Karnataka High Court
WP/11328/2023 of SRI.M. SRINIVAS Vs THE STATE OF KARNATAKA on 24 February 2025
2025:KHC:8730
2025:KHC:8730 WP No. 11328 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 11328 OF 2023 (LA-BDA) BETWEEN: 1. SRI.M. SRINIVAS S/O LATE MAHADEVAIAH AGED ABOUT 54 YEARS, 2. N SHIVAKUMAR W/O
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 11328 OF 2023 (LA-BDA)
BETWEEN:
1.
SRI.M. SRINIVAS
S/O LATE MAHADEVAIAH
AGED ABOUT 54 YEARS,
2.
N SHIVAKUMAR
W/O LATE MAHADEVAIAH
AGED ABOUT 52 YEARS,
BOTH ARE R/AT NO.109,
HBR LAYOUT, MAGADI ROAD,
BENGALURU-560 079.
…PETITIONERS
(BY SRI. SUNDARESH H C.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPT BY ITS PRINCIAPL SECRETARY
URBAN DEVELOPMENT DEPARTMENT
M S BUILDING,
BENGALURU-560 001.
2.
THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T CHOWDAISH ROAD,
KUMARA PART WEST,
BENGALURU-560 020.
3.
THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD,
KUMARA PART WEST,
Digitally signed
by ROOPA R U
Location:
HIGH COURT
OF
KARNATAKA
Page 1 of 4
BENGALURU-560 020.
…RESPONDENTS
(BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. MURUGESH V. CHARATI., ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
CONSIDER THE REPRESENTATION FILED BY THE PETITIONER
DATED 18.09.2005 AND 07.07.2018 AS PER ANNX-J AND K
RESPECTIVELY FOR ALLOTMENT ALTERNATIVE SITES IN LIEU
OF DEMOLISHING OF THEIR HOUSES BEARING NO. SITE NO. 6
AND 7 BLOCK NO. 1 OF SY.NO. 1 OF JB KAVAL VILLAGE, NANDINI LAYOUT, BENGALURU NORTH TALUK WITHOUT
INITIATING
ACQUISITION
PROCEEDINGS
AND
WITHOUT
PAYING COMPENSATION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
Petitioners are before this Court seeking issue of writ of mandamus to the respondents to consider the representations dated 18.09.2005, 07.07.2018 as per Annexures-J and K for allotment of alternate sites in lieu of demolition of their houses bearing Site Nos.6 and 7, Block No.1, situated within the land in Sy.No.1 of J.B. Kaval Village, Nandini layout, Bengaluru North Taluk.
Page 2 of 4
2. Case of the petitioners is that, they are the purchaser Site Nos. 7 and 6 respectively situated at Block No.1, within the land in Sy.No.1 of J.B. Kaval Village, Nandini layout, Bengaluru North Taluk in terms of registered deeds of sale dated 21.01.1981. That the respondent-BDA had issued notification for the formation of a residential layout. As there is provision for regularization of un-authorized occupation in urban land. The petitioners filed representations seeking regularization, in response to which the respondent-BDA issued an endorsement dated 13.09.1993 calling upon the petitioners to furnish necessary documents. Even before consideration of the said representations respondent-BDA demolished the constructions existing on the said property for formation of outer ring road, connecting Magadi Road and Tumkur Road. As such, an application for allotting for an alternate site was made by the mother of the petitioners. Despite, repeated requests there has been no response. However, certain persons were given alternate sites. Hence, the petitioners are before this Court seeking the relief of direction to the respondent- Authorities on principles of parity.
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3. Counsel for the respondent -BDA submit given some time, case of the petitioner would be considered in accordance with law.
4. Hence, following;
ORDER
1. Petition is disposed of.
2. The respondent-BDA shall consider the representations dated 18.09.2005, 07.07.2018 as per Annexures-J and K of the petition and after giving an opportunity of personal hearing to the petitioner and thereafter if the petitioners are found eligible, appropriate orders shall be passed in accordance with law.
3. Such orders shall be passed within an outer limit of four (4) months from the date of receipt of certified copy of this order. Sd/- (M.G.S. KAMAL) JUDGE
RL List No.: 2 Sl No.: 169
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