SRI YASHPAL D V v. THE BANGALORE DEVELOPMENT AUTHORITY
WP/27997/2024 · 2025-02-24
M G S Kamal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33409 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33409 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8138 WP No. 27997 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 27997 OF 2024 (BDA) BETWEEN:
1. SRI YASHPAL D V, S/O LATE VASANTHKUMAR C, AGED ABOUT 42 YEARS. 2. SMT. CHAYABHAGAVATHI S, W/O YASHPAL D V, AGED ABOUT 40 YEARS. BOTH ARE R/AT C/O KUBENDRIAN, NO.38/4, 11TH 'B' CROSS, 30TH MAIN, J P NAGAR, 1ST PHASE, BANGALORE-560 078. 3. SRI RAVIKUMAR LAGGONI, S/O SATYANARAYAN LAGGONI, AGED ABOUT 44 YEARS, R/AT NO. 07, GROUND FLOOR, 9TH CROSS, NEAR ANJANEYASWAMY TEMPLE, KODIGEHALLI RAILWAY GATE, VIRUPAKSHAPURA, BANGLAORE-560 097. 4. SMT. SHAMSHUNNISA C B, W/O SYED ALAF HUSSAIN, AGED ABOUT 60 YEARS, R/AT NO. DB 28, KHB QUARTERS, KHB ROAD, SULTANPALLEY, BANGALORE-560 032. 5. SMT. RAMYA Y S, W/O GRAMLE AMOL, AGED ABOUT 37 YEARS,
Digitally signed by NANDINI R Location: High Court of Karnataka
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NC: 2025:KHC:8138 WP No. 27997 of 2024
R/AT NO. 178, 4TH CROSS, SRIRANGA NAGARA, BSK, 3RD STAGE, BENGALURU-560 085. 6. SRI RUTHVICK M S, S/O SUDARSHAN M R, AGED ABOUT 32 YEARS, R/AT NO. 40, 5TH BLOCK, NEAR VENUGOPALASWAMY TEMPLE, DODDA BOMMASANDRA, VIDYARANYAPURA, BENGALURU-560 097. 7. SMT. SUNITHA M BULLA, W/O T P MALLIKARJUNASWAMY, AGED ABOUT 50 YEARS, R/AT SY. NO. 76/1, DOOR NO. 3, 2ND CROSS, "B" BLOCK, SIDDALINGESHWAR LAYOUT, THINDLU, BENGALURU-560 097. 8. SMT. RAKSHA RANGARAJ JYOTISHI, W/O SRI RANGARAJ JYOTISHI, AGED ABOUT 50 YEARS, R/AT NO. 1699, ARYA BUILDING, NEAR GUTTAMBIR KANIKE DABBI, KAIGA ROAD, KARWAR-581 306. …PETITIONERS (BY SRI S V BHAT, ADVOCATE)
AND:
1. THE BANGALORE DEVELOPMENT AUTHORITY, REP. BY THE COMMISSIONER, KUMARA PARK WEST, BANGALORE-560 020. 2. THE STATE OF KARNATAKA, REP. BY THE SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT,
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NC: 2025:KHC:8138 WP No. 27997 of 2024
MULTI-STOREYED BUILDING, BANGALORE-560 001. 3. THE SPECIAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, BANGALORE-560 020. …RESPONDENTS
(BY SRI K KRISHNA, ADVOCATE FOR R-1 & R-3;
SMT. B SUKANYA BALEGA, AGA FOR R-2)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING (a) TO DIRECT THE R-1 TO ISSUE REGULARIZATION CERTIFICATES IN RESPECT OF THE SITES RESPECTIVELY OWNED BY THE PETITIONERS AS DESCRIBED IN THE SCHEDULE HERE UNDER, (b) TO DIRECT THE RESPONDENTS TO PAY THE COST OF THE ABOVE WP.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
Petitioners are claiming to be the purchasers of various revenue sites forming part of the of a layout developed in the land bearing Sy.No.29/3 of Doddabettahalli Village, Yalahanka, Bangalore North Taluk, in terms of Deeds of Sale referred to at paragraph 5 of the writ petition. The details of the sites purchased by the petitioners are provided in the schedule to the petition.
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NC: 2025:KHC:8138 WP No. 27997 of 2024
2. It appears, aforesaid land in Sy.No.29/3 has been acquired by the respondent-BDA for the purpose of formation of 'Dr.Shivaramakaranth Layout'. Challenge to the said acquisition was carried upto Apex Court. The Apex Court, by an order dated 05.05.2021, while considering Miscellaneous Application Nos.1614-1616 of 2019, has permitted the purchasers of various revenue sites forming part of the said Layout to apply for allotment of sites. Taking note of the said directions, the Division Bench of this Court which is specially constituted to look into the matter pertaining to 'Dr.Shivaramakaranth Layout', vide
order dated 11.07.2024 passed in W.P.No.14609/2023 (Sri R. Mohan Kumar Vs. The State of Karnataka and others) and connected matters had issued the following directions:
"8. In the light of the aforesaid reasons, the following:
ORDER
(a) The petitions stand disposed.
(b) The petitioners are relegated to appear before the Committee qua their grievances.
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NC: 2025:KHC:8138 WP No. 27997 of 2024
(c) The BDA shall, within one (1) week from the date of receipt of the copy of this order, notify to the general public, both in print and electronic media to sensitize the applicants who are revenue site holders in Dr.Shivaramakaranth Layout, to submit their applications before the Bopaiah Committee.
(d) The BDA shall grant four (4) weeks time on and from the date of such notification/publication, in both print and electronic media.
(e) All applications concerning 2018 notification or 2022 notification shall bear consideration at the hands of the BDA.
(f) The Bopaiah Committee is at liberty to take assistance of experts from the BDA to resolve the grievances of the applicants.
(g) The Committee is granted three (3) months time from the last date indicated in terms of clause (d) supra i.e., the last date for receipt of the applications from the applicants – revenue site holders, to resolve the dispute, strictly in consonance with law.
(h) The resolution of the dispute in the form of a report, be placed before us on the expiry of three (3) months.
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NC: 2025:KHC:8138 WP No. 27997 of 2024
(i) The grievance of these petitioners also shall bear consideration at the hands of the Committee like all the other applications that would bear
consideration, as observed hereinabove.
(j) Till the Committee decides on the applications of the respective applicants, status quo, qua the property, be maintained by the parties.
Ordered accordingly."
3.
Learned counsel for the petitioners relying upon aforesaid order of the Division Bench of this Court submits that liberty be reserved to the petitioners to approach before the said Committee seeking redressal of their grievances.
4. Sri Krishna, learned counsel for respondent- BDA confirms the order having been passed by the Apex Court followed by the Division Bench as noted hereinabove and further submits, if the petitioners are relegated to Committee their grievances will be considered in accordance with law.
5. Heard.
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NC: 2025:KHC:8138 WP No. 27997 of 2024
6. Inasmuch as the petitioners are only seeking extension of relief as directed by the Apex Court in its
order noted above and further directed by the Division Bench of this Court and in view of the submissions made by the learned counsel for the petitioners and learned counsel for respondent-BDA, this writ petition is disposed of, reserving liberty to the petitioners to approach before the Committee by making necessary applications and said Committee shall consider the case of the petitioners in the light of the directions issued by the Apex Court as noted above.
Sd/- (M.G.S. KAMAL) JUDGE
tsn* List No.: 1 Sl No.: 15