High Court Karnataka High Court

Poornima Girish vs Revenue Department Govt Of … on 26 October, 2010

Karnataka High Court
Poornima Girish vs Revenue Department Govt Of … on 26 October, 2010
Author: D.V.Shylendra Kumar
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 26TH DAY 01? OCTOBER, 2019
BEFORE: J _}  
THE HON'BLE MR. JUSTICE DIV.  
Writ Petition No.6676 of 2004 (LA-BEA; A "'  ' 

BETWEEN:

MRS. POORNIMA GIRISH

W/O GIRISH

AGED ABOUT 29 YEARS

R/AT NOJ193/D,

121%-I CROSS ROAD  . 
Arm MAIN, M C EX'FENSION*.. f
WJAYANAGAR * 'I - '

BANGALORE «W 560 040 PE'I'ITIONER

 ' SE 9; 1cI:ishfiéf§ip3,_._A§j§.]

REVENUE .UEPART'PAENT. A 

GOVT. SOT KAI?.N;A'1'AKA "

M S BUILDINGS. I  _ _ --
BANGALORE. j--- ._ 560 001" ~--

REP, BY ITS P'R1NC1EA'L« SECRETARY

1.

.THE c'eM'M1SS1ONER'
_; BANGALORE DEVELOPMENT
  ..... 
13AN~::AL.ORE

.- 'I'HE.S;>ECSIAL ADDITIONAL LAND
'-  ACQUISITION OFFICER
 BANGALORE DEVELOPMENT
' AUTHORITY

13A1:JGALORE RESPONDENTS
[By Sri Venkatesh Dodderi, AGA for R1;
Sri U Abdul Khader, Adv., for R2 & R3[

THIS PETITION IS FILED UNDER ARTICLES 226 AND 22'? OF

'THE CONSTITUTION OF INDIA. PRAYING TO QUASH THE PRLY.

NOTIFICATION DT.8.4.2003 81 PUBLISHED IN THE GAZETTE



2

DT.9.4.03 ISSUED BY THE COMMR. EDA. VIDE ANNK AND THE
FINAL NOTIFICATION DT.9.9.2003 & PUBLISHED IN THE GAZETTE
DT. 10.9.2003 ISSUED BY R1 VIDE ANNLAND ETC.

THIS PETITION COMING ON FOR PRELIMINARY 
THIS DAY. THE COURT MADE THE FOLLOWING:~  

ORDER

Writ petitioner who is saidpto be the and in

possession and enjoyment of the Ij’eaiiiiig”‘s_ite

No.71, Mailathahalli Viiiege, -5Hob1–i.0

Bangalore North Taltik, has_…so~ught for “q1;1eshing of the
preliminary notificatiiont-A and final
notification tiated of which the
petitioners-ijre1sfl_–.s;oi1ght::5_to_he acquired by the
respondent “II3éin:g’aIore’.””I)e*g}e1opment Authority for the

purpose of..d0eVeIIopinent:ef Sir M Visveshwaraiah Layout in

V. ‘_ the “ha_s__prayed for the following reliefs:

“‘a_ writ of certiorari or any other
. ‘Iiapp.ropiféa.te writ or direction as the case may

be “I.i’f»S,CI air as the petitioners lands are
concerned and be pleased to quash:

.. It The preliminary notification bearing

No.BDA/A. U. V.A.L.A No. 79/ 03-04
dt;8/4/03 and published in the Gazette
dt.9.4.03 82. issued by the Commissioner,
BDA, Bangalore, which is marked as

Armexu.re–K.

[ii]

[iii]

[iv]

3

Final no ttjicatton bearing No.AE~ 7 49-
B ‘lore–LAQ-2003 dt. 9/ 9/ O3 and

published in the Gazette dt.10.9.03 &

issued by the 151 respondent, which ts.__

marked as Annexure-L.

be pleased to issue the

mandamus directing the respondents*e,& %

their o_fficials from dgtspossessingvg ‘the–_
petitioner from the p;’operty_ in quest1’on’,*~’

which is described ingflthe’cc».Schedu1€~..p

hereunder.

be pleased to grai’t.t..”such other greliefs in
the circumstances… of__ the case, in] the
interest ofj__us_tice;A equtity and law.”

2. I have heard Sri counsei for the

petitioner ‘Abdulgithaderflearned counsel for the

resporiderit —-. ‘Ba t’1ga1ore._DeVe1opment Authority.

3. Sri _ learned counsel for the

mosaic tiles and is also residing in the very premises.

-9.9 B-arigaliore Development Authority requests
be cailed tomorrow though the report placed
by the Very official of the BDA indicates
that petitioner has continued to remain in

A ‘~:9f”‘pos’s«ession and occupation of the building constructed on

9 the site and running a manufacturing unit to manufacture

4

4. if such is the factual position, the acquisition
proceedings insofar as the petitioner is concerned has

become stale and inconclusive, not havin.gVi»~.44 taken

possession of the subject property,

acquisition under the provisions of””th–e:f ,E3’an*ga1_or”e.

