1

IN THE HIGH COURT OF AT DATED THIS THE 20 TH DAY OF JULY 2012 PRESENT THE HON’BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA R.P.No.66/2012 IN W A No. 1431/2008 & WA Nos.1265-66/2011 C/w. R P No. 67/2012 IN W A No.1424/2008 & WA Nos.1142-64/2011 R P No. 68/2012 IN W A No. 1423/2008 & WA Nos.1267-74/2011

R.P.No.66/2012 IN W A No. 1431/2008 & WA Nos.1265-66/2011 BETWEEN:

1. M/S SURABHI SEVA SANGHA REGD., NO.187, 22 ND CROSS, 6 TH BLOCK, JAYANAGAR, BANGALORE-82 BY ITS SECRETARY SHRI CHANDRASHEKARAIAH S/O BATTAIAH, AGED ABOUT 63 YEARS, R/O NO.228/E, 10 TH CROSS,9 TH MAIN, K.S.R.T.C LAYOUT, J P NAGAR, 2ND PHASE, BANGALORE – 560 078. 2. SHRI S. SUBBARAO S/O LATE KRISHNAMURTHY, AGED ABOUT 75 YEARS, SENIOR CITIZEN R/O NO.187, 22 ND CROSS, 6TH BLOCK, JAYANAGARA, BANGALORE-560 082. 3. SHRI B C MUDDUMADAPPA S/O LATE CHIKKAIAH, AGED ABOUT 87 YEARS R/O 196, 6TH BLOCK, 23 RD CROSS, JAYANAGAR, BANGALORE-560 082. ... PETITIONERS

(BY SRI M R NAIK, SR. COUNSEL A/W SRI M R RAJAGOPAL, ADV.) 2

AND:

1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVT., VIKASA SOUDHA, BANGALORE.

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

3. THE DEPUTY COMMISSIONER LAND ACQUISITION, BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BANGALORE-560 020.

4. THE DEPUTY SECRETARY BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BANGALORE-560 020.

5. KANAKASHRI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., BY ITS PRESIDENT, NO.20/31, 6 TH MAIN ROAD, BASAVESHWARA NAGAR, BANGALORE-560 079.

6. CENTRAL POWER RESEARCH INSTITUTE PROF. SIR C.V.RAMAN ROAD, , BANGALORE-560 080, REP. BY ITS CHIEF ADMINISTRATIVE OFFICER.

... RESPONDENTS (BY SRI B. VEERAPPA, AGA FOR R1)

THIS REVIEW PETITION FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING FOR REVIEW THE ORDER DT: 30-11-2011 PASSED IN WA NO.1431/2008 AND 1265-66/2011, ON THE FILE OF THE HON'BLE HIGH COURT OF KARNATAKA, BANGALORE. 3

R P No. 67/2012 IN W A No.1424/2008 & WA Nos.1142-64/2011:

BETWEEN:

1. SRI B H.HANUMANTHA RAO S/O.VEERANNA AGED ABOUT 68 YRS R/AT.NO.134, 4TH CROSS, IST BLOCK EAST, JAYANAGAR, BANGALORE-11.

2. SMT. RADHAMMA D/O.MUNIYAPPA AGED ABOUT 47 YRS NO.1016, VIJAYANANDANAGAR, 7TH CROSS ROAD, , BANGALORE-96.

3. SMT. MHAJABEEN AKTHER W/O.DR MOHAMED HIDYATHULLA AGED ABOUT 49 YRS, NO.36, ELAHI NURSING HOME, 9TH MAIN, PADARAYANAPURA, BANGALORE-36.

4. SMT. SUFIABIYAMMA W/O.MOHAMMED ISMAIL AGED ABOUT 72 YRS NO.24/B, 3RD FLOOR, MOHAMMADAN BLOCK, , BANGALORE-4.

5. SRI M G JOSHI S/O.LATE GOPINATH JOSHI AGED ABOUT 51 YRS NO.347, V BLOCK, CHIKKASANDRA, BANGALORE-90.

6. SMT. G S CHANDANA W/O.G B SUDHEER AGED ABOUT 29 YRS NO.8, SUBBARAMA CHETTY ROAD BESIDE BHAGEERATHI TRAVELS, 4

NETTAKALLAPPA CIRCLE, BASAVANAGUDI, BANGALORE-4.

7. SRI MOHAMMED ISMAIL S/O.MOHAMMED ISMAIL AGED ABOUT 72 YRS R/O.NO.25/1B, 3RD FLOOR, MOHAMMADAN BLOCK, BASAVANAGUDI, BANGALORE-04.

