Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8677 WP No. 2346 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. 2346 OF 2024 (LA-BDA) BETWEEN:
1. E. SHIVAKUMAR S/O SRI B ERAIAH, AGED ABOUT 36 YEARS, R/AT NUMBER 2789, 2ND MAIN, DHOBIGHAT, BRINDAVAN NAGAR, BENGALURU-560 019. 2. YESHODHA P W/O LATE S RAJA, AGED ABOUT 62 YEARS, R/AT NUMBER 100, 2ND CROSS ROAD, RAMAIAH REDDY LAYOUT, NANDIDURGA ROAD, BENSON TOWN, BANGALORE-560 046. 3. K RAMESHA S/O KARIYAPPA, AGED ABOUT 49 YEARS NUMBER 28, REVANNA SIDDESHWARA NIALAYA ARASAPPA LAYOUT, TATAGUNI, TATAGUNI POST, BENGALURU-560 082. 4. RASHMI C D/O SRI B CHANDRU, AGED ABOUT 39 YEARS, NUMBER 12, 2ND FLOOR, 22ND MAIN, 11TH CROSS, NEAR KIDNEY FOUNDATION, VTC PADMANABHANAGAR, BANASHANKARI II STAGE POST,
Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8677 WP No. 2346 of 2024
BANGALORE-560 070. 5. HEMAVATHI S W/O DODDAIAH M R AGED ABOUT 60 YEARS, R/AT NUMBER 32, KRISHNAPPA LAYOUT, NEAR 43 J LAST BUS STOP, HOSAKERE HALLI, BANGALORE SOUTH BANGALORE-560 085. 6. R. NETHRAVATHI W/O RAVINDRA KUMAR H B AGED ABOUT 45 YEARS, R/AT NUMBER 221, BEHIND AMMA ASHRAMA, VINAYAKA LAYOUT, ULLALU, BANGALORE-560 110. 7. JAYAMMA N W/O LATE B NANJAPPA, AGED ABOUT 69 YEARS, R/AT NUMBER 571, 5TH MAIN, GODAVARI, RIVER ROAD, BRUNDAVANA NAGAR, HANUMANTHA NAGAR, GAVIPURAM EXTENSION, BANGALORE-560 019. 8. SHASHIKUMAR S., S/O SHIVARAJ A AND LATE B VIJAYALAKSHMI, AGED ABOUT 33 YEARS, R/AT NUMBER 100, BSK 1ST STAGE, 2ND BLOCK, 2A MAIN, VINAYAKA NAGAR, BANASHANKARI, 1ST STAGE, BANGALORE SOUTH BANGALORE-560 050. 9. T ROOPA W/O SRI YOGITH KUMAR, AGED ABOUT 33 YEARS, R/AT NO. 306, 7TH MAIN ROAD, NAGENDRA LAYOUT,
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NC: 2025:KHC:8677 WP No. 2346 of 2024
BANASHANKARI 1ST STAGE, BANGALORE-560 050. 10. T YASHODHA W/O SRI K R ANIL KUMAR AGED ABOUT 30 YEARS, R/AT NUMBER 460, 3RD MAIN ROAD, NAGENDRA LAYOUT, BANASHANKARI, 1ST STAGE, BANGALORE-560 050. 11. T RATHNA W/O GURULINGAIAH, AGED ABOUT 47 YEARS, R/AT NUMBER 699, 7TH CROSS, SWARNASANDRA, MANDYA KARNATAKA-571 402. 12. R SHIVAKUMAR S/O LATE RAMAKRISHNACHAR, AGED ABOUT 39 YEARS, R/AT NUMBER 369, LAKSHMI NILAYA, M G ROAD, USTAD RAMAIAH GALLI, KANAKAPURA, RAMANAGARA, KARNATAKA-562 117. 13. R GUNASHEKAR S/O LATE RAMACHANDRA, AGED ABOUT 43 YEARS, R/AT C/O R RAMU, NO.
