(a))

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61250 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61250 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE
COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF
THE ABOVE CASE.
                            -4-
                                        NC: 2024:KHC:42743
                                        RP NO.318 OF 2024
                                              A/W
                                    RP NO.320 OF 2024 AND
                                        OTHER PETITIONS


IN RP No. 333 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                             ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       BY ITS UNDER SECRETARY TO GOVERNMENT,
       URBAN DEVELOPMENT DEPARTMENT,
       VIKASA SOUDHA,
       BENGALURU - 560 001.

2.     N. SAVITRAMMA
       SINCE DECEASED REP. BY LR.

2(a). N. HARISH
      S/O N. SAVITHRAMMA,
      AGED ABOUT 35 YEARS,
      R/AT NO.6, 4TH MAIN,
      MARUTHINAGAR,
      CHANDRA LAYOUT,
      BENGALURU - 560 072.
                                           ...RESPONDENTS
(BY SRI. RAVINDRANATH B., AGA FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2(a))
                            -5-
                                        NC: 2024:KHC:42743
                                        RP NO.318 OF 2024
                                              A/W
                                    RP NO.320 OF 2024 AND
                                        OTHER PETITIONS


     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61230 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61230 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE
COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF
THE ABOVE CASE.


IN RP No.346 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                            ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       BY ITS UNDER SECRETARY TO GOVERNMENT,
       URBAN DEVELOPMENT DEPARTMENT,
       VIKASA SOUDHA,
       BENGALURU - 560 001.

2.     K. BORAIAH
       SINCE DECEASED REP. BY LR.

2(a). SMT. CHANDRAMMA
      W/O LATE K. BORAIAH
      AGED ABOUT 58 YEARS.
                             -6-
                                       NC: 2024:KHC:42743
                                      RP NO.318 OF 2024
                                            A/W
                                  RP NO.320 OF 2024 AND
                                      OTHER PETITIONS




2(b). SRI. SHIVAKUMAR B.
      S/O LATE K. BORAIAH
      AGED ABOUT 44 YEARS.

2(c).   SMT. ANNAPOORNA B.
        D/O LATE K. BORAIAH
        AGED ABOUT 40 YEARS.

2(d). SRI. SHIVAPRASAD B.
      S/O LATE K. BORAIAH
      AGED ABOUT 37 YEARS.
        RESPONDENTS 2(a) TO 2(d) ARE
        R/AT NO.492, 8TH CROSS,
        BASAVESHWARANAGARA,
        KOMMAGHATTA, KENGERI,
        BENGALURU - 560 060.
                                          ...RESPONDENTS
((BY SRI. RAVINDRANATH B., AGA FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2(a) to (d))


     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61227 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61227 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE
COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF
THE ABOVE CASE.

IN RP No.357/2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                          -7-
                                     NC: 2024:KHC:42743
                                    RP NO.318 OF 2024
                                          A/W
                                RP NO.320 OF 2024 AND
                                    OTHER PETITIONS




2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU -560 020.
                                            ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:


1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SRI. S. THIMMAIAH
     S/O LATE CHENNAGIRAYA,
     AGED ABOUT 65 YEARS,
     R/O MOTEGONDANAHAPALYA,
     TIGGIGUPPA POST,
     BENGALURU - 562 120.
                                          ...RESPONDENTS
(BY SRI. RAVINDRANATH B., AGA FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61209 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61209 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE
COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF
THE ABOVE CASE.
                             -8-
                                      NC: 2024:KHC:42743
                                      RP NO.318 OF 2024
                                            A/W
                                  RP NO.320 OF 2024 AND
                                      OTHER PETITIONS




IN RP No.315 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU -560 020.
                                            ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SRI. M.J. SRIKANT
     S/O M. GURURAJACHAR
     AGED ABOUT 44 YEARS,
     D.NO. 265, 4TH MAIN,
     7TH CROSS, SRINAGAR,
     BENGALURU - 560 050.
                                          ...RESPONDENTS
(BY SRI. RAVINDRANATH B., AGA FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
                             -9-
                                      NC: 2024:KHC:42743
                                      RP NO.318 OF 2024
                                            A/W
                                  RP NO.320 OF 2024 AND
                                      OTHER PETITIONS


FEBRUARY, 2017 IN WRIT PETITION NO.61219 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61219 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE
COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF
THE ABOVE CASE.


IN RP No.316/2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                            ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SMT. SHIVAMMA
     W/O N. MARIYAPPA
     AGED ABOUT 68 YEARS,
     D. NO.22, R.P.C. LAYOUT,
     VIJAYANAGAR,
     BENGALURU - 560 040.
                                          ...RESPONDENTS
(BY SRI. RAVINDRANATH B., AGA FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)
                          - 10 -
                                      NC: 2024:KHC:42743
                                      RP NO.318 OF 2024
                                            A/W
                                  RP NO.320 OF 2024 AND
                                      OTHER PETITIONS


     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61210 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61210 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE
COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF
THE ABOVE CASE.


