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2025 DAILYLAW 87629 (KAR)

SRI N MANJUNATH v. BANGALORE DEVELOPMENT AUTHORITY

WP/36191/2024 · 2025-11-07

K S Hemalekha

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45123 WP No. 36191 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 36191 OF 2024 (LA-BDA) BETWEEN: SRI N MANJUNATH S/O. LATE NANJUNDAPPA, AGED ABOUT 56 YEARS, R/AT NO.11, 2ND MAIN ROAD, ATTIGUPPE, VIJAYANAGAR, BANGALORE-560 040. REPRESENTED BY GENERAL POWER OF ATTORNEY HOLDER 1. SRI.SHASHIKUMAR K., S/O. SRI. KARIYAPPA, AGED ABOUT 36 YEARS, 2. SRI. CHETHAN KUMAR.K. S/O. SRI. KUMARASWAMY.C. AGED ABOUT 32 YEARS, R/AT NO.921/1, 3RD MAIN ROAD, 80 FEET ROAD, OPP PVP SCHOOL, GNANABHARATHI POST BANGALORE UNIVERSITY, BANGALORE- 560 056 …PETITIONERS (BY SRI. RAKSHITHA D J., ADVOCATE) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45123 WP No. 36191 of 2024 AND: 1. BANGALORE DEVELOPMENT AUTHORITY KUMARAPARK WEST, T.CHOWDAIAH ROAD, BANGALORE-560 020. REPRESENTED BY ITS COMMISSIONER. 2. THE LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, KUMARAPARK WEST, T.CHOWDAIAH ROAD, BANGALORE-560 020. 3. TOWN PROJECT MEMBER, TOWN PLANNING COMMITTEE BANGALORE DEVELOPMENT AUTHORITY, KUMARAPARK WEST, T.CHOWDAIAH ROAD, BANGALORE-560 020. 4. JOINT DIRECTOR, TOWN PLANNING COMMITTEE BANGALORE DEVELOPMENT AUTHORITY, KUMARAPARK WEST, T.CHOWDAIAH ROAD, BANGALORE-560 020. 5. DEPUTY DIRECTOR, TOWN PLANNING COMMITTEE BANGALORE DEVELOPMENT AUTHORITY, KUMARAPARK WEST, T.CHOWDAIAH ROAD, BANGALORE-560 020. …RESPONDENTS (BY SRI. B S SACHIN, ADVOCATE FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT - 3 - HC-KAR NC: 2025:KHC:45123 WP No. 36191 of 2024 THE RESPONDENT - BDA AUTHORITIES, KUMARAPARK WEST, T.CHOWDAIAH ROAD, BANGALORE - 560 020 TO CONSIDER THE REPRESENTATION DTD 12.12.2023 VIDE ANNX-H AND REPRESENTATION DTD 07.11.2024 VIDE ANNX-H1 SERIES RESPECTIVELY 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 MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners have approached this Court seeking a writ of mandamus directing the respondents-BDA to consider the representations dated 12.12.2023 (Annexure-H) and 07.11.2024 (Annexure-H1). 2. Heard the learned counsel for the petitioners and learned counsel for the respondents-BDA. 3. The case of the petitioners is that they are owners of land bearing Survey No.67/1 to an extent of 19 guntas situated at Herohalli Village, Yeshwanthapur Hobli, Bangalore North Taluk. That the said land is not part of any acquisition and was excluded from the final notification issued by the BDA. Despite this, the said site - 4 - HC-KAR NC: 2025:KHC:45123 WP No. 36191 of 2024 has been shown as civic amenities (CA) site in the layout plan approved by BDA. 4. Learned counsel for the petitioners submits that the petitioners therefore have submitted detailed representations to the respondents-BDA on 12.12.2023 and again on 07.11.2024 requesting the respondents to issue a “No Objection Certificate" and rectify the layout plan by deleting the reference to CA site No.1 in respect of the petitioners' land and to record that it as a non-notified area. However, the respondents have not acted upon the representation so far. 5. Learned counsel for the respondents-BDA submits that the representations submitted by the petitioners will be duly considered in accordance with law within a reasonable time. 6. The said submission is placed on record. 7. In view of the submission made, the grievance of the petitioners stands redressed, if appropriate directions - 5 - HC-KAR NC: 2025:KHC:45123 WP No. 36191 of 2024 are issued to the respondents-BDA. Accordingly, this Court pass the following: ORDER i) The writ petition is disposed of . ii) The respondents-BDA are directed to consider the petitioners' representations dated 12.12.2023 (Annexure-H) and 07.11.2024 (Annexure-H1) and pass appropriate orders, in accordance with law within an outer limit of eight(8) weeks from the date of receipt of a certified copy of this order. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 1