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2025 DAILYLAW 46152 (KAR)

SRI G M DEVEGOWDA v. THE COMMISSIONER

WP/1099/2024 · 2025-02-24

M G S Kamal

body2025

Judgment text

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- 1 - NC: 2025:KHC:8676 WP No. 1099 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. 1099 OF 2024 (BDA) BETWEEN: 1. SRI G M DEVEGOWDA S/O LATE MUDLE GOWDA AGED ABOUT 48 YEARS, R/AT NO 32, SY NO 53/6P SKANDA NAGAR, KODIGEHALLI BENGALURU - 560 091. 2. SMT SHANTHAMMA W/O SRINAGA AGED ABOUT 52 YEARS, R/AT NO 37, 13TH CROSS, VEERANNAGUDDA GIRINAGAR 2ND STAGE, BENGALURU - 560 085. 3. SMT MALA W/O LATE ERANNA AGED ABOUT 50 YEARS, R/AT NO 41, SY NO 53/6P SKANDA NAGAR, KODIGEHALLI BENGALURU - 560 091. 4. SMT SOWMYA W/O RAMESH A C D/O NAGARAJA AGED ABOUT 40 YEARS R/AT MANJUNATHA NILAYA NO 72, 19TH CROSS SHIVAPURA MAIN ROAD BENGALURU - 560 058. Digitally signed by ROOPA R U Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8676 WP No. 1099 of 2024 5. SRI CHENNAGOWDA S/O MARIGOWDA AGED ABOUT 43 YEARS R/AT NO 140, 4TH MAIN ROAD LAKSHMIPURA HANUMANTHANAGAR BENGALURU - 560 019. …PETITIONERS (BY SRI. H DAYANANDA SARASWATHI.,ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU - 560 020. 2. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU - 560 020. …RESPONDENTS (BY SRI. K. KRISHNA.,ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) DIRECTING THE RESPONDENTS -BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560020 TO IMPLEMENT THE ORDER DATED 23/07/2021 IN WP NO.44072/2019 (LA-BDA) PASSED BY THIS HONBLE COURT VIDE ANNEXURE-G AND TO ACCEPT THE DEVELOPMENTAL CHARGES AND TO REGULARIZE THE SITES IN QUESTION IN FAVOUR OF THE PETITIONERS HEREIN AS EXPEDITIOUSLY AS POSSIBLE 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 - 3 - NC: 2025:KHC:8676 WP No. 1099 of 2024 ORAL ORDER Petitioners are before this Court seeking following reliefs: "a. Issue a writ of mandamus, directing the respondents -Bangalore Development Authority, T.Chowdaiah Road, Kumara Park West, Bengaluru - 560020 to implement the order dated 23/07/2021 in W.P.No.44072/2019 (LA- BDA) passed by this Hon'ble Court vide Annexure-G and to accept the developmental charges and to regularize the sites in question in favour of the petitioners herein as expeditiously as possible. b. Issue a writ of mandamus, directing the respondents- Bangalore Development Authority, T.Chowdaiah Road, Kumara Park West, Bengaluru-560 020, to collect the developmental charges from the petitioners and to regularize the sites in question, as per the Resolution dated 18.04.2017 in Subject No.98/2015 produced at Annexure-F, in favour of the petitioners herein as expeditiously as possible. c. Issue a writ of mandamus, directing the respondents- Bangalore Development Authority, T.Chowdaiah Road, Kumara Park West, Bengaluru -560 020, to consider representations dated 25.10.2023 made by petitioner No.1, 2, 3 and 5 vide Annexures-H, J, K and M respectively and representation dated 27.10.2023 made by petitioner No.4 vide Annexure-L as expeditiously as possible, in the interest of justice and equity." 2. Case of the petitioners is that they are the purchasers of revenue sites forming part of land in Sy.No.53/6P, Kodigehalli Village, Bangalore North Taluk. That the said land was acquired by the respondent-BDA for the purpose of formation of Nadaprabhu Kempegowda Layout. That by a resolution dated 18.04.2017 passed vide subject - 4 - NC: 2025:KHC:8676 WP No. 1099 of 2024 No.98/2015, it was resolved by respondent-BDA to accept Rs.275/- per sq. ft towards developmental charges from the owners of the revenue sites and to regularize the same in their favour. 3. Some of the petitioners had earlier filed writ petition in W.P.No.44072/2019 which was disposed of on 23.07.2021 directing the respondent-BDA to consider the claim of the petitioner within four months. No action was taken by the respondent-BDA. Petitioners made representations on 25.10.2023 and 27.10.2023 requesting the respondent-BDA to receive the development charges and to implement the order dated 23.07.2021 passed by this Court in W.P.No.44072/2019. Non consideration of the said representation has constrained the petitioners to approach this Court in this writ 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. - 5 - NC: 2025:KHC:8676 WP No. 1099 of 2024 2. The respondent-BDA shall consider the case of the petitioners for allotment of sites in the light of the order dated 23.07.2021 as per Annexure-G. 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.: 195