IN RP No. 317 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                          ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:


1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   NAVEEN KUMAR
     S/O MALLESHAPPA,
     AGED ABOUT 36 YEARS,
     NO.280, VENKATESHWARA NILAYA,
                           - 11 -
                                       NC: 2024:KHC:42743
                                       RP NO.318 OF 2024
                                             A/W
                                   RP NO.320 OF 2024 AND
                                       OTHER PETITIONS


     2ND CROSS, 2ND MAIN,
     ANNAPURNESHWARINAGAR,
     RAJAJINAGAR, HOUSING SOCIETY LAYOUT,
     BENGALURU - 560 091.
                                          ...RESPONDENTS
(BY SRI. RAVINDRANATH B., AGA FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61223 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61223 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE
COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF
THE ABOVE CASE.


IN RP No.319/2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                            ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
                             - 12 -
                                         NC: 2024:KHC:42743
                                         RP NO.318 OF 2024
                                               A/W
                                     RP NO.320 OF 2024 AND
                                         OTHER PETITIONS


     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SMT. A.K. SULOCHANA
     W/O A.N. KRISHNA RAO,
     AGED ABOUT 66 YEARS,
     R/AT D.NO.104, J.P. NAGAR,
     4TH PHASE, 16TH CROSS,
     BENGALURU - 560 078.
                                            ...RESPONDENTS
(BY SRI. RAVINDRANATH B., AGA FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)


     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61251 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61251 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE
COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF
THE ABOVE CASE.

IN RP No.321/2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                               ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)
                          - 13 -
                                      NC: 2024:KHC:42743
                                      RP NO.318 OF 2024
                                            A/W
                                  RP NO.320 OF 2024 AND
                                      OTHER PETITIONS


AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   G. ROOPASHREE
     W/O GOPIKUMAR,
     AGED ABOUT 46 YEARS,
     R/AT NO.117, ASHOK ROAD,
     MYSURU - 570 001.
                                            ...RESPONDENTS
(BY SRI. RAVINDRANATH B., AGA FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61236 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61236 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.322 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
                              - 14 -
                                          NC: 2024:KHC:42743
                                          RP NO.318 OF 2024
                                                A/W
                                      RP NO.320 OF 2024 AND
                                          OTHER PETITIONS


     KUMARA PARK WEST,
     BENGALURU -560 020.
                                                ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SMT. YASHODHAMMA
     W/O C. KEMPAIAH
     AGED ABOUT 52 YEARS,
     R/O NO.43, 2ND CROSS,
     2ND MAIN, AVALAHALLI,
     MYSURU ROAD,
     BENGALURU - 560026.
                                              ...RESPONDENTS
(BY SRI. RAVINDRANATH B., AGA FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61231 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61231 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.324/2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
                             - 15 -
                                         NC: 2024:KHC:42743
                                         RP NO.318 OF 2024
                                               A/W
                                     RP NO.320 OF 2024 AND
                                         OTHER PETITIONS


     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                               ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SRI. HONNAMALLAIAH
     S/O B.M. MALLAIAH
     AGED ABOUT 55 YEARS
     R/AT BHAMARA NILAYA,
     NO.201/3, 3RD AND 4TH CORNERVERYS,
     4TH CROSS, 4TH MAIN,
     CHAMRAJPET,
     BENGALURU - 560 018.
                                             ...RESPONDENTS
(BY SRI. RAVINDRANATH B., AGA FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61237 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61237 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.
                          - 16 -
                                       NC: 2024:KHC:42743
                                       RP NO.318 OF 2024
                                             A/W
                                   RP NO.320 OF 2024 AND
                                       OTHER PETITIONS


IN RP No.325 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.


2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                             ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   ASHOKGOWDA M. PATIL
     S/O MALLIKARJUNA GOWDA
     AGED ABOUT 56 YEARS,
     R/AT NO.46, VIDYARANYAPURA,
     1ST BLOCK, H.M.T. LAYOUT,
     BENGALURU - 560 097.
                                            ...RESPONDENTS
(BY SRI. RAVINDRANATH B., AGA FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
                           - 17 -
                                       NC: 2024:KHC:42743
                                       RP NO.318 OF 2024
                                             A/W
                                   RP NO.320 OF 2024 AND
                                       OTHER PETITIONS


THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61226 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61226 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.326 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU -560 020.
                                             ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SRI. N.P. RAJAGOPAL,
     S/O S.S. PRAHLADA RAO,
     AGED ABOUT 58 YEARS
     NO.313, VBH COMPLEX
     2ND 'A' CROSS,
     GIRINAGAR 1ST STAGE,
     BENGALURU - 560085.
                          - 18 -
                                      NC: 2024:KHC:42743
                                      RP NO.318 OF 2024
                                            A/W
                                  RP NO.320 OF 2024 AND
                                      OTHER PETITIONS


                                            ...RESPONDENTS
(BY SRI. RAVINDRANATH B., AGA FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61218 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61218 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.327 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU -560 020.
                                             ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.
                           - 19 -
                                       NC: 2024:KHC:42743
                                       RP NO.318 OF 2024
                                             A/W
                                   RP NO.320 OF 2024 AND
                                       OTHER PETITIONS


2.   SRI. T.B. RAGHUPRASAD
     S/O J.C. BHIMAIAH,
     AGED ABOUT 52 YEARS,
     R/O NO.57, 2ND MAIN,
     12TH CROSS, MILK COLONY,
     BENGALURU - 560 055.
                                            ...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61212 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61212 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.