8. SRI VENKATACHALAIAH S/O.S CHANNAPPA AGED ABOUT 72 YRS NO.34, SRIRANGA SNEHA COLONY CHIKKALLASANDRA, BANGALORE-61.

9. SRI S CHANDRASHEKAR S/O.N SUBBA RAO AGED ABOUT 41 YRS R/O.NO.210, 5TH MAIN ROAD, RPC LAYOUT, BANGALORE-40.

10. S MEERA SHEKAR S/O.SHEKAR B AGED ABOUT 46 YRS FLAT NO.2/107, DIVYA REGENCY NO.29, TATA SILK FARM, BANGALORE-4.

11. SMT. ANASUYA W/O.B K N RAO AGED ABOUT 80 YRS R/O.NO.1557, 25TH MAIN 29TH CROSS, BSK II STAGE, BANGALORE-70.

12. SRI S R NADGIR S/O.RAMA RAO NADGIR AGED ABOUT 75 YRS R/O.C/O.S D KULKARNI NO.42, F-2, BANASRI GRUHALAKSHMI LAYOUT IST STAGE, , BANGALORE-79. 5

13. SMT. P JAYASHREE W/O.R SUNDAR AGED ABOUT 37 YRS NO.8, M S BUILDING, VIVEKNAGAR, BANGALORE-47.

14. SMT. T B VIMALA BAI W/O.S VENKATACHALAIAH AGED ABOUT 70 YRS R/O.NO.34, SRIRANGA SNEHA COLONY CHIKKALLASANDRA, BANGALORE-61.

15. SRI M VENKATESH S/O.MAHABALESHWARA SHET AGED ABOUT 45 YRS R/O.SRI MAHABALESHWARA JEWELLERY WORKS, 8TH MAIN, , SHIVANAHALLI, BANGALORE-10.

16. SMT. A GEETHA W/O.K V SHANKAR AGED ABOUT 47 YRS R/O.NO.60, IST CROSS, MEG LAYOUT, A NARAYANAPURAM, DOORAVANINAGAR, BANGALORE

17. SMT. ANASUYA W/O.P S GUNASHEKAR AGED ABOUT 51 YRS R/O.NO.8, M S BUILDING, VIVEKNAGAR, BANGALORE-47.

18. SMT. M S PRATHAP AGED ABOUT 55 YRS R/O.NO.250, 53 C CROSS, 17TH D MAIN, 3RD BLOCK, RAJAJINAGAR, BANGALORE-10.

19. SMT. N GIRIJA W/O.DR G V NAGARAJ,AGED ABOUT 55 YRS R/O.NO.19, TMC LAYOUT, 7TH CROSS, 34TH MAIN, SARAKKI, BANGALORE 6

20. SMT. R SRIMATHI W/O.B R UMASHANKAR AGED ABOUT 56 YRS R/O.MAJOR, KAMADHENU S V K LAYOUT (SRI VENKATESHWARA KRUPA LAYOUT) BASAVESHWARANAGAR, BANGALORE-79

21. SMT. GAYATHRI W/O.SREDHARA G R/O.NO.66, DEE ESTATE ENCLAVE, KOGIGEHALLI, MARUTHINAGAR, BANGALORE-92.

22. SMT. B N NAGAMANI AGED ABOUT 52 YRS R/O.NO.242, 6TH CROSS 4TH MAIN ROAD, SRINIVASANAGAR, BANGALORE-50.

23. SMT. ANOTHONI MERI W/O.R K HANDE AGED ABOUT 58 YRS R/O.C/O.JOSEPH RAJU NO.11/B, 26TH MAIN, SBM COLONY, BSK IST STAGE, BANGALORE-50.

24. SRI S SHANMUKHAM AGED ABOUT 44 YRS R/O.NO.69, A CROSS ANJANEYA TEMPLE STREET , BSK III STAGE, BANGALORE-85.

25. SMT. S N SOUBHAGYA LAKSHMI R/O.NO.93, 3RD MAIN ROAD, CANARA BANK COLONY,BANGALORE-72.

26. SRI P RAJASHEKAR AGED ABOUT 43 YRS R/O.BASAPPA GARDEN, , BANGALORE-3. 7

27. SMT. SUDHA K W/O.SATHYANARAYANA K AGED ABOUT 46 YRS R/O.NO.216, 4TH BLOCK, 4TH MAIN BASAVESHWARANAGAR, BANGALORE-79.

28. SRI H S RAJANNA S/O.C VEERANNA AGED ABOUT 61 YRS R/O.NO.185, DEEPA SREE IST MAIN, C K ACHAKATTU BSK III STAGE, BANGALORE-85.

29. SRI M G DEVIADAS S/O.GANAPATHI REVANKAR AGED ABVOUT 56 YRS R/O.NO.2843, 3RD CROSS, 13TH MAIN, 2ND STAGE, RAJAJINAGAR, BANGALORE-10.

30. SRI A R VENKATARAMA SHARMA S/O.A RAMASHARMA AGED ABOUT 59 YRS R/O.1556, 29TH CROSS, 25TH MAIN, BSK II STAGE, BANGALORE-70.

31. SMT. K SATHYAVATHI W/O.LATE K A KESHAVAMURTHY AGED ABOUT 67 YRS R/O.NO.299, 2ND BLOCK, BASAVESHWARANAGAR, BANGALORE-79.

