Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5411 WP No. 2719 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 2719 OF 2023 (BDA) BETWEEN:
SMT. PEER FATHIMA, W/O LATE M.V. MOHAMMED, AGED ABOUT 73 YEARS, RESIDING AT NO. 33, 38TH CROSS, 19TH MAIN, HBR 5TH BLOCK, BANGALORE - 560 043. …PETITIONER AND:
1.
THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, 4TH FLOOR, VIKAS SOUDHA BANGALORE - 560 001.
2.
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY BANGALORE - 560 002.
3.
SRI. ARUN KALYANI, S/O LATE C. MUNIYAPPA, AGED ABOUT 48 YEARS.
4.
SRI. VENKATESHA S/O LATE MUNIVENKATAPPA AGED ABOUT 44 YEARS.
5.
SRI. VENKATAPPA, S/O LATE GUNDLU MUNIYAPPA AGED ABOUT 72 YEARS.
ALL ARE RESIDING AT SAMPIGEHALLY VILLAGE,
Digitally signed by SUMA B N Location: High Court of Karnataka
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NC: 2025:KHC:5411 WP No. 2719 of 2023
JAKKUR POST, YELAHANKA HOBLI, BANGALORE - 560 064.
6.
SRI. N.C. BASAVA LINGA SWAMY, S/O CHANDRA SHEKARAIAH, AGED ABOUT 46 YEARS RESIDING AT NO. 100/1, YELLAMMA TEMPLE ROAD, VIMANAPURA POST, BANGALORE - 560 017. …RESPONDENTS (BY SRI. HANUMANTHARAYA LAGALI, AGA FOR R1;
SRI. MURUGESH V. CHARATI, ADVOCATE FOR R2;
SRI. SIDDARTH SUMAN, ADVOCATE FOR R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION OR
ORDER APPLYING THE PRINCIPLES LAID DOWN IN THE BANDU RAMA SWAMY AND OTHERS V/S BANGALORE DEVELOPMENT AUTHORITY SAME IS REPORTED IN 2010 (7) SUPREME COURT CASES 129, BY ALLOTTING 60 X 40 SITE BEARING NO. 33, V.P.
KATHA NO.316/A, BBMP KATHA NO.78/100/10 AND 11/33, SITUATED AT HENNUR VILLAGE, KASABA HOBLI, BANGALORE NORTH TALUK, NOW UNDER THE ADMINISTRATIVE LIMITS OF BBMP, WHICH IS IN THE ACTUAL AND PHYSICAL POSSESSION OF THE PETITIONER 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 The petition involves the issue pertaining to allotment of sites compensatory forming part of land acquired by the respondent-BDA for formation of Arakavathi Layout.
2. The petitioner claims to be the purchaser of the site bearing No.33, Village Panchayat Khatha No.316/A, situated at
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NC: 2025:KHC:5411 WP No. 2719 of 2023
Hennur Village, Kasaba Hobli, Bangalore North Taluk, in terms of Deed of Sale dated 28.03.1992.
3.
Learned counsel for the petitioner submits that after purchase of said property, the petitioner has put up construction as found in the photographs produced at Annexure-L series and that in terms of law lay down by the Hon'ble Apex Court in the case of BANDU RAMA SWAMY AND OTHERS Vs. BANGALORE DEVELOPMENT AUTHORITY reported in 2010 (7) SCC 129, is entitled for compensation in the form of allotment of site as provided under the scheme.
4. He further submits that respondent-BDA has already allotted sites to respondent Nos.3 to 5, which falls within the property belonging to the petitioner and the Respondent Nos.3 to 5 in turn have sold the said site in favour of respondent No.6. Hence, he seeks cancellation of the said Sale Deed.
5.
Learned counsel for the respondent-BDA submits that a Committee headed by Hon'ble Justice Sri. K.N.Keshavanarayana is considering the grievance of the persons as that of the petitioner and the petitioner may also
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NC: 2025:KHC:5411 WP No. 2719 of 2023
be relegated to seek redressal of his grievance before the said Committee.
6.
Learned counsel for the petitioner seeks liberty to approach the said Committee seeking redressal of his grievance.
7.
Submissions taken on record.
8. Accordingly, petition is disposed of, liberty is reserved to the petitioner to approach the Committee of Hon'ble Justice Sri. K.N.Keshavanarayana and seek redressal of his grievance, an accordance with law.
9. Respondent No.6 is also at liberty to seek such remedy as may be available.
10. Respondent-BDA shall not take any coercive action until determination of the claim of the petitioner before the Committee. SD/- (M.G.S. KAMAL) JUDGE
PK List No.: 1 Sl No.: 8 CT: BHK