IN RP No.328 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU -560 020.
                                             ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)
                            - 20 -
                                        NC: 2024:KHC:42743
                                        RP NO.318 OF 2024
                                              A/W
                                    RP NO.320 OF 2024 AND
                                        OTHER PETITIONS


AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SRI. K. PRAKASH
     S/O E. KRISHNAMURTHY,
     AGED ABOUT 37 YEARS
     NO.20, 7TH MAIN, 7TH CROSS,
     SUBBANNA GARDEN,
     VIJAYANAGAR,
     BENGALURU - 560 040.
                                            ...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61216 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61216 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.329 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
                            - 21 -
                                           NC: 2024:KHC:42743
                                        RP NO.318 OF 2024
                                              A/W
                                    RP NO.320 OF 2024 AND
                                        OTHER PETITIONS


     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU -560 020.
                                                 ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SHIVAKUMAR
     S/O GADIGEPPAGOWDA,
     AGED ABOUT 48 YEARS,
     NO.44, C/O GANGADHARAIAH,
     9TH MAIN, 2ND CROSS, R.P.C. LAYOUT,
     VIJAYANAGAR,
     BENGALURU - 560 040.
                                               ...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61222 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61222 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.330 OF 2024

BETWEEN:
                          - 22 -
                                      NC: 2024:KHC:42743
                                      RP NO.318 OF 2024
                                            A/W
                                  RP NO.320 OF 2024 AND
                                      OTHER PETITIONS




1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU -560 020.
                                             ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SHIVARAJ
     S/O VEERAPPA,
     AGED ABOUT 52 YEARS,
     NO.1418, 2ND CROSS ROAD,
     K.E.B. ROAD, GOVINDARAJANAGAR,
     BENGALURU - 560 079.
                                            ...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61224 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61224 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
                          - 23 -
                                      NC: 2024:KHC:42743
                                      RP NO.318 OF 2024
                                            A/W
                                  RP NO.320 OF 2024 AND
                                      OTHER PETITIONS


ABOVE CASE.


IN RP No. 331 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU -560 020.
                                             ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   DR. LALITHA
     W/O VENKATESH,
     AGED ABOUT 47 YEARS
     R/AT RAJAJINAGAR V BLOCK,
     BASYHAM CIRCLE, METERNITY HOSPITAL,
     DOCTOR QUARTERS,
     BENGALURU - 560 010.
                                            ...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)
                               - 24 -
                                           NC: 2024:KHC:42743
                                           RP NO.318 OF 2024
                                                 A/W
                                       RP NO.320 OF 2024 AND
                                           OTHER PETITIONS


     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61245 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61245 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No. 332 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                                 ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SMT. SUNANDA
     W/O CHIKKACHENNA,
     AGED ABOUT 51 YEARS,
     R/AT KARWAR ROAD,
     T.R. LANE, KEB LAYOUT,
     HUBLI - 560 024.
                                               ...RESPONDENTS
                          - 25 -
                                      NC: 2024:KHC:42743
                                      RP NO.318 OF 2024
                                            A/W
                                  RP NO.320 OF 2024 AND
                                      OTHER PETITIONS


(BY SRI. MANJUNATH K., HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61243 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61243 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.334 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU -560 020.
                                            ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SMT. B.M. CHANDRAKALA
                          - 26 -
                                      NC: 2024:KHC:42743
                                      RP NO.318 OF 2024
                                            A/W
                                  RP NO.320 OF 2024 AND
                                      OTHER PETITIONS


     D/O N. MARIYAPPA,
     AGED ABOUT 46 YEARS
     R/AT TRINETRA NILAYA,
     NO.2, 1ST MAIN ROAD,
     R.P.C. LAYOUT,
     VIJAYANAGAR 2ND STAGE,
     BENGALURU - 560 040.
                                            ...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)


     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61254 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61254 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.




IN RP No.335 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU -560 020.
                                             ...PETITIONERS
                          - 27 -
                                        NC: 2024:KHC:42743
                                      RP NO.318 OF 2024
                                            A/W
                                  RP NO.320 OF 2024 AND
                                      OTHER PETITIONS


(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SOMASHEKHAR B.
     S/O LATE BASAVARAJAPPA,
     AGED ABOUT 38 YEARS,
     R/O D.NO. 301, MANJUNATHA NAGAR,
     2ND STAGE, 11TH CROSS ROAD,
     BENGALURU - 560 010.
                                            ...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61229 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61229 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.336 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                          - 28 -
                                      NC: 2024:KHC:42743
                                      RP NO.318 OF 2024
                                            A/W
                                  RP NO.320 OF 2024 AND
                                      OTHER PETITIONS


2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU -560 020.
                                             ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   NARAYANASWAMY
     S/O LATE G. MUNISWAMY,
     AGED ABOUT 61 YEARS,
     R/AT NO.21, 4TH MAIN,
     2ND CROSS, SHAMANNAGOWDA LAYOUT,
     SARASWATHIPURAM, ULSOOR,
     BENGALURU - 560 008.
                                            ...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61240 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61240 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.