32. SRI VASUDEVA S/O.D GURU BHEEMARAVA DESHPANDE AGED ABOUT 62 YRS R/O.NO.30/5, 2ND CROSS, ANJANEYA GUDI BEEDI, HANUMANTHAREDDY BUILDING, YEDIYUR KANAKA PURA ROAD, BANGALORE-82. 8

33. SRI BALAMURALI KRISHNA S/O.K S SUBRAMANYA AGED ABOUT 44 YRS R/O.NO.2/107, FLAT NO.28, TATA SILK FARM, BANGALORE-4.

34. SRI PRAHLADA S/O.BHEEMANA AGED ABOUT 55 YRS R/O.NO.6, 5TH BLOCK, PWD QUARTERS LALBAGH SIDDAPURA JAYANAGAR, BANGALORE-11.

35. SMT. SAMYUKTHA L NAIK AGED ABOUT 48 YRS D/O.K L NAIK R/O.NO.169, 6TH CROSS, 6TH BLOCK, 3RD MAIN, 3RD STAGE, , BANGALORE-95.

36. SMT. MAHALAKSHMI S/O.VENKATARAMA NAIK AGED ABOUT 44 YRS R/O.NO.281. GANESHA NILAYA 2/5 MAIN ROAD, 6TH CROSS A BLOCK, RAMAKRISHNANAGAR, MYSORE-570 021.

37. SMT. VARIJA VISHWANATHA SHENOY W/O.VISHWANATH SHENOY AGED ABOUT 50 YRS R/O.NO.169, 6TH CROSS, 6TH BLOCK, III PHASE, BANASHANKARI BANGALORE-85.

38. SMT. S LAKSHMI W/O.G SATHYANARAYANA SHASTRY AGED ABOUT 51 YRS R/O.NO.195, 5TH MAIN ROAD, CHAMARAJPET, BANGALORE-18. 9

39. SRI GURURAJ S/O.G HALUSIDDAPPA AGED ABOUT 46 YRS R/O.NO.253/1, SHANKARMUTT ROAD, 5TH MAIN, CHAMARAJPET, BANGALORE-18.

40. SMT. SEETHA NAGARAJA W/O.H M NAGARAJ AGED ABOUT 51 YRS R/O.NO.14, KOMALA FEEDES ROAD, SUBRAMANYAPURA POST, BANGALORE-51.

41. SMT. GEETHA VANI P AGED ABOUT 43 YRS HOUSE NO.1252, 9TH MAIN ROAD SREENIVASANAGAR BSK I STAGE, BANGALORE-50.

42. SMT. SHANTHALA AGED ABOUT 43 YRS R/O.NO.121, RAGHAVENDRA LAYOUT, 13TH CROSS, BANGALORE-70.

43. SRI S RAMAKRISHNA K S/O.LATE KRISHNAIAH AGED ABOUT 58 YRS R/O.NO.8, SUBBARAMACHETTY ROAD NEAR NETTAKALAPPA CIRCLE, BANGALORE-4.

44. SRI D BASAVARAJU C/O.B H JAGADISH,AGED ABOUT 46 YRS R/O.FA NO.463, OLD TOWNSHIP POST,BANGALORE-17.

45. SRI H SRINIVAS S/O.HARIYACHAR AGED ABOUT 52 YRS R/O.NO.15, PAVANAJA, 6TH CROSS, KRISHNA TEMPLE ROAD, DWARAKANAGAR BSK III STAGE, BANGALORE-85. 10

46. SRI K NARAYANA RAO S/O.LATE ANANTHA SUBBARAYA AGED ABOUT 47 YRS C/O.CHANNAKESHAVA NILAYA OPP.PRATHIGNA INDUSTRIES, KANAKAPURA ROAD, KAVERINAGAR, BANGALORE-68.

47. SMT. S V SHARADA W/O.H R RAGHUNATHA RAO AGED ABOUT 43 YRS R/O.NO.34, SREE RANGA SNEHA COLONY, CHIKKAKALLASANDRA, BANGALORE-61.

48. SMT. S SHYLAJA W/O.G S SOWMYA KESHAV AGED ABOUT 40 YRS R/O.NO.66/1, 4TH CROSS B STREET, MALLESWARAM, BANGALORE-3.

49. SRI C S UDAYA KUMAR AGED ABOUT 47 YRS S/O.C SIDDAPPA R/O.NO.449-H, 2ND CROSS, 9TH D MAIN, VIJAYANAGAR, BANGALORE-40.

50. SRI CHANDRAKANT SRIKANT BHAVANE C/O.JAMADAR GULSHAN ENTERPRISES AGED ABOUT 41 YRS OPP F C I DORRAVANINAGAR POST VIJINAPURA, BANGALORE-16.

51. SMT. H K NAGARATHNA W/O.S M LAKSHMINARAYANA BAYIRI AGED ABOUT 54 YRS R/O.NO.34/192, 6TH CROSS, IST STAGE, BASAVESHWARANAGAR, BANGALORE-79.