Development Authority Act, I9-?’6

Automatically. the notifications. issued forl’lthe._’pi.i.rp3ose

acquiring the lands vvill not_…einiire.._ypto .the.,benl3efit of the
authority insofar as 0′-particuiigizydtlparcel of land is
concerned as it.is._nov\j”coVnced_edV:that~ ‘authority has not
taken possessi.Qn..bt_1t’ the petitioner to remain
in posvs.essi’on V ; 0 h

5. It court to protect interest of the

Ci’Ef;Zt:?.n:S__pA.ftj0II1ab€i1T1_g¢ subjected to harassment by the

gwhirrisical exercise of power by public

vvas definitely open to the authority to have

saved thesituation even in terms of the order that had

to be passed by this court earlier in writ petition

l\§o.16133 of 2004 and connected matters disposed of on

6.6.2006 by offering the petitioner any alternative

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solution, but the authority having kept quiet and non
responsive to this writ petition as Well as travai1s»:.:’:of_V_the
petitioner and even having
orders / observations / directions contained ” ii of . –
this court dated 6.6.2006 passed:’;in
of 2004 and connected matters,
gross irresponsibility on .$E}q”e.:vresvpondent –
authority, but also a of functioning
as it is obvious that some the petitioner
have been ‘authority itself whereas
many petitioner are driven to
approach “‘2vhieh again only demonstrates

the erratVic–.._V%dmanner._ functioning of this authority,

to ‘A”be…_…<:reated under the statute for the

ddevelopineiiti of~Banga1ore city and surrounding areas!

'ggnothin

6.} _f’What’f’ii_s.’happening in the name of development is

cfhshort of destruction and haphazard manner of

4:; ~

“:d:’1’unet’ioning to the detriment of persons/citizens like the

‘ petitioner. §’\«~-

6

7. in the wake of the inaction on the part of the
authority itself and which is now conceded in terms of the
report placed before this court by the authori’tl’!y5″‘:”.;tV is
obvious that the situation is more akin to
by the provisions of section 20__of the Act”
provision the authority if it is:;’=no’1i’_’_A
within the area earmarked’l-féifr.deyelflpmféiigé’Alllittien “if
authority is of the ,.9DinioAn«~l:llil1-at’–~._aslhla’resuilt of the
development in the ‘the land owner
whose land is_1;eft_ gain, then the
authority tax and it will be
open take action to claim such

betterment tax in a’&C’C(ll_j’daHC€ with law, after issue of

_ necessary notice-.to_ the petitioner in this regard.

V”eheard Sri Krishnappa, learned counsel for

the’-~.peti’tion.erl and Sri Abdul Khader, learned counsel for

“‘thepresp.o’ndent — authority on merits, it is found that the

_ ‘situation is one which is irredeeniable and irretrievable for

,.the authorities as the authority by its own inaction and

letharginess has allowed the acquisition proceedings

V

7

insofar as the petitioner is concerned to lapse. Therefore,
the acquisition proceedings in terms of the prelirriinary
notification under section 17 of the
notification under section 19 of the
quashed only insofar as it relates’-to

of the petitioner in terms ofthe novel
the court according . to ‘the is in
possession of site

9. It is alsoopen ensure that the

structure, i.f”a’11yf:..o1fi_ tl1e.sit.e is brought in conformity with
the bu;i_ldinglAbly.e–la’ws an’d__I’egulations which are in force in
the Concc.rried lareafltt”is’rather surprising nay annoying

that ;a~ public’-»a_uthorityT like the Bangalore Development

‘Atithori’tj7 behaves in a most irresponsible manner to

without responding to either the land

own’ers’v–._’tra'<fails and even has the tenacity to ignore and

Vbyptassveven court orders. as if this court had in a

_ situation similar and in a cause brought before this court

"earlier by a group of land owners, has already passed

orders [passed in Writ petition No.16}33 of 2004 and

8

connected matters disposed of on 6.6.2006], it is the
bounden duty of the public authority like the
Development Authority to have implemented
that order in letter and spirit andvrlflotd to
to seek relief only before this court. :5 it it y 4

10. Though Sri Abdul Klaad-er, 1éar{1ca_
respondent — authority tolhthelylnotice of the
court that this Writ petition for default
and had come be that in no way

absolves the ‘authoirity: frorn -its ginsensible, irresponsible

conduet. on notice about this writ
petitionilwayp “year 2004 and if the public

auth~_o’rit.y is.’ insensiti’ve and irresponsible to the notice

Court to examine the grievance and for

is sought for in the writ petition and as

_ has””bee.n’e:etended by the very authority to other similarly

.py.d:pAlao__ed lpersons. then it is nothing short of a most

i’;re’s’ponsib1e conduct on the part of the public authority

“Which is always expected to not only respond to the needs

and travails of the citizens of the Country, but is also duty

9

bound to obey and respect court orders. The Bangalore
Development Authority has miserably failed inw ineeting

either of these requirements.

11. In the circumstances, the’
notification dated 8.4.2003 :

writ petition] and the fina1″‘-notification
[Copy at Annexure~L to hereby
quashed by issue of only to the
extent of petit*ion£er’s covered by these

two notific:i;:tions.. and n4o’t7.’jfor’n1lore:.

12. ‘l’he–..:B’ang”a1ore Development Authority

is mulctedtwlith cost of ‘$10,000/~ for the misery

V. that’3’§.t __caused.._tQ. a person like the petitioner.

paid within four weeks by depositing the

am”ount’before this court. Where after. the petitioner can

it draw the amount through his counsel. If the respondent

it “‘faiIs’Alto deposit the cost, then the registry is directed to

“issue a certificate in favour of the petitioner, to enable the

10

petitioner to realize the amount as though it is a decree of

the civil court.

14. Writ petition is allowed. Rule made abso1ui_’e..e

e ‘

AN/~