IN RP No. 337 OF 2024

BETWEEN:
                            - 29 -
                                        NC: 2024:KHC:42743
                                        RP NO.318 OF 2024
                                              A/W
                                    RP NO.320 OF 2024 AND
                                        OTHER PETITIONS




1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                              ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SRI. BHAVANJI N. PATEL
     S/O NARAYANA B. PATEL
     AGED ABOUT 56 YEARS,
     R/AT NO.38, D.R. HALLI,
     NAYANDANAHALLI POST,
     MYSURU ROAD,
     BENGALURU - 560 039.
                                            ...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61208 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61208 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
                           - 30 -
                                       NC: 2024:KHC:42743
                                       RP NO.318 OF 2024
                                             A/W
                                   RP NO.320 OF 2024 AND
                                       OTHER PETITIONS


DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No. 338 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                             ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SMT. LAKSHMAMMA
     W/O B. UMESH
     AGED ABOUT 40 YEARS,
     R/AT NO.17, 3RD CROSS,
     7TH MAIN ROAD,
     VIJAYANAGAR,
     BENGALURU - 560 040.
                                            ...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)
                           - 31 -
                                       NC: 2024:KHC:42743
                                       RP NO.318 OF 2024
                                             A/W
                                   RP NO.320 OF 2024 AND
                                       OTHER PETITIONS


     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61242 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61242 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.339 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                             ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SMT. SUNANDAMMA
     W/O M.C. ASHWAT,
     AGED ABOUT 54 YEARS
     R/AT MYSORE CIRCLE,
     POLICE QUARTERS, N.R.199,
     BENGALURU - 560 018.
                          - 32 -
                                      NC: 2024:KHC:42743
                                      RP NO.318 OF 2024
                                            A/W
                                  RP NO.320 OF 2024 AND
                                      OTHER PETITIONS


                                            ...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61247 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61247 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.340 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                             ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.
                            - 33 -
                                        NC: 2024:KHC:42743
                                        RP NO.318 OF 2024
                                              A/W
                                    RP NO.320 OF 2024 AND
                                        OTHER PETITIONS


2.   MAYANLAL N. PATEL
     S/O NANJI PATEL,
     AGED ABOUT 51 YEARS,
     R/AT NO.38, D.R. HALLI,
     NAYANDANAHALLI POST,
     MYSURU ROAD,
     BENGALURU - 560 039.
                                            ...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61225 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61225 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No. 341 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU -560 020.
                                              ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:
                           - 34 -
                                       NC: 2024:KHC:42743
                                       RP NO.318 OF 2024
                                             A/W
                                   RP NO.320 OF 2024 AND
                                       OTHER PETITIONS


1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBANDEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SRI. B. YATHIRAJU
     S/O A.T. BHASKARACHARYA,
     AGED ABOUT 64 YEARS
     R/AT COTTONPETE,
     NEAR HEAD POST OFFICE,
     CHIKKANAYAKANAHALLI,
     TUMKUR DISTRICT - 572 101.
                                            ...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61238 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61238 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.
IN RP No.342 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU -560 020.
                           - 35 -
                                       NC: 2024:KHC:42743
                                       RP NO.318 OF 2024
                                             A/W
                                   RP NO.320 OF 2024 AND
                                       OTHER PETITIONS


                                             ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SMT. J. VASANTHAMMA
     W/O JAYARAM,
     AGED ABOUT 49 YEARS,
     R/AT NO.290, 15TH MAIN ROAD,
     VEERABHANDRA NAGAR,
     BSK 3RD STAGE, 100 FEET ROAD,
     BENGALURU - 560 085.
                                            ...RESPONDENTS
(BY SMT. RASHMI M. RAO, HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61232 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61232 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.343 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
                             - 36 -
                                         NC: 2024:KHC:42743
                                         RP NO.318 OF 2024
                                               A/W
                                     RP NO.320 OF 2024 AND
                                         OTHER PETITIONS


     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                               ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   A.P. SUDHA KOM SHIVARAJ
     AGED ABOUT 37 YEARS
     R/O NO.20/A, 4TH CROSS,
     BAPUJINAGAR,
     BENGALURU - 560 026.
                                             ...RESPONDENTS
(BY SMT. RASHMI M. RAO, HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61214 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61214 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.344 OF 2024

BETWEEN:
                           - 37 -
                                       NC: 2024:KHC:42743
                                       RP NO.318 OF 2024
                                             A/W
                                   RP NO.320 OF 2024 AND
                                       OTHER PETITIONS




1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                             ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SMT. N. LATADEVI
     W/O A.M. MAHADEV
     AGED ABOUT 44 YEARS,
     R/AT D.NO.48/1, 1ST MAIN ROAD,
     SRIRANGA NAGAR,
     BSK 3RD STAGE, RING ROAD,
     BENGALURU - 560 085
                                            ...RESPONDENTS
(BY SMT. RASHMI M. RAO, HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61233 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61233 OF
2016 THE SAID ORDER AND GRANT SUCH OTHER RELIEF AS
                           - 38 -
                                          NC: 2024:KHC:42743
                                       RP NO.318 OF 2024
                                             A/W
                                   RP NO.320 OF 2024 AND
                                       OTHER PETITIONS


THIS HON'BLE COURT DEEMS FIT UNDER THE FACTS AND
CIRCUMSTANCE OF THE ABOVE CASE.