52. SRI S BALASUBRAMANIYAN AGED ABOUT 67 YRS S/O.LATE CHIKKAIAH 11

SARVAMANGALA, NO.180, SARASWATHINAGAR, VIJAYANAGAR, BANGALORE-40.

53. SMT. R RAJAMMAL W/O.LATE G RAMACHANDRAN AGED ABOUT 83 YRS R/O.NO.30, 10TH A CROSS, KEMPEGOWDA LAYOUT, PRASHANTHNAGAR, BANGALORE-79.

54. SMT. S PADMAVATHI W/O.R ANANTHKRISHNA AGED ABOUT 57 YRS R/O.SARVAMANGALA, NO.180, SARASWATHINAGAR, VIJAYANAGAR, BANGALORE-40.

55. SMT. V BHAVANI D/O.K VENKATARAMAN AGED ABOUT 36 YRS R/O.SARVAMANGALA, NO.180, SARASWATHINGAR, VIJAYANAGAR, BANGALORE-40.

56. SRI S VISWANATHAN AGED ABOUT 63 YRS R/O.SARVAMANGALA, NO.180, SARASWATHINGAR, VIJAYANAGAR, BANGALORE-40.

57. SRI S BEULAH AGED ABOUT 31 YRS R/O.NO.43, AECS II STAGE 3RD MAIN, NEAR RMS COLONY , BANGALORE-94.

58. SRI G T BALASUBRAMANYAM AGED ABOUT 42 YRS R/O.NO.7, 2ND CROSS, LINKS ROAD, MALLESWARAM, BANGALORE-3

59. SRIMATHI JAYARAM C/O.S VISHWANATH AGED ABOUT 55 YRS 12

NO.3628, ANUGRAHA, 4TH CROSS C BLOCK, GAYATHRINAGAR, BANGALORE-21.

60. SRI N SHANKARA MURTHY AGED ABOUT 41 YRS R/O.NO.212, C T BUILDING, OPP CANARA BANK, 18TH A BLOCK, I MAIN SUBRAMANYANAGAR, BANGALORE-21.

61. SMT. PADMA AGED 72 YRS R/O.NO.220, SRIRANGA, 8TH A MAIN NTI LAYOUT, , BANGALORE-97.

62. SMT. SHYLAJA RAO AGED 40 YRS R/O.NO.2002, SOUTH END E ROAD, 9TH BLOCK, JAYANAGAR, BANGALORE-69.

63. SRI NANDEESH M L S/O.M L GOWDA AGED ABOUT 32 YRS R/O.NO.937, 3RD CROSS, 3RD BLOCK, 3RD PHASE, BSK II STAGE, BANGALORE-85.

64. SRI K S NARASIMHAIAH S/O.K V SAMPATHAIAH AGED ABOUT 81 YRS R/O.NO.J-23, 3RD CROSS, MAGADI ROAD, BANGALORE-23.

65. SMT. SHASHIKALA SINCE DEAD REP BY HER HUSBAND A P PUTTANNA SHETTY AGED ABOUT 55 YRS R/O.NO.A-35/3, KPWD QUARTERS JEEVANBHEEMANAGAR, BANGALORE-75. 13

66. SRI J G JOSHI AGED ABOUT 53 YRS NO.32/B, 8TH MAIN ROAD, 4TH BLOCK, RAJAJINAGAR, BANGALORE-10.

67. SRI M MAHADEVAIAH AGED ABOUT 57 YRS NO.B 2/2, BWSSB QUARTERS 40TH CROSS, 7TH A MAIN V BLOCK, JAYANAGAR, BANGALORE-40.

68. SRI V GOVINDA RAJAN AGED ABOUT 57 YRS R/O.NO.118, I E H C S LAYOUT, IST CROSS, 6TH A MAIN, 5TH BLOCK VIDYARANYAPURA, BANGALORE-97.

69. SRI S GURURAJ BHAT AGED ABOUT 48 YRS NO.90, 13TH A CROSS, ASHOKNAGAR BANGALORE-50.

70. SRI B R RAMAKUMAR AGED ABOUT 45 YRS NO.324, CANARA BANK COLONY, , VIJAYANAGAR, BANGALORE-40.

71. SMT. S A SUMITHRA AGED ABOUT 66 YRS FLAT NO.107, A BLOCK, RAHEJA PARK, MAGADI MAIN ROAD BANGALORE-79.

72. SMT. N SHANTHAMMAL AGED ABOUT 88 YRS NO.279, BAGALAGUNTE MEI LAYOUT, BANGALORE-73.

73. SRI B K CHANDRASHEKARAIAH S/O.LATE KESHAVAIAH AGED ABOUT 50 YRS 14

R/O.NO.172/2, 3RD C CROSS KATHRIGUPPE MAIN ROAD, VIVEKANANDANAGAR, BANGALORE-85.