21, GROUND FLOOR, 5TH CROSS,SIMHADRI LAYOUT, BALAJI LAYOUT, UTTARAHALI, BANGALORE SOUTH, BENGLAURU KARNATAKA-560 061. 14. LOKESHWARI W/O GUNASHEKAR AGED ABOUT 32 YEARS, NO. 21, GROUND FLOOR, 5TH CROSS,SIMHADRI LAYOUT,
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NC: 2025:KHC:8677 WP No. 2346 of 2024
BALAJI LAYOUT, UTTARAHALI, BANGALORE SOUTH, BENGLAURU KARNATAKA-560 061. 15. K R SHILPA W/O SHIVAMADU, AGED ABOUT 27 YEARS, R/AT KAGGLI DODDI, NARAYANAPURA, RAMANAGAR, KARNATAKA-562 117. 16. N SUKANYA W/O SHIVAPRASAD, AGED ABOUT 50 YEARS, R/AT NUMBER 31, 4TH CROSS, 7TH BLOCK, JAYANAGAR, BANGALORE SOUTH, BSK II STAGE, BANGALORE-560 070. 17. G SURESH S/O LATE GURAPPA, AGED ABOUT 60 YEARS, R/AT NUMBER 313, 7TH MAIN, VIDYA PEETHA EXTENSION, BSK III STAGE, VTC BANGALORE-560 085. 18. SRINIVASACHARI N S/O NANJUDACHARI, AGED ABOUT 53 YARS, R/AT NUMBER 1238, MOODALAPALYA, 5TH CROSS ROAD, 7TH MAIN, BANGALORE-560 072. 19. L VISHWESHWARA S/O LATE K LAKSHMINARAYANA UDUPA, AGED ABOUT 64 YEARS, R/AT NUMBER 33, 13TH MAIN, R E I LAYOUT, J C NAGAR, MAHALAKSHMIPURAM, LAYOUT, BANGALORE-560 086. - 5 -
NC: 2025:KHC:8677 WP No. 2346 of 2024
20. H S SOMASHEKAR S/O LATE H C SIDDAIAH, AGED ABOUT 50 YEARS, R/AT FLAT NO. 106 AKSHAYA CLASSIC HOMES B G ROAD, NEAR ARADHANA SCHOOL SURYA LAYOUT, AREKERE MICO LAYOUT, BANNERGHATTA ROAD, BANGALORE SOUTH-560 076. 21. P M PREMALEELA W/O H S SOMASHEKAR, AGED ABOUT 47 YEARS, R/AT FLAT NO. 106 AKSHAYA CLASSIC HOMES B G ROAD, NEAR ARADHANA SCHOOL SURYA LAYOUT, AREKERE MICO LAYOUT, BANNERGHATTA ROAD, BANGALORE SOUTH-560 076. 22. H S VISHWARADHYA S/O LATE H C SIDDAIAH, AGED ABOUT 46 YEARS, R/AT HOGERAHALLI VILLAGE, HOGEREHALLI POST, KADUR TALUK CHICKMANGALURU-577 548. 23. H.S HARISH S/O LATE H C SIDDAIAH, AGED ABOUT 30 YEARS, R/AT E W S 75 OPP MADAVANELE ROAD, HUDCO KALLAHALLI, VINOBA NAGARA, SHIVAMOGGA-577 204. …PETITIONERS (BY SRI. AMIT M HEGDE.,ADVOCATE)
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NC: 2025:KHC:8677 WP No. 2346 of 2024
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF URBAN DEVELOPMENT, M.S BUILDING, BENGALURU-560 001. 2. THE BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T. CHOWDAIAH RAOD, KUMAR PARK WEST BANGALORE-560 020.
3. THE SPECIAL LAND ACQUISTION OFFICER BANGALORE DEPARTMENT AUTHORITY, G. CHOWDAIAH ROAD, KUMAR PARK WEST BANGALORE-560 020. …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1;
SRI. G.S. KANNUR SENIOR COUNSEL FOR SRI. MURUGESH V. CHARATI., ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDSISSUE DIRECTION TO ALLOT ALTERNATIVE SITES TO THE PETITIONERS FREE OF COST AS COMPENSATION IN VIEW OF THE ORDER OF THE R2 DTD 20.03.2013 AT ANNEXURE-D WHO LOST THEIR LANDS TO THE R2 ACQUISITION WITHOUT BROOKING FURTHER DELAY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
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NC: 2025:KHC:8677 WP No. 2346 of 2024
ORAL ORDER Petitioners are before this Court seeking issue of writ of mandamus to the respondents to allot alternate sites to the petitioners free of cost as compensation in view of the order dated 20.03.2013 passed by the respondent No.2 as per Annexure-D.
2. Case of the petitioners is that they are the purchasers of revenue sites forming part of land in Sy.No.16/3, Challaghatta Village, Bangalore. That the said land was acquired by the respondent-BDA for the purpose of formation of Nadaprabhu Kempegowda Layout.
3. Some of the petitioners had earlier filed writ petition in W.P.Nos.35143-168/2011 seeking direction to the respondents 2 and 3 to consider the request of the petitioners and pass award in their favour which were disposed of by order dated 29.03.2012 directing the respondents 2 and 3 therein to consider the request of the petitioners and to pass award after enquiry. Subsequently an award dated 26.11.2012 came to be passed by respondent No.2. Thereafter respondent No.2 took a decision dated 20.03.2013 pursuant to a resolution dated
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NC: 2025:KHC:8677 WP No. 2346 of 2024
20.12.2011 vide subject No.380/2011 to allot alternate sites to the petitioners after scrutiny of their title in respect of their revenue sites as per Annexure-D. However, till date no action is taken in the matter by the respondent. Hence, the petition.
4. Learned counsel for the respondent -BDA submit given some time, case of the petitioners would be reconsidered in accordance with law.
5. Hence, following;
ORDER
1. Petition is disposed of.
2. The respondent-BDA shall consider the case of the petitioners for allotment of alternate sites in the light of the order dated 20.03.2013 as per Annexure-D. If the petitioners are found eligible appropriate orders shall be passed in accordance with law.
3. Such orders shall be passed within an outer limit of four (4) months from the date of receipt of certified copy of this order.
SD/- (M.G.S. KAMAL) JUDGE
SBN List No.: 2 Sl No.: 198