IN RP No. 345 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU -560 020.
                                                ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SMT. K.R. ANITHA
     W/O K.S. RAJSHEKHAR,
     AGED ABOUT 48 YEARS,
     R/AT NO.144/2, 20TH 'B' MAIN ROAD,
     1ST R BLOCK, WEST OF CHORD ROAD,
     RAJAJINAGAR,
     BENGALURU - 560 010.
                                              ...RESPONDENTS
(BY SMT. RASHMI M. RAO, HCGP FOR R1;
 SRI. KUMAR DYAVAPATNA, ADVOCATE FOR R2)
                             - 39 -
                                         NC: 2024:KHC:42743
                                         RP NO.318 OF 2024
                                               A/W
                                     RP NO.320 OF 2024 AND
                                         OTHER PETITIONS


     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61239 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61239 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.347 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU -560 020.
                                               ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   VEERANNA GANJI
     S/O SHIVAPPA GANJI,
     AGED ABOUT 49 YEARS,
     AND SMT. MANJULA
     W/O VEERANNA GANJI,
                          - 40 -
                                      NC: 2024:KHC:42743
                                      RP NO.318 OF 2024
                                            A/W
                                  RP NO.320 OF 2024 AND
                                      OTHER PETITIONS


     AGED ABOUT 42 YEARS,
     NO.14, SAVITRI NILAYA,
     4TH MAIN ROAD, NAGAPPA BLOCK,
     BENGALURU - 560 021.
                                            ...RESPONDENTS
(BY SMT. RASHMI M. RAO, HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61221 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61221 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.348 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.


2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                             ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
                            - 41 -
                                        NC: 2024:KHC:42743
                                        RP NO.318 OF 2024
                                              A/W
                                    RP NO.320 OF 2024 AND
                                        OTHER PETITIONS


     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SRI. SHASHIDHAR M.S.
     S/O M.S. SITARAM,
     AGED ABOUT 32 YEARS,
     R/O NO.45-5/1, 6TH CROSS,
     3RD BLOCK, JAYANAGAR,
     BENGALURU - 560 011
                                            ...RESPONDENTS
(BY SMT. RASHMI M. RAO, HCGP FOR R1;
 R2 - SERVED)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61215 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61215 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.349 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU -560 020.
                                              ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)
                          - 42 -
                                       NC: 2024:KHC:42743
                                      RP NO.318 OF 2024
                                            A/W
                                  RP NO.320 OF 2024 AND
                                      OTHER PETITIONS


AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SRI. MARAIAH
     S/O THIMMADASAIAH,
     AGED ABOUT 53 YEARS,
     R/AT NO.06, CORPORATION LAYOUT,
     KASTURBA NAGAR,
     BENGALURU - 560 026C.
                                            ...RESPONDENTS
(BY SMT. RASHMI M. RAO, HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61235 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61235 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.350 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
                             - 43 -
                                         NC: 2024:KHC:42743
                                         RP NO.318 OF 2024
                                               A/W
                                     RP NO.320 OF 2024 AND
                                         OTHER PETITIONS


     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                               ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SMT. KUM LAKSHMI
     W/O M.S. RAJAN
     AGED ABOUT 43 YEARS,
     R/AT NO.50, KSRTC COLONY,
     HANUMANTHANAGAR, BANNIMATAP,
     BENGALURU - 560 015.
                                             ...RESPONDENTS
(BY SMT. RASHMI M. RAO, HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61252 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61252 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.

IN RP No. 351 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
                             - 44 -
                                         NC: 2024:KHC:42743
                                         RP NO.318 OF 2024
                                               A/W
                                     RP NO.320 OF 2024 AND
                                         OTHER PETITIONS


     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                               ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SMT. MANJULA
     W/O M. SHIVARAJ
     AGED ABOUT 40 YEARS,
     R/AT KENGERI UPANAGAR,
     IN FRONT OF C.O.D. QUARTERS,
     2ND CROSS, 1ST MAIN,
     VINAYAKANAGAR,
     BENGALURU - 560 060.
                                             ...RESPONDENTS
(BY SMT. RASHMI M. RAO, HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61244 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61244 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.
                           - 45 -
                                       NC: 2024:KHC:42743
                                       RP NO.318 OF 2024
                                             A/W
                                   RP NO.320 OF 2024 AND
                                       OTHER PETITIONS


IN RP No. 352 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                             ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   DR. M. BASAVARAJAYYA
     S/O M. KOTRABASAYYA
     AGED ABOUT 67 YEARS,
     NO.229, 5TH 'D' MAIN,
     HRB LAYOUT, 2ND STAGE,
     BENGALURU - 560 043.
                                            ...RESPONDENTS
(BY SMT. RASHMI M. RAO, HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61220 OF 2016 AND
                           - 46 -
                                        NC: 2024:KHC:42743
                                        RP NO.318 OF 2024
                                              A/W
                                    RP NO.320 OF 2024 AND
                                        OTHER PETITIONS


CONSEQUENTLY RESTORE THE WRIT PETITION NO.61220 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.353 OF 2024

BETWEEN:
1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                              ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SMT. JAYASHREE B.H.
     W/O S. PRASANNA KUMAR,
     AGED ABOUT 43 YEARS,
     R/AT D.NO.875/2, 10TH CROSS,
     1ST MAIN, RBI LAYOUT EAST,
     J.P. NAGAR, 7TH PHASE,
     BENGALURU - 560 078.
                                            ...RESPONDENTS
(BY SMT. RASHMI M. RAO, HCGP FOR R1;
SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)
                             - 47 -
                                         NC: 2024:KHC:42743
                                         RP NO.318 OF 2024
                                               A/W
                                     RP NO.320 OF 2024 AND
                                         OTHER PETITIONS




     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61217 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61217 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.354 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                               ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   N. HARISH
     S/O E. NARAYAN,
     AGED ABOUT 47 YEARS,
     CHANDRA LAYOUT,
                          - 48 -
                                      NC: 2024:KHC:42743
                                      RP NO.318 OF 2024
                                            A/W
                                  RP NO.320 OF 2024 AND
                                      OTHER PETITIONS


     MARUTINAGAR, 4TH CROSS,
     DOOR NO.6,
     BENGALURU - 560 072.
                                            ...RESPONDENTS
(BY SMT. RASHMI M. RAO, HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61228 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61228 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.