74. SRI K N BHARADWAJ AGED ABOUT 47 YRS R/O.NO.36, 2ND CROSS, RAGHAVENDRA LAYOUT, BANGALORE-70.

75. SMT. LEELAVATHI W/O.RAGHAVENDRA AGED ABOUT 49 YRS R/O.NO.66, BEHIND VIKRAM INDUSTRIES SOUTH CROSS ROAD, BASAVANAGUDI, BANGALORE-4.

76. SMT. S G SAROJA W/O.LATE K V KRISHNAPPA AGED ABOUT 40 YRS C/O.K V SHANKARANARAYANA NO.70, IV CROSS, SBM COLONY BSK I STAGE, BANGALORE-50.

77. SMT. B S SUJATHA W/IO.M NANDEESHAMURTHY AGED ABOUT 49 YRS NO.318, 20, BEHIND 5TH BTS DEPOT IST G CROSS, VIJAYANAGAR BANGALORE-40.

78. SMT. P JANSI W/O.PONARAJA AGED ABOUT 50 YRS R/O.NO.134, 4TH CROSS, IST BLOCK EAST, JAYANAGAR BANGALORE-11.

79. SMT. M CHANDRAMUKHI W/O.S H PUTTAGANGAIAH AGED ABOUT 55 YRS NO.2172, 4TH MAIN ROAD RPC EXTENSION, VIJAYANAGAR 2ND STAGE BANGALORE-40. 15

80. SMT. D SREEDEVI W/O.MOHAN VASUDEV AGED ABOUT 54 YRS R/O.NO.1180, 10TH CROSS, ASHOKNAGAR, BSK IST STAGE, BANGALORE-50.

81. SMT. B SAROJA W/O.M L GOPALAKRISHNA PRASAD AGED ABOUT 37 YRS NO.874, 28TH MAIN ROAD, 9TH BLOCK, JAYANAGAR, BANGALORE-69.

82. SRI REDDY RAMACHANDRAN S/O.REDDY BULLIVENKANNA AGED ABOUT 60 YRS NO.13, SRINIVASA LAYOUT, WARD NO.5, K R PURAM, BANGALORE-36.

83. SRI B SURYANARAYANA S/O.VEERANNA C/O.B KIRAN KUMAR AGED ABOUT 56 YRS NO.18, 3RD FLOOR, 2ND STAGE 3RD PHASE, 3RD CROSS ROAD, 3RD MAIN, BDA LAYOUT, BANGALORE-71.

84. SRI P SUDARSHAN S/O.PREMARAJ C/O.M L GOPALA KRISHNA PRASAD AGED ABOUT 40 YRS NO.874, 28TH MAIN ROAD 9TH BLOCK, JAYANAGAR, BANGALORE-69.

85. SRI M S KUMARASWAMY S/O.M S KRISHNA MURTHY AGED ABOUT 48 YRS PWD QUARTERS, NANDINI LAYOUT BANGALORE-96 16

86. SRI B V S S PRAKASHA RAO S/O.VEERANNA, C/O.A SARAT BABU AGED ABOUT 50 YRS NO.1252, 9TH B MAIN ROAD, 6TH CROSS SRINIVASANAGAR, BSK IST STAGE, BANGALORE-50.

87. SRI M SATHYANARAYAN S/O.PRABHAKARA RAO C/O.M L GOPALAKRISHNA PRASAD AGED ABOUT 47 YRS NO.874, 28TH MAIN ROAD, 9TH BLOCK, JAYANAGAR, BANGALORE-69.

88. SRI S V RAGHAVALU S/O.SATHI RAJU C/O.B PADMAVATHI AGED ABOUT 39 YRS NO.134, 4TH CROSS, IST BLOCK, EAST JAYANAGAR, BANGALORE-11.

89. SMT. B V VENKAYAMMA W/O.B SURYANARAYANA AGED ABOUT 51 YRS NO.134/12, 4TH CROSS, IST BLOCK, EAST JAYANAGAR, BANGALORE-11.

90. SRI K SRINVIASA RAO AGED ABOUT 57 YRS NO.75, VITOBA NILAYA 2ND TEMPLE ROAD, 15TH CROSS MALLESHWARAM, BANGALORE-3.

91. SMT. NADAN VIJAYA W/O.VENKATESWARULU C/O.REDDY RAMACHANDRAN AGED ABOUT 42 YRS NO.13, SRINIVASA LAYOUT, WARD NO.5, K R PURAM, BANGALORE-36. 17

92. SRI GARAVALI HAP BABU S/O.BRAHMAJI RAO C/O.REDDY RAMACHANDRAN AGED ABOUT 46 YRS NO.13, SRINIVASA LAYOUT, WARD NO.5, K R PURAM, BANGALORE-36

93. SRI DHANAULLAH S/O.S ABDUL RAZACK AGED ABOUT 61 YRS M R NO.10/C, SFHS LAYOUT, BTM 2ND STAGE, BANGALORE-76.

94. SRI RAVINDRA ADIGA AGED ABOUT 44 YRS NO.994, 2ND RAILWAY PARALLEL ROAD SATELITE TOWN, BANGALORE-60.

95. SRI M ASHOKUDU S/O.RAMACHANDRA RAO AGED ABOUT 51 YRS NO.1147, IST FLOOR, 26TH A MAIN ROAD, 9TH BLOCK, JAYANAGAR, BANGALORE-69.

