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IN THE HIGH couaw or Khanmmaxa Am aAnaALOR3;I=_
DATED THIS TUE I?'" OAI OF OOTOOER,_:OO§=f}f* '
BEFORE _-m_
THE HON'BLE MR.JUSTICE s§aBOfiL'NA3EE§ I5' "I
WRIT PETITION NO.21§3 OE 200$ (BOA? "~~'
BETWEEN:
THE IDEAL HOMES BOILOING_ 7"
CO~OP SOCIETY =1v ,""*.f ,», . ,
zmwmAm$m&mM%R i:~"*f¥»g
MYSORE ROAO,HvaiQ_:'v' * --"TV
BANGALORE ' _', *. -gs ~O= 3'
BY ITS sgqRgTARYg__ ,"_' '._W.?... PETITIONER
{By gri P. SEIOITASAIAH, ADV.)
AND:
,fEANOA:ORK»OEyELOéMENT AUTHORITY
'BY.1TS OOMIISIONER,
KOMA3A"9A3K-WEOT.
aANOALORE.Ty_{, ... RESPONDENT
7g I-{By érI*O.AéOuL KHADER, AOv.>
“7I»TH:s WRIT PETITION Is FILED UNDER ARTICLE
2361 AND 227 OF THE CONSTITUTION OF INDIA,
“‘»23ATIHG T0 QUASH THE GRDER ?ASSED BY THE
“RESPONDENT VIDE ANX~B DATED 17.10.2005.
THIS WRIT PETITION COMING GN FOR
PRELIMINARY HEARING THIS DAY, THE COURT PASSED
THE FOLLOWING:
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{new BEA) had approved the said pies even int
respect of the Government land and that sites 2*
formed in the sari Government_iandWhe§.teen’
allotted to its members. 3 This ‘Cost? insdh7
passed an interim order en 26}9.2QO5 is the
writ petition direstinqtwthe_FSpecial_ Deputy
Commissioner to held .en§tenqhiry_ in this
regard. The relevant psrtisn_of the order is
as under:
–.Special Deputy
Commissioner icsnsifier the replies
filed thy etheT silottees and pass
V tspgrspriate«_orders on the .notices
‘A”,ini:sss®rdance with law. The
nqpeeflfgl be done within three weeks.
‘X$imils§i$r BEA shall also consider
the reply submitted by the society
in.gndi pass appropriate orders in
“wsscordsnce with law; Learned
counsel appearing for the society
states that EDA should be directed
to affsrd personal hearing” to the
society. The learned counsel for
%\,\’1
3
‘Vuneubmite_that pursuant to the said order, the
vtwufioooiel Beputy Commissioner, Bangalore
E”g;Dietriot, Bangalore has held an enquiry’ and
:passed an order on 17.10.2085 {as per Annexure
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BDAT has no objection in tnis»?«’
regard. Let the society throfighfyoir
its representative be §?§$entf’
before the Commieeioner;«tBER,nfonVee7K
4.10.2005 at 11 am in
the Commissioner, e Banga1oreM E
Development Ruthorit§; to ,presefi;
its case. Tnereefter¢tHtheA order
snail be passed and actien taken in
aooordanoe with iawfl _ The Epeoial
Deputyn figfimiesionerv end ithe BEA
ehou1dt}aesooie§§,_eheQ_oetitioner-
sooiety $3 gait before passing the
fxina__.1_ EDA and the
Soeoial’.@eooty£eCommiesioner shalt
filaoe a 909? of the orders on the
. record of tnre case before the next
x”dete_of hearing.”
o_2.V.Leerned counsel for the petitioner
‘J’? holding that the petitioner and the
‘ct
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eilettees of sites from the petitioner are in”g
iiiegal possession of their respectifie-L
portions Claimed by them and that the 1:ee’1¢,
question is a government lanes; *TheaSpeeieLiVr
Deputy Commissioner ‘hgs_ flireeted’ “the
respondents therein fto $aeete’,the'”lende in
their wrongful poeseeeiofififiitflifi i5 days from
the” date of thee reeei§$1 eff rgr 5eeid order.
Feelifig aggIi3?§§[ firg the” said” order, the
respondente “fihe3giefirfiléewfiwrit petitions
before this ib’V”‘i_;i—._’W”jP.Nos.2485l/O5 and
other confieeted “matters. This court after
,considerihq the_ rival contentions of the
Vpertigg, nae remanded the matter on 4.12.2007
in tfiexfeiiewifie terms:
.”Ifi;that View of the matter, the
impugeed order cannot be sustained.
A’Hence, I pass the following order:
Vffl) The writ petitions are allowed.
