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2025 DAILYLAW 14295 (KAR)

SRI. BALAJI v. THE BENGALURU DEVELOPMENT AUTHORITY

WP/2885/2025 · 2025-02-17

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:6956 WP No. 2885 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 2885 OF 2025 (BDA-) BETWEEN: 1. SRI. BALAJI S/O KUPPAN AGED ABOUT 40 YEARS SITE NO. 64 IN SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU 560 060. 2. SMT. KAVITHA CHANNE GOWDA D/O CHANNE GOWDA AGED ABOUT 46 YEARS SITE NO. 77 IN SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORHT TALUK BENGALURU - 560 060. 3. SRI H V RENUKA PRASAD S/O VERANNA AGED ABOUT 52 YEARS SITE NO. 79 IN SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 060. Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:6956 WP No. 2885 of 2025 4. SRI S NAGESH S/O LATE SIDDAIAH AGED ABOUT 46 YEARS SITE NO. 65 AND 66 IN SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 060. 5. SMT. JYOTHI KUMAR S S/O SUBRAMANI AGED ABOUT 46 YEARS SITE NO. 63 IN SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU 560 060. 6. SRI LOKESH K G S/O JAVAREGOWDA AGED ABOUT 44 YEARS SITE NO. 1, KATHA NO. 81 IN SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU 560 060. 7. SRI SRINIVAS S/O BETTAIAH AGED ABOUT 46 YEARS SITE NO. 1, KATHA NO. 35 IN SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 060. - 3 - NC: 2025:KHC:6956 WP No. 2885 of 2025 8. SRI ARMUGAM S/O MURUGESH AGED ABOUT 53 YEARS SITE NO. 62, IN SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 060. 9. SRI C R NAGARAJU S/O RANGEGOWDA AGED ABOUT 59 YEARS SINTE NO. 69 AND 70 IN SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 060. 10. SRI CHANDRASHEKAR B M S/O NAGARAJU B G AGED ABOUT 44 YEARS R/AT NO. 39 AND 40, SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 060. 11. SMT. K S HEMALATHA W/O DODDARUDRAPPA AGED ABOUT 55 YEARS SITE NO. 67 AND 68 IN SY NO. 9/1, KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORHT TALUK BENGALURU - 560 060. - 4 - NC: 2025:KHC:6956 WP No. 2885 of 2025 12. SRI H V NAGARAJU S/O VEERANNA AGED ABOUT 49 YEARS SITE NO. 78 IN SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 060. 13. SRI B H MANJESH KUMAR S/O HENJERAPPA AGED ABOUT 42 YEARS R/AT NO. 25, SY NOI. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 060. 14. SRI K CHANNEGOWDA S/O LAWTE KEMPEGOWDA AGED ABOUT 63 YEARS SITE NO. 59 SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORHT TALUK BENGALURU - 560 060. 15. SMT BHUANESHWARI W/O G BHASKAR AGED ABOUT 58 YEARS SITE NO.218 IN SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 060. - 5 - NC: 2025:KHC:6956 WP No. 2885 of 2025 16. SRI G BHASKAR S/O LATE M GANESH AGED ABOUT 62 YEARS SITE NO. 221 IN SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 060. 17. SMT. YASHODA W/O SUNDARAMURTHY V AGED ABOUT 46 YEARS SITE NO. 21 SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU - 560 060. 18. SMT. REKHA D/O M S RAVI KUMAR AGED ABOUT 40 YEARS SITE NO. 1, KATHA NO. 41 IN SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU 560 060. 19. SMT. SUSHEELAMM W/O NARASHIMA MURHTY AGED ABOUT 56 YEARS SITE NO. 80 IN SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU 560 060. - 6 - NC: 2025:KHC:6956 WP No. 2885 of 2025 20. SMT. SANJIVI W/O KANAKA SABHAPATHI AGED ABOUT 55 YEARS SITE NO.47 SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU 560 060. 21. SRI NAGARAJA B G S/O LATE B GANGADHARAPPA AGED ABOUT 75 YEARS SITE NO. 75 SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU 560 060. 22. SRI SRINIVAS M S/O MUDDUGANGAPPA AGED ABOUT 53 YEARS SITE NO. 34 SY NO. 9/1 KANNALLI VILLAGE YESHWANTHPURA HOBLI BENGALURU NORTH TALUK BENGALURU 560 060. …PETITIONERS (BY SRI. ERAPPA REDDY M.,ADVOCATE) AND: THE BENGALURU DEVELOPMENT AUTHORITY BY ITS COMMISIONER KUMARA PARK WEST BENGALURU 560 020 …RESPONDENT (BY SRI. B.S. SACHIN.,ADVOCATE) - 7 - NC: 2025:KHC:6956 WP No. 2885 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CONSIDER THE REPRESENTATION DATED 12.08.2024 AS PER ANNEXURE-F FILED BY THE PETITIONER NOS. 1 TO 3, 5,6 TO 9, 11, 12, 19 TO 22 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioners claiming to be purchasers of certain sites from the year 2021 onwards, forming part of land is Sy.No.9/1, situated Kannalli Village, Yeshwantpur Hobli, Bangalore North Taluk, Bangalore which has been acquired by the respondent-BDA for the purpose of formation of Nadaprabhu Kempegowda Layout, are before this Court seeking relief in the nature of directions to respondent- BDA to consider their representations produced at Annexures-F, H, H1, J, J1, K, K1, M, M1, N, N1, P1, Q, Q1, R, R1. 2. Sri. Erappa Reddy M, learned counsel for the petitioner submits that the case of the petitioners is covered by the order passed by the Division Bench of this - 8 - NC: 2025:KHC:6956 WP No. 2885 of 2025 Court in W.A.No.1783/2014 and connected matters dated 22.02.2024, wherein the Division Bench of this Court had issued the directions to the respondent-Authorities to consider the case of the site owners as that of the petitioners. Thus, he submits similar relief be granted to the petitioners herein as well. 3. On the other hand, learned counsel for the respondent-BDA submits that since the petitioners herein are all purchasers of the site subsequent to the acquisition, they may not fall within parameters set by the Division Bench of this Court. Nonetheless, it is submitted that the case of the petitioners will be considered in accordance with law and if found eligible, appropriate orders will passed. 4. Submissions taken on record. 5. Petition is disposed of reserving liberty to the petitioners to file necessary application seek remedy as provided and reserved by the Division Bench of this Court - 9 - NC: 2025:KHC:6956 WP No. 2885 of 2025 in the aforesaid order within an outer limit of 30 days from the date of receipt of certified copy of this order. 6. The respondent-BDA shall consider the application of the petitioners individually and on petitioners complying/satisfying requirement as provided under law and as observed by Division Bench in the aforesaid order and pass appropriate orders within the period as contemplated thereunder. 7. In the meanwhile respondent-BDA shall not take any precipitate action against the petitioners until determination of the representation as directed above. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 15