96. SRI MULLAPUDI SATHYANARAYANA S/O HANUMANTHA RAO AGED ABOUT 42 YEARS NO.1259, 9TH B MAIN ROAD 6TH CROSS, BSK IST STAGE SRINIVASANAGAR BANGALORE 560050

97. SMT BHAGYA W/O S K ANANDA GOWDA AGED ABOUT 32 YEARS C/O V.C.SHIVAKUMAR NO.13, BOMMAKKA BUILDING 2ND CROSS ROAD, 2ND MAIN ROAD HOSAHALLI, VIJAYANAGAR, BANGALORE-76 18

98. SRI A M CHIDANANDASWAMY S/O LATE A M VIRUPAKSHAIAH AGED ABOUT 53 YEARS C/O C MANI NO.319, 2ND PHASE, BEHIND BRIGHT HARIJAN SCHOOL, MANJUNATHA NAGAR BANGALORE 560010

99. SRI M B BYRANNA AGED ABOUT 58 YEARS NO.3489/10A, 6TH CROSS GAYATHRINAGAR BANGALORE 560021

100. SMT LAKSHMI @ RAJAMANI D/O RAMAIAH AGED ABOUT 41 YEARS NO.1609, 1ST A CROSS ROAD 3RD MAIN ROAD, CHANDRA LAYOUT VIJAYANGAR 2ND PHASE BANGALORE 560040

101. SRI N R.RAMAKRISHNA S/O LATE D.K.RAMACHANDRAIAH AGED ABOUT 57 YEARS R/A NO.258, 5TH CROSS KEMPEGOWDA NAGAR, BANGALORE 560019

102. SRI K N NARAYANASWAMY AGED ABOUT 42 YEARS R/A NO.236, 3RD STAGE, 4TH CROSS, 6TH MAIN, SHARADA COLONY, BASAVESHWARANAGAR BANGALORE 560079

103. SRI K N NARASIMHA PRASAD AGED ABOUT 45 YEARS R/A NO.236, 3RD STAGE, 4TH CROSS, 6TH MAIN, SHARADA COLONY 19

BASAVESHWARANAGAR BANGALORE 560079

104. SMT VIJAYALASKHMI H T AGED ABOUT 47 YEARS R/A NO.148, SREE LAKSHMI NILAYA BEHIND SREE ANJANEYA SWAMY TEMPLE (TUNGANAGAR) BANGALORE 560091

105. SRI VENKATESH NAGAPPA AGANASHIKAR S/O NAGAPPA AGANASHIKAR AGED ABOUT 53 YEARS R/A NO.76, DHANALAKSHMI JEWELERS PIPELINE, 3RD CROSS,MALLESHWARAM BANGALORE 560003

106. SMT RAJAMANI W/O N RANGANATH AGED ABOUT 51 YEARS R/A NO.1331, 3RD CROSS, 9TH MAIN,HANUMANTHANAGARA BANGALORE 560019

107. SRI RAMACHANDRACHARI S/O LATE VENKATACHARI AGED ABOUT 50 YEARS R/A NO.A-106/2, KPWD QUARTERS JEEVAN BHIMANAGAR BANGALORE 560075

108. SMT S SUMANGALAMMA W/O R J SREEPAL AGED ABOUT 93 YEARS R/A NO.195, 19TH C MAIN 1ST BLOCK, JAYANAGAR BANGALORE 560011

109. SRI B N DILIP KUMAR S/O B K ANGARAJA RAO AGED ABOUT 57 YEARS R/A NO.1157, 29TH CROSS BSK 2ND STAGE BANGALORE 560070 20

110. SRI H S PHANIRAJ S/O H V SATHYANARAYANA RAO AGED ABOUT 41 YEARS R/A NO.10/1, 4TH MAIN ROAD 3RD BLOCK, BANGALORE 560028

111. SRI H S VASUKI S/O H V SATHYANARAYANA RAO AGED ABOUT 39 YEARS R/A NO.10/1, 4TH MAIN ROAD 3RD BLOCK, THYAGARAJANAGAR BANGALORE 560028

112. SMT VAHIDA SULTHANA W/O MOHAMMED ARIFULLA AGED ABOUT 37 YEARS R/A NO.331, OPP.KAAZSHAHDI MAHAL MTB ROAD BANGALORE 560002

113. SRI S V MURTHY S/O LATE SUBRAYA HERLE AGED ABOUT 61 YEARS R/A NO.24, 1ST MAIN ROAD VINAYAKANAGAR, BSK 1ST STAGE BANGALORE 560050