IN RP No.355 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.

2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU -560 020.
                                             ...PETITIONERS
(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
                             - 49 -
                                         NC: 2024:KHC:42743
                                         RP NO.318 OF 2024
                                               A/W
                                     RP NO.320 OF 2024 AND
                                         OTHER PETITIONS


     BENGALURU - 560 001.

2.   SRI. H.K. PUTTASWAMY
     S/O KARIYAPPA
     AGED ABOUT 56 YEARS,
     NALLAHALLI DODDI VILLAGE,
     YELAGALLI POST,
     KANAKAPURA TALUK,
     RAMANAGARA DISTRICT - 562 117.

                                             ...RESPONDENTS
(BY SMT. RASHMI M. RAO, HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61211 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61211 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.


IN RP No.356 OF 2024

BETWEEN:

1.   THE COMMISSIONER
     BANGALORE DEVELOPMENT AUTHORITY,
     KUMARA PARK WEST,
     BENGALURU - 560 020.


2.   THE LAND ACQUISITION OFFICER,
     BANGALORE DEVELOPMENT AUTHORITY,
     T. CHOWDAIAH ROAD,
     KUMARA PARK WEST,
     BENGALURU - 560 020.
                                               ...PETITIONERS
                          - 50 -
                                      NC: 2024:KHC:42743
                                      RP NO.318 OF 2024
                                            A/W
                                  RP NO.320 OF 2024 AND
                                      OTHER PETITIONS


(BY SRI. MURUGESH V. CHARATI, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY ITS UNDER SECRETARY TO GOVERNMENT,
     URBAN DEVELOPMENT DEPARTMENT,
     VIKASA SOUDHA,
     BENGALURU - 560 001.

2.   SRINIVAS
     S/O GANGARANGAIAH,
     AGED ABOUT 33 YEARS,
     R/AT MOTEGOWDANAPALYA,
     TATTIGUPPE POST, MAGADI TALUK,
     BENGALURU - 562 120.
                                            ...RESPONDENTS


(BY SMT. RASHMI M. RAO, HCGP FOR R1;
 SRI. M.R. RAJAGOPAL, SENIOR ADVOCATE FOR
 SRI. H.N. BASAVARAJU, ADVOCATE FOR R2)

     THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF THE CIVIL PROCEDURE CODE, PRAYING TO REVIEW
THE ORDER PASSED BY THIS HON'BLE COURT DATED 03RD
FEBRUARY, 2017 IN WRIT PETITION NO.61234 OF 2016 AND
CONSEQUENTLY RESTORE THE WRIT PETITION NO.61234 OF
2016 AND GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT
DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE
ABOVE CASE.

    THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:


CORAM:   HON'BLE MR. JUSTICE E.S. INDIRESH
                               - 51 -
                                             NC: 2024:KHC:42743
                                           RP NO.318 OF 2024
                                                 A/W
                                       RP NO.320 OF 2024 AND
                                           OTHER PETITIONS


                         ORAL ORDER

These Review Petitions are filed by the petitioner-

Bangalore Development Authority seeking review of the order

dated 03rd February, 2017 passed in Writ Petition No.61208 of

2016 and connected petitions.

2. In view of delay of 2710 days in filing the Review

Petitions, the petitioner-Bangalore Development Authority has

filed application IA.1 of 2024, seeking leave of the Court to

condone the delay in filing the Review Petitions.

3. Heard learned counsel appearing for the parties.

4. Sri. Murgesh V. Charati, learned counsel appearing for

the petitioner-Bangalore Development Authority invited the

attention of the Court to the reasons stated in the affidavit

annexed to the application IA.1 of 2024 filed under Section 5 of

the Limitation Act for condonation of delay in filing the Review

Petitions and argued that, in the event, if the delay is not

condoned in filing these Review Petitions, the petitioner-

Bangalore Development Authority would be put to hardship. He

further invited attention of the Court to paragraph 4 of the

order dated 03rd February, 2017 passed in Writ Petition

- 52 -

NC: 2024:KHC:42743 RP NO.318 OF 2024 A/W RP NO.320 OF 2024 AND OTHER PETITIONS

No.61208 of 2016 and connected petitions and argued that,

this Court was pleased to dispose of the writ petitions placing

reliance on the judgment of this Court passed in the case of

JAYALAKSHMI vs. THE STATE OF KARNATAKA AND

OTHERS made in Writ Petition No.8004 of 2010 decided on

10th December, 2013, wherein, this Court accepting the memo

filed by the Bangalore Development Authority, disposed of the

above writ petition by directing the State Government to take

appropriate action in the matter in the light of the

recommendation made by the Bangalore Development

Authority.

5. It is also emphasised by Sri. Murugesh V. Charati,

learned counsel that, this Court has committed an error while

disposing the batch of writ petitions which are under review, by

quashing the Preliminary and Final Notifications as the case of

the parties in Writ Petition No.8004 of 2010 is not the same

and as such, sought for interference of this Court.

