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IN THE HIGH COURT OF AT

DATED THIS THE 19 TH DAY OF MARCH, 2013

BEFORE

THE HON’BLE MR. JUSTICE A.S. BOPANNA

W.P.NO.50955/2012 & W.P.NOS.6133-6156/2013 (LB-BMP)

BETWEEN:

1. SILVER MANOR APARTMENTS OWNERS ASSOCIATION , SHANTHINAGAR, WARD NO 70-1-10, REPRESENTED BY SECRETARY, MR.CHERIAN THOMAS, S/O.MR.THOMAS CHERIAN, AGED ABOUT 43 YEARS, RESIDING AT 1B, SILVER MANOR APARTMENTS, 10/5 , LANGFORD TOWN, BANGALORE-560025.

2. MR.M.SADANANDHAN, S/O.LATE M.K.KRISHNAN, AGED ABOUT 64 YEARS, RESIDING AT NO 38-G1, 9TH CROSS, PRASHANTHNAGAR, VIJAYNAGAR NORTH, BANGALORE-560079.

3. MR.H.M.A.ABDUL HAMMED, S/O.H.M. ABDUL KADER,

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AGED ABOUT 56 YEARS, RESIDING AT GA, SILVER MANOR APARTMENTS, 10 HOSUR ROAD, LANGFORD TOWN, BANGALORE-560 025.

4. MR.K.L.SUBASH, S/O.K.S.L.RAO, AGED ABOUT 65 YEARS, RESIDING AT 38 2 ND MAIN, BASAPPA LAYOUT, GAVIPURAM EXTENSION, BANGALORE-500 019.

5. MR.AZAD MAXIM VAZ, S/O.LATE MR.BONIFACE VAZ, AGED ABOUT 52 YEARS,

6. MRS.NIRMALA MARIA VAZ, W/O.MR.AZAD MAXIM VAZ, AGED ABOUT 51 YEARS,

PETITIONER NO.5 & 6 ARE RESIDING AT GD, SILVER MANOR APARTMENTS, 10/3, HOSUR ROAD, LANGFORD TOWN, BANGALORE-500 25.

7. RANJITH M.KHANOLKAR, S/O.MR. MURALIDHAR WAMAN KHANOLKAR, AGED ABOUT 46 YEARS, REP. BY GPA HOLDER, VARSHA R.KHANOLKAR,

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8. MRS.VARSHA R.KHANOLKAR, D/O.MR KUDGI SUDHAKAR SHENOY, AGED ABOUT 41 YEARS,

PETITIONER NO.7 & 8 ARE RESIDING AT 1A, SILVER MANOR APARTMENT, 10/4, HOSUR ROAD, LANGFORD TOWN, BANGALORE -60 025.

9. MR.CHERIAN THOMAS, S/O.MR.THOMAS CHERIAN, AGED ABOUT 43 YEARS, RESIDING AT 1B, SILVER MANOR APRTMENTS, 10/5 HOSUR ROAD, LANGFORD TOWN, BANGALORE-560 025.

10. MRS.DEBJANI SEN, W/O.MR.ANIRUDHA SEN, AGED ABOUT 49 YEARS, RESIDING AT # 19 COMMONWEALTH MADAM CAMA ROAD, MUMBAI-400 020.

11. MR.HARSHA VARDHAN SHARMA, S/O.LATE R.D.SHARMA, AGED ABOUT 60 YEARS,

12. MRS.ANJU SHARMA, W/O. HARSH VARDHAN SHARMA, AGED ABOUT 56 YEARS,

PETITIONER NO.11 & 12 ARE RESIDING AT 2211 HAZEL,

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RAHEJA RESIDENCY, , BANGALORE-560 034.

13. MR.RAKESH PADIVAL, S/O.LATE ANANTHRAJ PADIVAL, AGED ABOUT 40 YEARS,

14. MRS.KAVITHA PADIVAL, W/O.RAKESH PADIVAL, AGED ABOUT 39 YEARS,

PETITIONER NO. 13 & 14 ARE RESIDING AT FLAT NO 301, SOVEREIGN PARADISE APARTMENTS, ALEXANDIRA STREET, RICHMOND TOWN, BANGALORE-560 025.