114. SMT T D MALATHI W/O C ANKUSWAMY AGED ABOUT 53 YEARS R/A NO.4/13, 1ST MAIN 4TH CROSS, MANJUNATHANAGAR MAGADI ROAD BANGALORE 560023

115. SMT ASHABIYAMMA W/O S A BHARI AGED ABOUT 42 YEARS R/A NO.25/B, H.MOHAMMADAN BLOCK BASAVANAGUDI BANGALORE 560004 21

116. SRI S D KULKARNI S/O D H KULKARNI AGED ABOUT 57 YEARS R/A NO.42, F BANASHREE GRIHA LAKSHMI LABEL I BASAVESHWARANAGAR BANGALORE 560079

117. SRI M N NARASIMHASWAMY S/O M N NAGARAJ AGED ABOUT 52 YEARS NO.1179, GOVT. HIGH SCHOOL ROAD SREENIVASANAGAR BANGALORE 560076

118. SRI C SIDDAPPA AGED ABOUT 76 YEARS NO.449H, 2ND CROSS 9TH D MAIN, VIJAYANAGAR BANGALORE 560040

119. SRI YESHWANTHA HALABANDI S/O HANAVANTA HALABANDI AGED ABOUT 57 EARS NO.229/6, 1ST FLOOR, BULL TEMPLE ROAD NEAR UMA TALKIES, CHAMARAJPET BANGALORE 560018

120. SMT N SUMANGALA D/O S C NARASIMHAIAH AGED ABOUT 49 YEARS NO.356, 3RD BLOCK RAJAJINAGAR BANGALORE 560010

121. SMT S N CHANDRIKA D/O S C NARASIMHAIAH AGED ABOUT 42 YEARS NO.356, 3RD BLOCK RAJAJINAGAR BANGALORE 560010 22

122. SRI N HARISH S/O M NARAYANA RAO AGED ABOUT 42 YEARS NO.U.16, PIPELINE MALLESHWARAM BANGALORE 560003

123. SRI PRABHAKAR M SHAIT S/O MAHABALESHWARA SHAIT AGED ABOUT 55 YEARS NO.3766/A, 9TH MAIN ROAD B BLOCK, 2ND STAGE, SHANKARNAG CIRCLE BANGALORE 560021

124. SRI K R JAGADISH S/O LATE K G RANGANATHA RAO AGED ABOUT 61 YEARS C/O C.N.SRINIVASIAH NO.1556, 29TH CROSS, BANASHANKARI, BANGALORE 560070 ... PETITIONERS (BY SRI M R NAIK, SR. COUNSEL & SRI M R RAJAGOPAL, ADV.)

AND :

1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF HOUSING & URBAN DEVELOPMENT,VIKASA SOUDHA M.S.BUILDING,BANGALORE

2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST BANGALORE-560020

3. THE DEPUTY COMMISSIONER LAND ACQUISITION BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST BANGALORE-560020 23

4. THE DEPUTY SECRETARY BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST BANGALORE-560020

5. KANAKASHRI HOUSE BUILDING CO-OP SOCIETY LTD BY ITS PRESIDENT NO.20/31, 6TH MAIN ROAD BASAVESHWARA NAGAR, BANGALORE 560 079

6. CENTRAL POWER RESEARCH INSTITUTE PROF.SIR C V RAMAN ROAD SADASHIVANAGAR BANGALORE 560080 REP BY ITS CHIEF ADMINISTRATIVE OFFICER

... RESPONDENTS (By Sri B. VEERAPPA, AGA FOR R1)

R P No. 68/2012 IN W A No. 1423/2008 & WA Nos.1267-74/2011:

BETWEEN:

1. SMT CHANDRAMATHY D/O LATE K NAGESH RAO AGED ABOUT 49 YEARS R/O NO 8, SUBBARAMA CHETTY ROAD BASAVAANAGUDI, BANGALORE 560004

2. SMT SHARADAMMA W/O T GUNDU RAO, AGED ABOUT 49 YEARS R/O NO 1016, 7TH CROSS VIJAYANADA NAGAR, NANDINI LAYOUT BANGALORE 560096

3. SRI M D SHIVASHANKAR S/O LATE M D GURUMURTHY RAO AGED 54 YEARS, R/O NO 10, RAJATH 23RD CROSS MARUTHINAGAR, BANGALORE 560064 24

4. SRI V R PRAKASH BABU S/O LATE V R RAMANUJAIAH AGED ABOUT 39 YEARS, R/O NO 19, G-13, 13 STREET, JOGUPALYA BANGALORE 560080

5. SRI R MURALI S/O N S RAJAGOPAL AGED ABOUT 47 YEARS R/O 53, 2 MAIN ROAD SHESHADRIPURAM, BANGALORE 560020

6. SMT S PADMAVATHI W/O K L SATHYANARAYANA, AGED ABOUT 58 YR R/O NO 60, SREE NILAYAM SHARADANAGAR, YELACHENAHALLI KOKANAKUNTE POST, BANGALORE 560062