6. In order to buttress his arguments for condonation of

delay in filing the Review Petitions, Sri. Murugesh V. Charati

places reliance on the judgment of Hon'ble Supreme Court in

- 53 -

NC: 2024:KHC:42743 RP NO.318 OF 2024 A/W RP NO.320 OF 2024 AND OTHER PETITIONS

the case of COLLECTOR, LAND ACQUISTION, ANANTNAG

AND ANOTHER vs. MST. KATIJI AND OTHERS reported in

AIR 1987 SC 1353 and argued that, a substantial injustice

would be caused to the petitioner-Bangalore Development

Authority, if the delay is not condoned by this Court and on the

other hand, equal treatment may not be extended to the land

owners in the guise of order impugned in these Review

Petitions. Accordingly, he sought for interference of this Court.

7. Per contra. Sri. M.R. Rajagopal, learned Senior

Counsel on behalf of Sri. H.N. Basavaraju, appearing for private

respondents invited the attention of the Court to the

explanation offered by the deponent in the affidavit annexed to

the application filed for condonation of delay and pointed out

that the Review Petitioner-Bangalore Development Authority

had not given sufficient cause to condone the inordinate delay

of more than seven years and as such, sought for dismissal of

the applications on the ground of delay.

8. Learned Senior Counsel Sri. M.R. Rajagopal, appearing

for private respondents, by placing the reliance on the

judgment of Hon'ble Supreme Court in the case of PATHAPATI

- 54 -

NC: 2024:KHC:42743 RP NO.318 OF 2024 A/W RP NO.320 OF 2024 AND OTHER PETITIONS

SUBBA REDDY (DIED) BY L.Rs. & OTHERS vs. THE

SPECIAL DEPUTY COLLECTOR (LA) made in Special Leave

Petition (Civil) No.31248 of 2018, invited the attention of the

Court to guidelines laid down by Hon'ble Supreme Court in

respect of taking decision on the application filed under Section

5 of the Limitation Act. Learned Senior Counsel also submitted

that the merits of the case are not the basis to condone the

inordinate delay of seven years in challenging the impugned

order and the application for condonation of delay has to be

decided on the parameters laid down for condoning the delay

for the reasons setout in the affidavit. According, learned

Senior Counsel sought for dismissal of the application and,

consequently the Review Petitions.

9. Learned Additional Government Advocate appearing

for the respondent-Government argued for disposal of review

petitions.

10. In the light of the submission made by the learned

counsel appearing for the parties, it is not in dispute that there

is a delay of 2710 days in filing the Review Petitions. It is well

settled principle of law that the delay has to be construed

- 55 -

NC: 2024:KHC:42743 RP NO.318 OF 2024 A/W RP NO.320 OF 2024 AND OTHER PETITIONS

liberally in the event, the hardship would be caused to the

litigant, so also, the reasons setout in the affidavit

accompanying application construed as 'sufficient cause" under

Section 5 of the Limitation Act.

11. Paragraphs 4 and 5 of the affidavit annexed to the

application said to have been filed by the Additional Land

Acquisition Officer, Bangalore Development Authority reads as

under:

"4. I submit that that one Sri. M. Honnamallaiah and B.M. Chandrakala filed OS NO.983/2024 and OS 984/2024 before the Hon'ble City Civil Court at Bengaluru and the Hon'ble City Civil Court granted an exparte injunction order restraining the BDA and its officers from interfering with the construction activities being carried out by them. In the above mentioned suits, the plaintiffs in the suit have produced the copy of the order passed by this Hon'ble Court in WP 61246/2016. The Panel Advocate who is representing the BDA addressed a letter dated 23.07.2024 which was received by the Law Section 24.07.2024 informed that as per the order passed by this Hon'ble Court in the present writ petition, the notifications have been quaashed. It is only then, the Law Section of the BDA realized about the order passed by this Hon'ble Court. Immediately the file was processed, the order copy was downloaded from the Website and an opinion of

- 56 -

NC: 2024:KHC:42743 RP NO.318 OF 2024 A/W RP NO.320 OF 2024 AND OTHER PETITIONS

the Law Officer taken and as per the opinion of the Law officer, the present Advocate was instructed to file a Review Petition seeking for review of the order passed by the learned Single Judge.

5. I submit that till the Panel Advocate who is representing the BDA in OS 983/2024 and OS 984/2024 informed the Law Section about the disposal of the Writ Petition, the Law Section was not aware of the disposal as the same was not informed by the Advocate whose name is shown in the order copy. Hence, there is a delay in filing the present Review Petition. Immediately upon coming to know about the order passed by the learned Single Judge, steps have been taken for seeking a review of the order passed by the learned Single Judge."

12. On perusal of the reasons stated at paragraphs 4 and

5 of the affidavit, the civil suits are pending consideration

before the competent Civil Court and it is not in dispute that

those suits are filed during the year-2024. Except the said

explanation offered thereunder, no explanation has been made

out in the affidavit to condone the delay of more than seven

days in filing the Review Petitions.

