1 in the High Court of Karnataka at Bengaluru Dated This the 18Th Day of July, 2017 Before the Hon'ble Mr.Justice B.S.Patil W
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1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18 TH DAY OF JULY, 2017 ® BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.Nos.32950-951/2015 c/w W.P.Nos.32917-933/2015, W.P.Nos.32934-949/2015 (LA-BDA) IN W.P.Nos.32950-951/2015: BETWEEN 1. SRI. MUNIBYRAPPA S/O LATE MUNIYAPPA, R/AT ULLALU VILLAGE, YESHWANTHAPURA HOBLI, BAGALORE NORTH TALUK, BANGALORE 5600110. 2. SRI BASAPPA AGED 65 YEARS, R/AT ULLALU VILLAGE, YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE 5600110. ... PETITIONERS (By Sri Y.R.SADASHIVAREDDY, SR.COUNSEL FOR Sri N.CHANNAKRISHNAPPA, ADV.) AND 1. STATE OF KARNATAKA REP BY ITS SECRETRAY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE 560001. 2 2. BANGALORE DEVELOPMENT AUTHORITY, REP BY ITS COMMISSIONER T.CHOWDAIAH ROAD, KUMARA PARK, BANGALORE 560020. 3. THE DEPUTY COMMISSIONER (LAND ACQUISITION) T.CHOWDAIAH ROAD, KUMARA PARK, BANGALORE 560020. 4. THE ADDITIONAL LAND ACQUISITION OFFICER T.CHOWDAIAH ROAD, KUMARA PARK, BANGALORE 560020. ... RESPONDENTS (By Sri VIJAYAKUMAR A.PATIL, AGA FOR R1; Sri G.LAKSHMEESH RAO, ADV.FOR R2-R4 ) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 15.4.2002 ISSUED BY THE R-2 PUBLISHED IN GAZETTE ON 23.5.2002 AND FINAL NOTIFICATION DATED 31.10.2002, ISSUED BY THE R-1 IN RESPECT OF THE LAND BEARING SY.NOS. 154 MG AN EXTENT OF 0-20.6 GUNTAS, SITUATED AT ULLALU VILLAGE, YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK VIDE AS ANN-A AND B AND ETC. IN W.P.Nos.32917-933/2015: BETWEEN 1. SRI. YESHWANTH BABU AGED 50 YEARS S/O LATE D.R.HANUMANTHU R/AT NO.2, 2 ND MAIN ROAD 5TH BLOCK, RAJAJINAGAR, BANGALORE 560010. 2. SMT. B.S.SHARADAMBHA AGED ABOUT 65 YEARS W/O B PUTTARAMU R/AT NO.273/4, 5, 6 ‘SAMRUDDDHI’ ULLAU VILLAGE, POST OFFICE ROAD 3 ULLALU UPANAGARA BANGALORE 560110. 3. SRI B.S.RANGANNA AGED ABOUT 60 YEARS S/O SEEBAIAHA R/AT NO.2 AND 3 BYRAVESHWARA NAGARA ULLALU UPANAGARA BANGALORE 560110 4. SRI K.M.GIRIDHAR AGED ABOUT 62 YEARS S/O MADAIAH R/AT NO.4, BYRAVESHWARA NAGARA, ULLALU UPANAGARA BANGALORE 560110. 5. SMT.RADHAMANI AGED ABOUT 56 YEARS W/O SRI MAHENDRA R/AT NO.2, 2 ND MAIN ROAD 5TH BLOCK, RAJAJINAGARA, MALLESHWARAM, BANGALORE 560 003. 6. SMT.BHARATHI AGED ABOUT 54 YEARS D/O SRI MUNITHIMMAIAH R/AT NO.2, 2 ND MAIN ROAD 5TH BLOCK, RAJAJINAGARA BANGALORE 560010. 7. SMT.R.SARASWATHI AGED ABOUT 50 YEARS W/O SRI P N SHANKARNARAYANA R/AT NO. 9 AND 10 BYRAVESHWARA NAGARA ULLALU UPANAGARA BANGALORE 560110 8. SRI BOMMEGOWDA AGED ABOUT 45 YEARS S/O BOMMEGOWDA @ PAPEGOWDA R/AT NO.13, BYRAVESHWARA NAGARA ULLALU UPANAGARA BANGALORE 560110. 