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2025 DAILYLAW 31974 (KAR)

SRI M N RAJANNA v. STATE OF KARNATAKA

WP/47619/2014 · 2025-03-05

R Devdas

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Judgment text

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- 1 - NC: 2025:KHC:9355 WP No. 47619 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 47619 OF 2014 (LA-BDA) BETWEEN: SRI M N RAJANNA S/O M.NAGARAJA RAO, AGED ABOUT 60 YEARS, SY.NO.104/2, KENCHANAPURA VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK. …PETITIONER (BY SRI. MADHUKAR S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF UDD, III FLOOR, VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BANGALORE-560001. 2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, K.P.WEST, T.CHOWDAIAH ROAD, BANGALORE-560020. 3. THE ADDITIONAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, K.P.WEST, T.CHOWDAIAH ROAD, BANGALORE-560020. …RESPONDENTS (BY SRI.HANUMANTHARAYA LAGALI., AGA FOR R1 SRI. B.S.KARTHIKEYAN., ADVOCATE FOR R2 & R3) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9355 WP No. 47619 of 2014 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED PRL. NOTIFICATION DT.21.5.2008 AT ANN-J1, PASSED BY THE R1 & FINAL NOTIFICATION DT.18.2.10 PUBLISHED IN THE OFFICIAL GAZETTE AT ANN-U OF R2 ALTENATIVELY THE R2 HAS NO RIGHT TO EXECUTE SUCH SCHEME WITHOUT ADOPTING GRUND NORMS & ALSO THERE IS NO ACT & RULES IN BDA ACT FOR WHICH THE PROPOSED ABOVE MENTIONED LAYOUT IS NONEST IN THE EYE OF LAW AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Counsel for the respondent-Bangalore Development Authority (for short, BDA) submits that the matter stands covered by the orders passed by the Hon’ble Division Bench in W.A.No.1783/2014 and connected matters dated 22.02.2024, where the respondent-BDA is directed to consider the representations given by the petitioners and all such aggrieved persons, who claim that their lands could not be acquired for the reason that it is either a plantation - 3 - NC: 2025:KHC:9355 WP No. 47619 of 2014 land, or construction has been put up either residential or industrial or that the land is fully developed. 2. However, learned Counsel for the petitioner submits that in terms of the directions issued by the Hon’ble Division Bench the petitioners have gone before the BDA seeking consideration of their representations on similar lines. However, no communication is made to the petitioners regarding the consideration of their representations. It is submitted that there is also a direction issued by the Hon’ble Division Bench that the representations should be considered and informed to the parties regarding the decision taken by the BDA within a period of 6 months from the date of the order. 3. Having regard to the admitted fact that similar writ petitions which were considered by the Hon’ble Division Bench and directions have been issued by the Hon’ble Division Bench to the respondent-BDA to consider such grievances and take a decision and communicate the same to the parties, this writ petition is also disposed of on similar lines as was done by the Hon’ble Division Bench - 4 - NC: 2025:KHC:9355 WP No. 47619 of 2014 while directing the respondent-BDA to consider the representations given by the petitioners and consider this writ petition also as a representation for giving up the acquisition proceedings insofar as the petitioners lands are concerned and inform the petitioners regarding the decision taken by the BDA, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. 5. Needless to observe that the if the BDA seeks for any additional documents or information from the petitioners, the petitioners shall be informed in writing and the petitioners shall also furnish such information to the BDA. 6. Pending I.As., if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL CT: JL