15. MR.SURINDER JIT SINGH, S/O.LATE MR.GURDIAL SINGH, AGED ABOUT 76 YEARS,

16. MR.RAVI SINGH, S/O.DR.SURINDERJIT SINGH, AGED ABOUT 45 YEARS,

PETITIONER NO. 15 & 16 ARE RESIDING AT 2C, SILVER MANOR APARTMENTS, 10/10 HOSUR ROAD, LANGFORD TOWN, BANGALORE-560 025.

17. MR.ABRAHAM MATHEWS, S/O.JOHN MATHEWS, AGED ABOUT 50 YEARS,

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18. MRS.SUMAN ANNA MATHEWS, W/O.MR.ABRAHAM MATHEWS, AGED ABOUT 43 YEARS,

PETITIONER NO. 17 & 18 ARE RESIDING AT 2D, SILVER MANOR APARTMENTS, 10/11, HOSUR ROAD, LANGFORD TOWN, BANGALORE-500 025.

19. MR.BIJOY GEORGE, S/O.SRI.G.GEORGE VAIDYAN, AGED BOUT 37 YEARS, RESIDING AT 3A, SILVER MANOR APARTMENTS, 10/12 HOSUR ROAD, LANGFORD TOWN, BANGALORE-560 025.

20. MRS.NEELU JETHANI, W/O.MR.SACHIN NAYAK, AGED ABOUT 35 YEARS,

21. MR.SACHIN NAYAK, S/O. KRISHNADAS VENKATESH NAYAK, AGED ABOUT 36 YEARS,

PETITIONER NO.20 & 21 ARE RESIDING AT 3B, SILVER MANOR APARTMENTS, 10/13, HOSUR ROAD, LANGFORD TOWN, BANGALORE-560-025.

22. MR.UNNIKRISHNANA GOVINDAN, S/O.LATE MR.GOVINDAN NAMBIAR, AGED ABOUT 46 YEARS,

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23. MRS.BINDU NAMBIAR, W/O.MR.UNNIKRISHNAN GOVINDAN, AGED ABOUT 42 YEARS,

PETITIONER NO.22 & 23 ARE RESIDING AT 3C, SILVER AMANOR APARTMENTS, 10/14 HOSUR ROAD, LANGFORD TOWN, BANGALORE-560 025.

24. MR.TAHER ABBAS ZAVERI, S/O.LATE ABBAS AKBARALI ZAVERI, AGED ABOUT 45 YEARS, RESIDING AT 3D, SILVER AMANOR APARTMENTS, 10/15 HOSUR ROAD, LANGFORD TOWN, BANGALORE-560 025.

25. KALYAN KUMAR, S/O. LATE JOTHI SWAMINATHAN, AGED ABOUT 46 YEARS, RESIDING AT C-64, ANNANAGAR, MADRAS-600 102. ... PETITIONERS

(BY SRI.SIDDAPPA, SRI.SUNIL & SRI.NITIN, ADVS.)

AND:

1. THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560 002 .

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2. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BANGALORE-560 020.

3. THE TOWN PLANNER MEMBER, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BANGALORE-560 020. ... RESPONDENTS

(BY SRI.B V MURALIDHAR, ADV, FOR R1) SRI.K.KRISHNA, ADV. FOR R2 & R3)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF PRAYING TO RESTRAIN THE RESPODNENT NO.1 FROM DEMOLISHING THE PROPERTIES OF THE PETITIONERS TILL THE SECOND RESPONDENT PREPARES A SCHEME AS PER CHAPTER-V OF THE KARNATAKA TOWN & COUNTRY PLANNING ACT-1961 AND ALSO FOLLOWS THE PROCEDURE UNDER SECTION 14A OF THE KARNATAKA TOWN & COUNTRY PLANNING ACT 1961 IN THE LIGHT OF THE DIRECTIONS OF THIS HON'BLE COURT IN W.P. NO.12954-12957 OF 2009 READ WITH WP NO.13241/2009 PASSED ON 16TH NOVEMBER 2010 VIDE ANNEXURE-J.

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:

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O R D E R

The case pleaded by the petitioners is similar to the issue which has been considered by this Court in

W.P. No. 1757/2012 disposed of on 06.03.2013 and W.P.

No.22209/2012 which was disposed of today.

2. In that view of the matter, a direction is issued to the respondent No.1 not to interfere with the peaceful possession and enjoyment of the property by the petitioner by way of demolition or otherwise without acquiring the same in accordance with law. All other observations made in the earlier orders would apply to the instant facts as well.

3. In terms of the above, the petitions stand disposed of.

Sd/- JUDGE

ST*