4 9. SRI V.L.KRISHNAMURTHY AGED ABOUT 72 YEARS S/O LATE V R LAKSHMINARAYANA IYER R/AT NO.15 BYRAVESHWARA NAGARA ULLALU UPANAGARA BANGALORE 560110 10. SRI V.R.VISHWANATHAN AGED ABOUT 55 YEARS S/O V S RAMAIYER R/AT NO.16 BYRAVESHWARA NAGARA ULLALU UPANAGARA BANGALORE 560110 11. SMT. JANAKI BALASUBRAMANIAN AGED ABOUT 51 YEARS W/O SRI BALASUBRAMANIAN R/AT NO.17 BYRAVESHWARA NAGARA ULLALU UPANAGARA BANGALORE 560110 12. SRI KIRANKUMAR AGED ABOUT 65 YEARS S/O SAROJAMMA R/AT NO.392 MANGANAHALLI CROSS BYRAVESHWARA NAGARA ULLALU UPANAGARA BANGALORE 560110 13. SMT.GOWRAMMA W/O SRI LINGAPPA R/AT NO.2 AND 3 BYRAVESHWARA NAGARA ULLALU UPANAGARA BANGALORE 560010 14. SRI R.RAJANNA GAED ABOUT 45 YEARS S/O RANGAPPA R/AT NO.30 BYRAVESHWARA NAGARA ULLALU UPANAGARA BANGALORE 560010 5 15. SRI MUDDEGOWDA AGED ABOUT 56 YEARS S/O SRI RANGAPPA R/AT NO.30 BYRAVESHWARA NAGARA ULLALU UPANAGARA BANGALORE 560010 16. SMT. PREMA AGED ABOUT 42 YEARS W/O SRI BASAVARAJU R/AT NO.31A BYRAVESHWARA NAGARA ULLALU UPANAGARA BANGALORE 560010 17. SMT. N.LAKSHMI @ GIRIJA AGED ABOUT 34 YEARS W/O SRI Y P NAGARAJU R/AT NO.32A, BYRAVESHWARA NAGARA ULLALU UPANAGARA BANGALORE 560010. ... PETITIONERS (By Sri Y.R.SADASHIVAREDDY, SR.COUNSEL FOR Sri N.CHANNAKRISHNAPPA, ADV.) AND 1. STATE OF KARNATAKA REP BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BANGALORE 560001. 2. BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER T.CHOWDAIAH ROAD KUMARA PARK BANGALORE 560 020. 3. THE DEPUTY COMMISSIONER (LAND ACQUISITION) T.CHOWDAIAH ROAD KUMARA PARK BANGALORE 560020 6 4. THE ADDITIONAL LAND ACQUISITION OFFICER T.CHOWDAIAH ROAD KUMARA PARK BANGALORE 560020. ... RESPONDENTS (By Sri VIJAYAKUMAR A.PATIL, AGA FOR R1; Sri B.S. SACHIN, ADV. FOR R2-R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE PRELIMINARY NOTIFICATION DT.15.4.2002 ISSUED BY THE R-2 PUBLISHED IN GAZETTE ON 23.5.2002 AND FINAL NOTIFICATION DT.30.10.2002 PUBLISHED ON 31.10.2002, ISSUED BY THE R-1 IN RESPECT OF THE LAND BEARING SY.NOS.152/3 MEASURINGG AN EXTENT OF 0-36 GUNTAS, SITUATED AT ULLALU VILLAGE, YESHWANTHPURA HOBLI, BANGALORE NORTH TQ., VIDE AS ANNX-A & B AS LAPSED THE SCHEME AS PER THE PROVISINS OF SECTION 27 OF BANGALORE DEVELOPMENT ACT AND R/W SECTION 24[2] OF RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION REHABILITATION AND RESETTLEMENT ACT 2013 AND ETC. IN W.P.Nos.32934-949/2015: BETWEEN 1. SRI. MUNIBYRAPPA AGED 68 YEARS, S/O LATE MUNIYAPPA, R/AT ULLALU VILLAGE, YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE 560110 2. SRI BASAPPA AGED 65 YEARS, S/O LATE MUNIYAPPA, R/AT ULLALU VILLAGE,YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE 560110 3. SMT.KRISHNAMMA AGED 50 YEARS, W/O LATE ANDHANAPPA R/AT ULLALU VILLAGE, 7 YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE 560110. 4. SRI PARASHIVAIAH AGED 48 YEARS, S/O H S LINGIAH R/AT ULLALU VILLAGE, YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE 560110 5. SMT.ANUSUYA AGED 50 YEARS, W/O RANGASWAMY, R/AT NO.3, MUNIYAPPA LAYOUT, ULLALU VILLAGE, YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560 110. 6. SRI.CHELUVA.V., AGED 52 YARS, S/O VEERAGUDDAIAH R/AT NO.29, 2 ND MAIN ROAD, SHIVANAGARA, BANGALORE-560010 7. SRI. KRISHNAPPA AGED 40 YEARS, 8. SRI.B.DIWAKAR AGED 37 YEARS, 7 & 8 R/AT MUNIYAPPA LAYOUT ULLALU VILLAGE, YESHWANTHPURA HOBLI, BANGALOORE NORTH TALUK, BANGALORE-560010 9. SMT. THUNGAVATHI AGED 45 YEARS, W/O C. KRISHNEGOWDA, R/AT NO.140, 13 A MAIN ROAD, 1ST PHASE, 1 ST STAGE GOKULA BANGALORE-560054. 