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2025 DAILYLAW 12665 (KAR)

SMT. NANCY PAIS v. THE BANGALORE DEVELOPMENT AUTHORITY

WP/1074/2012 · 2025-03-19

Anu Sivaraman, Rajesh Rai K

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Judgment text

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- 1 - NC: 2025:KHC:11492-DB WP No. 1074 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MRS JUSTICE ANU SIVARAMAN AND THE HON'BLE MR JUSTICE RAJESH RAI K WRIT PETITION NO. 1074 OF 2012 (LA-BDA) BETWEEN: SMT. NANCY PAIS W/O PASCAL REBELLO AGED ABOUT 54 YEARS, RESIDING AT 'PRAKRUTHI ROYAL SHELTERS' FLAT- C, GROUND FLOOR, LAKSHMAIAH BLOCK GANGANAGAR, BANGALORE 560 032. …PETITIONER (BY SRI. BANDAGAR SHIVAJI, ADVOCATE) AND: 1. THE BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T. CHOWDAIAH ROAD, KUMAR PARK WEST BANGALORE-560 020 2. THE STATE OF KARNATAKA DEPARTMENT OF HOUSING AND Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11492-DB WP No. 1074 of 2012 URBAN DEVELOPMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY VIKASA SOUDHA, BANGALORE-560 001. …RESPONDENTS (BY SRI. S.G. HEGDE, ADVOCATE FOR R1, SMT. MAMATHA SHETTY, AGA FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENT DECLARE THAT THE ACQUISITION OF LAND INITIATED BY THE RESPONDENTS PURSUANT TO FINAL NOTIFICATION DT 2.8.78 VIDE ANNX-H IN RESPECT OF PETITIONER SCHEDULE PROPERTY BEARING NO.11 IN SY NO.1/2 LOTTEGOLLAHALLI VILLAGE, KASABA HOBLI, BANGALORE NORTH TALUK, BANGALORE NOW COMING UNDER THE JURISDICTION OF BBMP LIMIT SANJAYA NAGAR, WARD NO.100 RMV 2ND STAGE HAS LAPSED VIDE ORDER OF THIS COURT IN WP NO.16074-100/10 AND CONNECTED MATTERS VIDE ANNXU (LA-BDA) THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN and HON'BLE MR JUSTICE RAJESH RAI K - 3 - NC: 2025:KHC:11492-DB WP No. 1074 of 2012 ORAL ORDER (PER: HON'BLE MRS JUSTICE ANU SIVARAMAN) A memo has been placed on record seeking withdrawal of the second prayer made challenging the acquisition initiated pursuant to final notification in the year 1978 and the third prayer seeking a writ or prohibition restraining the respondents from dispossessing the petitioner. 2. The memo seeking withdrawal of the prayers is taken on record, and the same is accepted. 3. The remaining prayer in this writ petition is only for a direction to the first respondent to pay the suitable compensation to the petitioner for the demolition of the building in the property in question. 4. With regard to the fourth prayer, we are of the opinion that the question with regard to the compensation for acquisition of the property cannot be decided by this Court in this proceeding. However, in view of the facts of the matter pending before this Court with a prayer seeking quashing of the acquisition, liberty is granted to the petitioner to approach the - 4 - NC: 2025:KHC:11492-DB WP No. 1074 of 2012 appropriate Authorities seeking compensation, which will be considered in accordance with law. Accordingly, the writ petition is disposed of. SD/- (ANU SIVARAMAN) JUDGE SD/- (RAJESH RAI K) JUDGE KTY List No.: 1 Sl No.: 29