7. SMT PRABHAVATHI D/O SRINIVASA RAO AGED 44 YEARS R/O NO 74/24, 15 MAIN INDUSTRIES AND COMMERCE LAYOUT VIJAYANAGAR, BANGALORE 560040

8. SMT KANTHAMANI W/O A G GURURAJ AGED 56 YEARS, R/O NO 12, KOTE BANGALORE 560087

9. SRI V SREENIVASAIAH S/O VARADACHAR AGED 57 YEARS R/O NO 53, YELLAPPA REDDY ROAD ARAKERE, BANGALORE 560072 ... PETITIONERS (BY SRI M R NAIK, SR. COUNSEL & SRI M R RAJAGOPAL, ADV.) 25

AND:

1. STATE OF KARNATAKA BY ITS SECRETARY DEPT OF HOUSING AND URBAN DEVELOPMENT VIKAS SOUDHA, BANGALORE.

2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST BANGALORE 560020

3. THE DEPUTY COMMISSIONER LAND ACQUSITION BANGALORE DEVELOPMENT AUTHROITY KUMARA PARK WEST BANGALORE 560020

4. THE DEPUTY SECRETARY BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST BANGALORE 560020

5. KANAKASHRI HOUSE BUILDING COOPERATIVE SOCIETY LTD, BY ITS PRESIDENT NO 20/31, 6TH MAIN ROAD BASAVESHWARA NAGAR BANGALORE-560079 ... RESPONDENTS (By Sri B. VEERAPPA, AGA FOR R1)

THIS REVIEW PETITION FILED UNDER ORDER 47 RULE 1 OF CPC, PRAYING FOR REVIEW THE ORDER DATED 30- 11-2011 PASSED IN WA NO.1424/2008 AND 1142- 1264/2011, ON THE FILE OF THE HON'BLE HIGH COURT OF KARNATAKA, BANGALORE.

THESE REVIEW PETITIONS COMING ON FOR ADMISSION THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

ORDER 26

ORDER

Vikramajit Sen, CJ (Oral)

By means of these review petitions, it is sought to be contended that errors apparent on the face of the record have occurred in the Judgment dated 30.11.2011. In particular, our attention has been drawn to the following passage in the said

Judgment:

“…….However, they are only entitled to work out their remedy as per the conditions laid down in Junjamma’s case and therefore, when once it is held that appellants have already taken steps to work out remedy pursuant to the direction in Junjamma’s case and acquisition has been upheld and land has vested and layout has been formed, the question of challenging the acquisition would not arise and therefore, the appellants cannot be said to have any locus standi to challenge bulk allotment made in favour of respondents 5 and 6. Further, having regard to the fact that the bulk allotment has been made in favour of respondents-5 and 6 and the said bulk allotment is likely to affect the rights of the appellants as their representations for deletion of land from acquisition and allotment of alternate site are pending consideration, they would held to be affected parties and it cannot 27

be said that they cannot challenge at all the bulk allotment made in favour of respondents- 5 and 6. “

2. In this context, it is apparent to us that a secretarial error or error in transcription has occurred. The last sentence shall be deemed to read as follows:

“….Further, having regard to the fact that the bulk allotment has been made in favour of respondents 5 & 6, the said bulk allotment is not likely to affect the rights of the appellants as their representation for deletion of land from acquisition and allotment of alternate site are pending consideration, they would be held not to be affected parties and it cannot be said that they can challenge the bulk allotment made in favour of respondents 5 & 6.”

3. The second question that has been raised is that, there is an error apparent on the face of the record in the conclusion arrived at in paragraph-19, it reads thus:

“….The material on record would clearly show that possession of the land which has been allotted in favour of fifth respondent has been taken by the BDA on 7.11.2006 and on 23.11.2007 and the same has been handed to the fifth respondent as per Annexure-R1 and 28

further, Khata has also been changed in the name of fifth respondent…..”

4. The contention of the learned Sr.Counsel for the applicant is that, this observation is erroneous in as much as, interim orders had been passed in favour of the petitioners from the inception of the proceedings.

5. We have perused the pleadings and the application

(I.A.3/08 filed for stay in WA No.1423/2008) and the prayers contained in the latter reads as follows:

“Wherefore the appellants most respectfully pray that this Hon’ble Court be pleased to stay the operation and implementation and others Consequential acts in pursuant to the intimation of bulk allotment dated 16-4-2007. Copy of which is produced as Annexure-W in the Writ Petition No.4198/2008 in proceedings No.BDA/UKAA/ (Hanchike) / Ramasandra / 2816 / 2007-08 Pending disposal of these appeals in the ends of justice and equity.”

6. No indication whatsoever can be drawn either from the prayer or from any orders passed that the Court had arrived at and even prima facie conclusion that the petitioners were in possession of the said land at the inception of the 29 proceedings. This is in fact not even the prayer made in the interim application.

7. In these circumstances, no grounds for review made out or exist.

Dismissed.

Sd/- CHIEF JUSTICE

Sd/- JUDGE

Sk/-