- 1 - NC: 2025:KHC:635 WP No. 40580 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 40580 OF 2019 (LA-UDA) BETWEEN: 1. MR. UDAYA KUMAR S/O. LATE SIDDARAM AGED ABOUT 57 YEARS R/AT NO.280/1, 7TH CROSS, 7TH MAIN, 80TH FEET ROAD, S.B. PALYA, BANASWADI POST BANGALORE - 560 043. …PETITIONER (BY SRI. D.N. MANJUNATH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEPARTMENT, VIDHANA SOUDHA, VIDHANA VEEDHI, BENGALURU - 560 001. 2. CHIEF SECRETARY GOVERNMENT OF KARNATAKA ROOM NO.320, 3RD FLOOR, VIDHANA SOUDHA, BENGALURU - 560001. Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:635 WP No. 40580 of 2019 3. MINISTRY OF URBAN DEVELOPMENT REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, VIDHANA VEEDHI, BENGALURU - 560 001. 4. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT URBAN DEVELOPMENT DEPARTMENT, ROOM NO.436, VIKASA SOUDHA, BANGALORE - 560 001. 5. JOINT DIRECTOR (PLANNING) URBAN DEVELOPMENT DEPARTMENT, ROOM NO.431, VIKASA SOUDHA, BANGALORE - 560 001. 6. ADDITIONAL CHIEF SECRETARY FINANCE DEPARTMENT VIDHANA SOUDHA, BENGALURU - 560 001. 7. DIRECTOR TOWN PLANNING DEPARTMENT, #4, M.S. BUILDING, 4TH FLOOR, 6TH FLOOR, NEAR VIDHANA SOUDHA, BENGALURU - 560 001. 8. COMMISSIONER BBMP, CORPORATION HEAD OFFICE CONTROL, N.R. SQUARE, BENGALURU - 560002. 9. OFFICE OF THE CHIEF EXECUTIVE ENGINEER PROJECT CENTRAL DIVISION-2, - 3 - NC: 2025:KHC:635 WP No. 40580 of 2019 BBMP, N.R. SQUARE, BANGALORE - 560 002. …RESPONDENTS (BY SRI. HANUMANTHARAYA LAGALI, AGA FOR R1 TO R7; SRI. K.N. PUTTEGOWDA, ADVOCATE FOR R8) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AS AGAINST THE RESPONDENTS AND IN PARTICULAR THE RESPNODENTS EIGHT AND NINE, THE COMMISSIONER AND CHIEF EXECUTIVE ENGINEER PROJECT II BY HOLDING THE MODIFIED DRAWING DATED 2.08.2017 DENOTING THE PROPERTY OF THE PETITIONER AS SL.NO.4, LA4, UNDER LAND ACQUISITION STATEMENT AS PER ANNX-J, IN THE DRAWING AS ILLEGAL, ARBITRARY AND MORESO CONTRARY TO THE PROVISIONS RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION AND REHABILITATION & RESETTLEMENT ACT HENCE IS VITIATED, UNSUSTAINABLE AND WITHOUT JURISDICTION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:635 WP No. 40580 of 2019 CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Learned counsel for the petitioner brings to the notice of this Court the order dated 16.10.2019 passed in W.P.No.46665/2019 connected with W.P.No.46653/2019 pertaining to the very same subject matter namely acquisition of the property for the purpose of formation of steel flyover. 2. Learned counsel for the petitioner submits that the Co-ordinate Bench of this Court while disposing of the aforesaid writ petitions had observed that the properties of the petitioners sought to be made use of by the respondent - BBMP could be taken only if it is required for the purpose of project and after compliance with the applicable provisions of law. 3. Learned counsel further submits that properties of the petitioner has not been utilized by the respondent-BBMP and the flyover construction has - 5 - NC: 2025:KHC:635 WP No. 40580 of 2019 been completed. As such, the petition has become infructuous. 4. The said submission is taken on record. The petition is dismissed has having become infructuous. Sd/- (M.G.S. KAMAL) JUDGE SJK List No.: 1 Sl No.: 5