(2) The impugned order is set aside.
ix
(33
(4)
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All the oases are remitted back Wei
to the Deputy Commissioner for »Eff *
fr
proceed from the stege_et;whiofi.i
eeh enquiry. He
the pleadings were oompieted;i”ai
In order to see phat there ie*«
no further delay ihidispoeeliofi
these mettere;””f;ell’ the”
petitioners ere directed to be
present before “.the 1 Special
Depfit§ytV.7Commiesiooer* on
l?}i3;2Ce?, Qithout waiting for
ahVf;notioeW from the Deputy
t.Commieeionerboi,
“.[hold , e
i’objeotions,
,”Commieeioher
_AsV’the”‘pieadinge are complete
‘Weed eveoi documents are filed
*ee1oog. with the statement of
the
shall
formal
proceed to
enquiry as
contemplated under law by giving
the
sufficient opportunity to
substantiate
by
petitioners to
their contention and
receiving any further evidence
if and to
they so produce
ii
Deputy
V’l?.l2.2QO7
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diepoee of these disputes and
ease appropriate orders withinWigi*”
three months from 17.12.2007.
Such of these petitiehere?,wbeitr
are not yet eerVed7 with lthee
notices are not: entitled Vwithgem
further notice and’ ehall Vtgeat
the impugned erder es eetice ehd'”
such of thoeer-petitienere*_who
have not filed Qbjeetiehe shall
file
Jtheir Kebjectienex en or
beferef.E?QlZ gee? _elehg with
;doeumehts}f”EVeg
theee who have
hot received fietices shall file
their” objectiehs on or before
alongwith their
iadecuments “aha even in their
i”. eases,”
‘*r,deeieeé”” within
°<r:?a%
feny further constructions,
shall be
months
. the C3383
three
a£ter'a formal enquiry.
The petitioners shall not put up
make
any improvements in the exieting
constructions or alter the
character of the property till
the dispute is resolved finally.
§
(8) The Bangalore Developmanttiitji
Authority, the Town Munioioalfali
Council, Cit3r.Munioipal tfiaonoill
and Bruhat Banqalo;e;yMahanaqar'l"
Palike ahall p;oau¢ei»a11_5t5é°
relevant dooument§xwhion.aré;inW%
their possossionwfixy'raspéot,of§
the propéatf 'in .difi§&t and
e
assist the'1_S§eoialoQaEeputy
Commiaaionér in détéxmining the
claims of the oetitioners."
3. Learned oounsal for the parties submit
that the”_mattériCis:”nowi pending before the
Special Deputy Commissioner. In the meantime,
‘afihe_Bangalo§o_Devélopment Authority has passed
tho order at Annexure~B holding as under:
VL . ~*Anl area of’ O7 .Acras 06 43ts.,
lialfhioh is a Qovt. land, which area
for the purpose of identification
is marked as Annexure-ma) in the
plan at Annexure~A is withdrawn
he
(
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5. Learned eeunsel for the petitioner
submits that since the order passed by _the,
Special Seputy Commissioner at Annexure¥JV§aa+,l
already been quashed by this eeurt,”th§t¢reer
passed by the respondent at finnexQre§B by the g
BSA is not sustainable in law; Learned ceuneel
for the respondent submits _that “this eourt
after quashing the verder ;at”5annexurewJ has
remanded the matter» tea the ispégial Deputy
Commissioner. “sa:*,’r:esh’ consideratien in
accordance with Seetien 39 of the Land Revenue
4,Act .§and’ that- “if _____ the Special Deputy
“Cemmiaeioner after the enquiry comes to the
cenelueion that the petitiener has encroached
the éevernfient lands, EDA is entitled to
_ “initiate” proceedings for
-eangeilationfwithdrawal of the lay-ut plan in
*reepect of encreached portion. The submission
of the learned Advocate appearing for the EDA
is just and reasonable.
\
mt
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directions of this Court in W.P.NQ.l8895/2005
dated 4.12.2007 as early as possible and sgnfihh
a copy of the said order to the EDA.
Eiv) The respondent is direct¢dt =to,
dispose of the matter pursuadt to thiéh0rde£ t_f
after receigt of the order from the,Spe¢ialf
Deputy Commissioner, Bahhfiiote h~Gistrfipt,
Bangalore in case Ne;@$D.($)5CR;§§fQ4–O5.
(V) The offige is,directe@’t0 fiend a copy
of this ordér}*ht¢h_€the_”,SQecial Deputy
Commissidner; .Bahgél¢r§”~Distri¢t, Bangalore
forthwith. N9″CQéts}h”
Sd/-I
Judge
$31.2!