In the High Court of Karnataka at Bangalore Dated This the 19Th Day of February 2014 Present the Hon'ble Mr.D.H.Waghela, Chief J

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 19TH DAY OF FEBRUARY 2014 PRESENT THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION NO. 31562/1997 (BDA-PIL) BETWEEN : B. KRISHNA BHAT S/O LATE B. NARAYANA BHAT AGED ABOUT 65 YEARS R/AT NO. 399, J.P. ROAD GIRINAGAR BANGALORE – 560 085 ... PETITIONER (BY SRI D. VENUGOPAL, ADV., [ABSENT]) AND : 1. THE BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARAPARK WEST BANGALORE – 560 020 REPRESENTED BY ITS COMMISSIONER 2. THE STATE OF KARNATAKA REPRESENTED BY SECRETARY HOUSING & URBAN DEVELOPMENT VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BANGALORE – 560 001 3. BANGALORE METROPOLITAN REGIONAL DEVELOPMENT AUTHORITY 2 ALI ASKAR ROAD BANGALORE – 560 052 REPRESENTED BY ITS COMMISSIONER 4. MRS. JAYASHREE W/O P.N.A. PRASAD, MAJOR AGRICULTURIST & INDUSTRIALIST 1:59, CHBS LAYOUT, VIJAYANAGAR, BANGALORE – 560 040. (IMPLEADED V/O DT. 4.12.98) 5. THE FOUNDATION FOR REVITALISATION OF LOCAL HEALTH TRADITIONS (FRLHT) REPRESENTED BY ITS DIRECTOR (IMPLEADED V/O DT. 4.12.98) 6. K.N.S. MEMORIAM CHARITABLE TRUST NO.6, 1 ST FLOOR, PLAIN STREET SHIVAJINAGAR, BANGALORE–560 001 REPRESENTED BY ITS MANAGING TRUSTEE SMT. ZAREEN KANJI (IMPLEADED V/O DT. 1.2.2001) 7. M/S MANTRA EXPORTS PRIVATE LTD., NO. 12 B/C, STEEL MANDI INDUSTRIAL ESTATE NARUL-ANAROSHI, ANDHERI EAST MUMBAI–400 059 REPRESENTED BY ITS DIRECTOR MR. NITIN NAYAK (IMPLEADED V/O DT. 10.7.2001) 8. M. SRINIVASAN S/O LATE MUTTUSWAMY GOUNDAR AGED ABOUT 47 YEARS R/O DODDAKANAHALLI VILLAGE VARTHUR HOBLI BANGALORE SOUTH TALUK (IMPLEADED V/O DT. 10.7.2001) 9. SMT. SAVITHRI SRINIVASAN W/O M. SRINIVASAN AGED 38 YEARS R/O DODDAKANAHALLI VILLAGE 3 VARTHUR HOBLI BANGALORE SOUTH TALUK (IMPLEADED V/O DT. 10.7.2001) 10. M/S. HIMALAYA DRUG COMPANY REP BY ITS EXECUTIVE DIRECTOR SRI S.K. MITRA S/O SHRI P.C. MITRA AGED ABOUT 42 YEARS, MAKALI VILLAGE DASANAPURA HOBALI BANGALORE NORTH TALUK (IMPLEADED V/O DT. 30.4.2002) 11. THE ABRAHAM MEMORIAL EDUCATION TRUST NO. 759, NEW TOWN, K H B COLONY YELAHANKA, BANGALORE – 560 064 REPRESENTED BY ITS CHAIRMAN AND MANAGING TRUSTEE SRI ISSAC S/O LATE M.V. ABRAHAM (IMPLEADED V/O DATED 30.04.2002) 12. SRI ISSAC S/O LATE M.V. ABRAHAM AGED ABOUT 65 YEARS CHAIRMAN AND MANAGING TRUSTEE OF THE ABRAHAM MEMORIAL EDUCATION TRUST, R/AT PRINCIPAL’S QUARTRES BISHOP COTTON BOY’S SCHOOL CAMPUS ST. MARKS ROAD, BANGALORE – 560 001 (IMPLEADED V/O DT. 30.4.2002) 13. SRI SRINIVASA TRUST (A PUBLIC CHARITABLE TRUST, REGISTERED UNDER THE TRUST ACT), HAVING ITS OFFICE AT NO. 7/21, 1 ST CROSS, 9 TH MAIN RMV EXTENSION, BANGALORE-560080 REP BY ITS CHAIRMAN & MANAGING TRUSTEE SHRI D.K.AUDIKESUVULU S/O LATE SHRI D.K.NAIDU (IMPLEADED V/O DT. 30.4.2002) 14. DEVADAN DAIRY AND AGRICULTURAL SOCIETY KANMANIKE VILLAGE, KENGERI HOBALI KUMBALGOD POST BANGALORE SOUTH TALUK, BANGALORE REPRESENTED BY ITS ADMINISTRATOR 4 FATHER MATHEW.J. (IMPLEADED V/O DT. 30.4.2002) …RESPONDENTS (BY SRI K. KRISHNA, ADV., FOR R-1; SMT. NILOUFER AKBAR, AGA FOR R-2; SRI H. BASAVARAJ, ADV., FOR R-3; SRI ANANT V. ALBAL, ADV., FOR R-4; SRI M/S.HOLLA & HOLLA, ADVS., FOR R-5; SRI R. SUBRAMANYA, ADV., FOR SRI ASHOK HARANAHALLI, ADV., FOR R-6, 8, 9 & 14 AND FOR APPLICANT IN I.A.XV/02; SRI G. KRISHNAMURTHY, ADV., FOR R-7; SRI V. CHANDRAPPA, ADV., FOR R-10; SRI R.S. HEGDE, ADV., FOR R-11 & 12; SRI M.B. CHANDRACHOOD, ADV., FOR R-13; SRI L.VENKATARAMAREDDY, ADV., FOR APPLICANT NOS.2 & 4 IN I.A.VI; SRI B.K.MANJUNATH, ADV., FOR APPLICANT NO.5 IN I.A.VI; SRI K.VISHWANATH ASSOCIATES, ADVS., FOR APPLICANTS IN I.A.II/2002; SRI K.T.SEBASTIAN & SRI GEORGE JOSEPH, ADVS., FOR APPLICANTS IN I.A.XIII/02; SRI S SHIVANAND, ADV., FOR APPLICANT IN I.A.XVIII/02; SRI PRASHANTH .N, ADV., FOR APPLICANTS IN I.A.NOS.20 & 21/02; SRI G G CHAGASHETTY & SRI I R BIRADAR, ADVS., FOR APPLICANTS IN I.A.NO.I/03 & II/03) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 AND 2 TO KEEP INTACT THE GREEN BELT AREA IN THE REVISED COMPREHENSIVE DEVELOPMENT PLAN AS PER ANNEXURE-A FOR THE PURPOSE FOR WHICH IT IS EARMARKED IN THE REVISED CDP AND ETC., THIS WRIT PETITION COMING ON FOR FINAL DISPOSAL THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING: 5 ORDER D.H.WAGHELA, CJ (Oral) 1. None present for the petitioner. 2. It was stated at the Bar on Behalf of the respondents appearing in the instant case, as well as the other PILs viz., Writ Petition No.3676/2008 and connected cases, that in view of the order made therein today, the present petition does not survive for further consideration. 3. Under the circumstances, it is disposed as dismissed. 4. In view of dismissal of the writ petition, the interlocutory applications are not taKen up for consideration and they are directed to Be filed. Sd/- CHIEF JUSTICE Sd/- JUDGE bkv .

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