13. Though the learned counsel Sri. Murugesh V. Charati

appearing for the Review Petitioners argued on merits as well

as placing reliance on the judgment of Hon'ble Supreme Court

- 57 -

NC: 2024:KHC:42743 RP NO.318 OF 2024 A/W RP NO.320 OF 2024 AND OTHER PETITIONS

in the case of MST. KATIJI (supra), however, recently the

Supreme Court, after considering the entire gamet of law

relating to the law of limitation in the case of PATHAPATI

SUBBA REDDY (supra), at paragraph 26 observed as follows:

"26. On a harmonious consideration of the provisions of the law, as aforesaid, and the law laid down by this Court, it is evident that:

(i) Law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself;

(ii) A right or the remedy that has not been exercised or availed of for a long time must come to an end or cease to exist after a fixed period of time;

(iii) The provisions of the Limitation Act have to be construed differently, such as Section 3 has to be construed in a strict sense whereas Section 5 has to be construed liberally;

(iv) In order to advance substantial justice, though liberal approach, justice-oriented approach or cause of substantial justice may be kept in mind but the same cannot be used to defeat the substantial law of limitation contained in Section 3 of the Limitation Act;

- 58 -

NC: 2024:KHC:42743 RP NO.318 OF 2024 A/W RP NO.320 OF 2024 AND OTHER PETITIONS

(v) Courts are empowered to exercise discretion to condone the delay if sufficient cause had been explained, but that exercise of power in discretionary in nature and may not be exercised even if sufficient cause is established for various factors such as, where there is inordinate delay, negligence and want to due diligence;

(vi) Merely some persons obtained relief in similar matter, it does not mean that others are also entitled to the same benefit if the court is not satisfied with the cause shown for the delay in filing the appeal;

(vii) Merits of the case are not required to be considered in condoning the delay; and

(viii) Delay condonation application has to be decided on the parameters laid down for condoning the delay and condoning the delay for the reason that the conditions have been imposed, tantamounts to disregarding the statutory provision."

14. Having taken note of the law declared by Hon'ble

Supreme Court in the case of PATHAPATI SUBBA REDDY

(supra) at paragraph 26 that, the merits of the case are not to

be considered while considering the application filed under

Section 5 of the Limitation Act unless the substantial injustice

caused and that apart, accepting the application filed under

- 59 -

NC: 2024:KHC:42743 RP NO.318 OF 2024 A/W RP NO.320 OF 2024 AND OTHER PETITIONS

Section 5 of the Limitation Act is a discretionary in nature as

observed above. The reasons setout in the affidavit annexed to

the application cannot be considered as sufficient cause for

condoning the delay of nearly seven years in filing the present

Review Petitions.

15. It is pertinent to mention here that the Division

Bench of Jharkhand High Court, Bench at Ranchi, in the case of

STATE OF JHARKHAND AND OTHERS vs. SHOBHA SINGH

reported in 2024 SCC Online JHAR 1480, had exhaustively

considered the law relating to accepting the application filed

under Section 5 of the Limitation Act and dismissed the appeal,

wherein, there is delay of 124 days in filing the appeal.

Though, I am well aware of the fact that there cannot be a

straight jacket formula for accepting or rejecting the

explanation furnished for delay in the affidavit filed by the

petitioner-Bangalore Development Authority, however, the

negligence on the part of the Officer of the Review Petitioner-

Bangalore Development Authority is to be considered as it is

evident from the statement of objections filed by the private

respondents, wherein the private respondents have stated that

- 60 -

NC: 2024:KHC:42743 RP NO.318 OF 2024 A/W RP NO.320 OF 2024 AND OTHER PETITIONS

they have filed representation dated 15th March, 2017 and

brought to the notice of the Review Petitioner-Bangalore

Development Authority about the disposal of Writ Petition

No.61208 of 2016 and connected petitions. Even, if the

arguments advanced by learned counsel appearing for Review

Petitioners that the fair opportunity has not been extended

while disposing of the writ petitions, however, there was a

possibility for the Officers of Bangalore Development Authority

to apply their mind in a manner known to law, while

considering application dated 15th March, 2017. In that view of

the matter, the negligence on the part of the Officers of the

Review Petitioner-Bangalore Development Authority is self

explanatory and no steps have been taken to file the

appropriate petition/appeal against the impugned order passed

in the writ petitions, which is under review in the Review

Petitions.

16. It is also pertinent to mention here that, it is not the

length of delay but cause of delay plays a vital role in

considering the application filed under Section 5 of the

Limitation Act. Even on that score, as the Review Petitioners

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NC: 2024:KHC:42743 RP NO.318 OF 2024 A/W RP NO.320 OF 2024 AND OTHER PETITIONS

have not taken decision immediately after receipt of

representation made by the private respondents herein and on

the other hand, it is argued at Bar that the private respondents

have constructed houses and are in a settled position and

therefore, in the event, if the application made by the Review

Petitioners is accepted on the sole ground that the acquisition

proceedings have been quashed by this Court in the impugned

order, the private respondents who were with the dreams of

living in the constructed houses under the impression that the

Review Petitioner-Bangalore Development Authority has

dropped the acquisition proceedings would be put to more

hardship, which cannot be disturbed after seven years. In that

view of the matter, I find force in the submission made by

learned Senior Counsel Sri. M.R. Rajagopal, appearing for the

private respondents and no interference be called for in these

Review Petitions. Accordingly, applications IA.1 of 2024 filed

by the Review Petitioner-Bangalore Development are

dismissed. Consequently Review Petitions are dismissed.

Sd/-

(E.S. INDIRESH) JUDGE ARK

 
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