10. SMT.ANNAPOORNAMMA AGED YEARS, W/O CHIKKANNA R/AT MINIYAPPA LAYOUT, 8 ULLALU VILLAGE, YESHWANTHPURA HOBLI BANGALORE NORTH TALUK, BANGALORE-560010 11. SMT.VANAJA.R.KORI AGED 50 YEARS, W/O R.R.KORI R/AT NO.22, ULLALU VILLAGE, YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK BANGALORE-560010 12. MRS.MANU REDDY AGED ABOUT 55 YEARS, D/O MR N BHASKAR REDDY, R/AT NO.27, (6) 16TH CROSS, 13TH MAIN ROAD, MALLESHWARAM, BANGALORE-560003, 13. SMT.K.RATHNAMMA AGED ABOUT 43 YEARS, W/O E MANJUNATH, R/AT NO.199/B, 9 TH CROSS ROAD, 5TH PHASE, 1 ST STAGE, WEST OF CHORD ROAD, BANGALORE-560047, 14. SMT.RAJALAKSHMI AGED ABOUT 39 YEARS, W/O R NARASIMHAMURTHY, R/AT NO.E/13, COTTONPET MAIN ROAD, BANGALORE-560053, 15. SRI C.B.LAKSHMINARAYANA AGED 37 YEARS, S/O R BALARAJU, R/AT NO.27/2, MUNIYAPPA LAYOUT, ULLALU VILLAGE, YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560010, 16. SRI GOPINATHAN NAIR S/O LATE VELAYUDHAN NAIR, R/AT NO.3 SHANTHI NIVAS, SECTOR "A" RAMIAIAH REDDY COLONY, BASAVANAGAR, BANGALORE-560037. ... PETITIONERS (By Sri Y.R.SADASHIVAREDDY, SR.COUNSEL FOR Sri N.CHANNAKRISHNAPPA, ADV.) 9 AND 1. STATE OF KARNATAKA REP BY ITS SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BANGALORE-560 001. 2. BANGALORE DEVELOPMENT AUTHORITY REP BY ITS COMMISSIONER, T.CHOWDAIAH ROD, KUMARA PARK, BANGALORE-560 020. 3. THE DEPUTY COMMISSIONER (LAND ACQUISITION) T.CHOWDAIAH ROD, KUMARA PARK, BANGALORE-560 020. 4. THE ADDITIONAL LAND ACQUISITION OFFICER T.CHOWDAIAH ROD, KUMARA PARK, BANGALORE-560 020. ... RESPONDENTS (By Sri VIJAYAKUMAR A.PATIL, AGA FOR R1; Sri M.N.RAMANJANEYA GOWDA, ADV. FOR R2-R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DTD:15.04.2002 ISSUED BY THE R-2 PUBLISHED IN GAZETTE ON 23.05.2002 AND FINAL NOTIFICATION DTD:31.10.2002 ISSUED BY THE R-1 IN RESPECT OF THE LAND BEARING SY NO.204/5 MEASURING AN EXTENT OF 0-19 GUNTAS, SY NO.204/6 MEASURING AN EXTENT OF 0-14 GUNTAS AND SY NO.204/7 MEASURING AN EXTENT OF 0-16 GUNTAS, SITUATED AT ULLALU VILLAGE, YESHAVANTHAPURA HOBLI, BANGALORE NORTH TALUK VIDE ANNEXURE-A & B. AND ETC. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER 1. In all these writ petitions, common question arises For consideration. Material Facts leading to these writ petitions and 10 the contentions raised are similar. ThereFore, they are clubbed, heard together and are disposed oF by this common order. 2. W.P.Nos.32950-951/2015 are Filed by owners oF land bearing Sy.No.154 which totally measures 1 acre 10 guntas and is situated at Ullalu Village in Yeshwanthpura Hobli, Bangalore North Taluk. The entire extent oF 1 acre 10 guntas comprised in this survey number has been acquired For Formation oF Sir M.Visweswaraiah Layout along with several other lands. Preliminary notiFication was issued on 15.04.2002 Followed by Final declaration dated 31.10.2002. They were issued under Sections 17(1) and 19(1) respectively oF the Bangalore Development Authority Act, 1976 (For short ‘the BDA Act’).