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2025 DAILYLAW 30538 (KAR)

SMT KUSUMA v. THE STATE OF KARNATAKA

WP/21023/2024 · 2025-01-23

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:2823 WP No. 21023 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 21023 OF 2024 (LB-BMP) BETWEEN: 1. SMT KUSUMA W/O K NARAYANAPPA, AGED ABOUT 55 YEARS OCC HOUSE WIFE, R/AT NO 1560B, 3RD CROSS, PRASHANTHNAGAR, T DASARAHALLI POST BENGALURU 560057 …PETITIONER (BY SRI. M RAJASHEKAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M S BUILDING, DR B R AMBEDKAR VEEDHI, BENGALURU 560001 2. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, HEAD OFFICE, N R SQUARE, BENGALURU 560002 3. THE ZONAL COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, DASARAHALLI ZONE, M.E.I LAYOUT, HESRAGHATTA MAIN ROAD, BENGALURU 560073 4. THE EXECUTIVE ENGINEER Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2823 WP No. 21023 of 2024 ROAD INFRASTRUCTURE DEVELOPMENT, BRUHATH BENGALURU MAHANAGARA PALIKE, NO 207, 2ND FLOOR, ANNEXE BUILDING, 3 BBMP HEAD OFFICE, N R SQUARE, BENGALURU 560002 …RESPONDENTS (BY SMT. SPOORTHI.V., HCGP FOR R-1; SRI. K.B.MONESH KUMAR., ADVOCATE FOR R-2 TO R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECTION OF APPROPRIATE NATURE DIRECTING THE RESPONDENTS NOT TO ACQUIRE THE PETITION SCHEDULE PROPERTY OF THE PETITIONER WITHOUT AWARDING THE COMPENSATION TO HER IN LIEU O THE ACQUIRED PROPERTY, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is for a direction to respondent Nos.3 and 4 to acquire the petition schedule property of the petitioner only after awarding compensation to her. 2. The petitioner contends that she has given two representations (both dated 31.07.2023 at Annexure – J and K) whereby she has made the demand for payment of compensation for the land and the - 3 - NC: 2025:KHC:2823 WP No. 21023 of 2024 building that are proposed to be acquired by the Bruhat Bengaluru Mahanagara Palike ('the BBMP') and despite this representation, no action has been taken. 3. In the light of the fact that the petitioner contends that her lands are proposed to be acquired without payment of compensation, it would be appropriate to direct respondent Nos.3 and 4 to consider the representations dated 31.07.2023 (Annexure – J and K) within a period of three months from the date of receipt of the copy of this order and pass appropriate orders in accordance with law. 4. This petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 1