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2025 DAILYLAW 33370 (KAR)

SMT C JYOTHI v. BANGALORE DEVELOPMENT AUTHORITY

WP/26569/2024 · 2025-03-07

Krishna S Dixit, M Nagaprasanna

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Judgment text

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- 1 - NC: 2025:KHC:10142-DB WP No. 26569 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE KRISHNA S DIXIT AND THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 26569 OF 2024 (LA-BDA) BETWEEN: 1. SMT. C. JYOTHI, W/O C. GOVINDA RAJU, AGED ABOUT 51 YEARS, R/O NO. 335/A, 'RAGHAVENDRA NILAYA', 7TH MAIN, AKKITHIMMANAHALLI, SHANTHINAGAR, BANGALORE - 560 027. 2. SMT. SUBHA.M W/O S. MANIVANNAN, AGED ABOUT 46 YEARS, R/A NO. 311, 1ST MAIN ROAD, PAPANNA LAYOUT, V. NAGANAHALLI, R.T. NAGAR POST, HEBBAL, BANGALORE - 560 032. 3. SMT. C. NARAYANI W/O C. JAYACHANDRA RAJU, AGED ABOUT 56 YEARS, R/A ATHIMANJERI VILLAGE AND POST, PALLIPET TALUK, TIRUVALLUR DISTRICT, TAMIL NADU - 631 202. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:10142-DB WP No. 26569 of 2024 4. SMT. C.R. SUGUNA W/O C. RAYAKUMAR, AGED ABOUT 53 YEARS, R/A NO.124, 4TH CROSS, BADRAPPA LAYOUT, MARUTHINAGAR, BANGALORE - 560 094. 5. SRI. NARASA RAJU.K S/O KRISHNAMA RAJU.K, AGED ABOUT 56 YEARS, R/A NO.124, 4TH CROSS, NEAR G.R. KALYANA MANTAPA, BHADRAPPA LAYOUT, MARUTHINAGAR, BANGALORE - 560 094. 6. SRI. T. MUTHYALA REDDY S/O REDDAPPA REDDY, AGED ABOUT 65 YEARS, R/A MADIRALA VILLAGE, DANAMAYAGRI PALLI POST, V. COTA MANDAL, PALAMANER TALUK, CHITTOOR DISTRICT, ANDHRA PRADESH - 517 408. …PETITIONERS (BY SRI. VIRUPAKSHAIAH P.H, ADVOCATE) AND: 1. BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, SANKEY ROAD, BENGALURU - 560 020, REPRESENTED BY ITS COMMISSIONER. 2. THE SPECIAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, BENGALURU - 560 020. - 3 - NC: 2025:KHC:10142-DB WP No. 26569 of 2024 3. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001, REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE FOR R2 TO R5; SRI. ADITYA VIKRAM BHAT, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE WRIT IN THE NATURE OF MANDAMUS OR ORDER OR DIRECTION IN THE SIMILAR NATURE DIRECTING THE 1ST RESPONDENT AUTHORITY TO CONSIDER THE REPRESENTATIONS DATED 10.02.2009 VIDE ANNEXURE-G FILED BY THE PETITIONER No. 4 AND CONSIDER THE CASE OF PETITIONERS FOR DROPPING OF THE ACQUISITION PROCEEDINGS IN RESPECT OF THE IMMOVABLE RESIDENTIAL PROPERTIES BEARING SITE No. 5, 24, 16, 3 AND 4, 6 AND 8 SITUATED AT VADERAHALLI VILLAGE, YELAHANKA HOBLI, BANGALORE NORTH TALUK MEASURING EAST TO WEST - 40 FEET AND NORTH TO SOUTH - 30 FEET EACH AND PASS APPROPRIATE ORDERS EXPEDITIOUSLY BY REGULARIZING THE SITES IN FAVOUR OF PETITIONERS HEREIN AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE M.NAGAPRASANNA - 4 - NC: 2025:KHC:10142-DB WP No. 26569 of 2024 ORAL ORDER (PER: HON'BLE MR JUSTICE M.NAGAPRASANNA) The petitioners are before this Court seeking the following prayer: (a) Issue Writ in the nature of Mandamus or Order or Direction in the similar nature directing the 1st respondent authority to consider the representations dated 10.02.2009 vide Annexure-G filed by the petitioner No.4 and consider the case of petitioners for dropping of the acquisition proceedings in respect of the immovable residential properties bearing Site No.5, 24, 16, 3 & 4, 6 and 8 situated at Vaderahalli Village, Yelahanka Hobli, Bangalore North Taluk measuring Eat to West : 40 feet and North to South: 30 feet and pass appropriate orders expeditiously by regularizing the sites in favour of petitioners herein; (b) Grant any such other relief or relief's as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the interest of justice and equity. 2. The learned counsel for the petitioners submits qua the adjacent land owners, this Court has passed the following order: "3. The petitioners claim to be the owners of certain extents of land in respect of Sy.No.36 situated at Vaderahalli Village, Yelahanka Hobli, Bangalore North Taluk. On the notification of acquisition for formation of Dr.Shivaram Karanth - 5 - NC: 2025:KHC:10142-DB WP No. 26569 of 2024 Layout, the petitioners have submitted a representation seeking certain relief as is obtaining in the representation. Non-consideration of the same has driven the petitioners to this court in the subject petition. 4. Learned counsel Sri.Shivaprasad M Shantanagoudar, appearing for the respondent-BDA submits that if reasonable time is granted, representation would meet its consideration in accordance with law and necessary orders would be passed". 3. The prayer in the case at hand is identical to what was directed to be considered as afore-quoted. In that light, we deem it appropriate to dispose the petition with a direction to the respondent-BDA to consider the representation of the petitioners dated 10.02.2009 within an outer limit of four weeks and communicate the decision taken to the petitioners thereon. Till the consideration of the representation happens at the hands of the respondent-BDA, the BDA shall not precipitate the matter qua the property of the petitioners. With the aforesaid direction, the petition stands disposed. - 6 - NC: 2025:KHC:10142-DB WP No. 26569 of 2024 It is made clear that we have not considered the merit of the claim of the petitioners. Ordered accordingly". Sd/- (KRISHNA S DIXIT) JUDGE Sd/- (M.NAGAPRASANNA) JUDGE DH List No.: 1 Sl No.: 17 CT: BHK