1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17 TH DAY OF DECEMBER 2014 BEFORE THE HON BLE MR.JUSTICE A.S.BOPANNA W.P.NOS.56984 57002 OF 2014 (LA-BDA) AND W.P.NOS.57282-57333 OF 2014 BETWEEN: 1. MR AUGUSTINE D LIMA AGED ABOUT 64 YEARS S/O LATE JOHN F D LIMA 2. MRS JACINTHA D LIMA AGED ABOUT 63 YEARS W/O MR.AUGUSTINE D LIMA BOTH PETITIONERS 1 AND 2 R/A NO.307, RAHEJA REGENT 35, COLES ROD, FRAZER TOWN BANGALORE-560005 3. MR.ANTHONY D LIMA S/O MR JOHN F D LIMA AGED ABOUT 72 YEARS R/A NO.204-A, RANKA CORNER APTS 14 CAMBRIDGE ROAD ULSOOR, BANGALORE-560008 4. MRS.ROSHAN D LIMA W/O ANTHONY D LIMA AGED ABOUT 59 YEARS R/A NO.204-A RANKA CORNER APTS 14 CAMBRIDGE ROAD ULSOOR, BANGALORE-560008
2 5. MR.ARCHIBALD MENEZES S/O IGNETIUS MENEZES AGED ABOUT 62 YEARS R/A DIMPLE, K M C HOSTEL ROAD KAPRI GUDDA, FALNIR MANGALORE-575001 6. MR JUVAM D SOUZA S/O MR MATHIAS D SOUZA AGED ABOUT 64 YEARS R/A 17-51/3, SRINIVAS NAGAR BEHIND NITK SURATHKAL CAMPUS MANGALORE-575025 7. MR ASHOK WAMAN PRABHU S/O MR WAMAN S PRABHU AGED ABOUT 70 YEARS 8. MRS.ARCHANA ASHOK PRABHU W/O MR ASHOK WAMAN PRABHU AGED ABOUT 63 YEARS BOTH PETITIONERS 7 AND 8 RESIDING AT FLAT NO.207, BLOCK B-2 SOBHA OPAL, 18TH MAIN, 39TH CROSS, 4TH T BLOCK JAYANAGAR, BANGALORE-560043 9. MR RICHARD D SOUZA S/O LAWRENCE D SOUZA AGED ABOUT 56 YEARS R/A STARHOME, 1264 ANJUNA MAPUSA GOA 10.MR.RAJ KUMAR ACHOUBISANA SINGH AGED ABOUT 66 YEARS S/O LATE RAJ KUMAR MOMBISANA SINGH R/AT NO.2/25-26, GROUND FLOOR MALVIYA NAGAR NEW DELHI 110 017. 11.MRS ASHA PRABHAKAR RAO W/O KARKALA PRABHAKAR RAO
3 AGED ABOUT 58 YEARS R/A FLAT NO.15, AREA NO.3 EASA AL-QATAMI STREET, SALMIYA KUWAIT POSTAL ADDRESS-P.O BOX NO.5389 SAFAT, 12170-KUWAIT 12.MR.RAGHUNATH GOPAL PRABHU S/O GOPAL ANNAPPA PRABHU AGED ABOUT 59 YEARS R/A FLAT NO.1204, ABHIMAN GARDENS OPP:CITY HOSPITAL KADRI MAIN RAOD KADRI MANGALORE-565003 13.MRS LEENA LILY CRASTO W/O MR ANTHONY STEPHEN CRASTO AGED ABOUT 49 YEARS 14.MR ANTHONY STEPHEN CRASTO S/O CORNELIUS CRASTO AGED ABOUT 56 YEARS BOTH PETITIONERS 13 AND 14 ARE RESIDING AT A/201, VASTU PARK NEAR RYAN INTERNATIONAL SCHOOL EVERSHINE NAGAR, MALAD WEST MUMBAI-400064 15.MR STEVEN SATYADAS LEWIS S/O LATE JOHN LEWIS AGED ABOUT 59 YEARS 16.MRS ASHALATHA LEWIS W/O STEVAN SATYADAS LEWIS AGED ABOUT 50 YEARS BOTH THE PETITIONERS 15 AND 16 ARE R/AT B-4, ARPHI APARTMENTS NO.2, LEONARD LANE RICHMOND TOWN BANGALORE-560025
4 17.MR HARADI SURESH PAI S/O MR HARADI RAMANATH PAI AGED ABOUT 63 YEARS 18.MRS CHITRA SURESH PAI W/O HARADI SURESH PAI AGED ABOUT 54 YEARS BOTH THE PETITIONERS 17 AND 18 RESIDING AT 101, MITHILA APARTMENTS KARANGALAPADI, MANGALORE-575003 19.MR SANTHOSH BENNET VAS S/O LATE MR TERRANCE VAS AGED ABOUT 57 YEARS AT 2C, HAYDON MANOR, NO.12 EAGLES STREET LONGFORD TOWN BANGALORE-560025 PETITIONERS 3 TO 6 AND 9 TO 19 ARE REPRESENTED BY THEIR POWER OF ATTORNEY HOLDERS a) MR AUGUSTINE D LIMA S/O MR JOHN F D LIMA AGED ABOUT 64 YEARS R/A NO.307, RAHEJA REGENT 35, COLES ROAD, FRAZER TOWN BANGALORE-560005 b) MR ASHOK PRABHU S/O MR W S PRABHU AGED ABOUT 70 YEARS R/A FLAT NO.207 BLOCK B-2, SOBHA OPAL 18TH MAIN, 39TH CROSS 4TH T BLOCK, JAYANAGAR BANGALORE-560043... PETITIONERS (BY:SRI H.S.DWARAKANATH, ADVOCATE)
5 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-560001 2. BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA KRUPA WEST BANGALORE-560020 3. THE LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA KRUPA WEST BANGALORE-560020... RESPONDENTS (BY:SMT.SAVITHRAMMA, HCGP FOR R1 SRI K.KRISHNA, AGA FOR R2 & R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANN-A viz PRELIMINARY NOTIFICATION UNDER SECTION 17[1] & [3] OF BDA ACT 1976 DATED 30.12.2008 AND DECLARE THAT THE PRELIMINARY NOTIFICATION HAS LAPSED. THESE WPs COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:- O R D E R The petitioners are before this Court assailing the notification dated 30.12.2008 issued by the respondents in respect of the proposed Dr.K.Shivaram Karanth Layout.
6 2. The petitioners claim to be the owners of the properties of different extents mentioned in the schedules to the writ petitions all situate in the vicinity of Doddabettahalli village, Shyamarajapura Village, Vaderahalli village, Yelahanka Hobli, Bangalore North Taluk. The said properties are included in the notification dated 30.12.2008 seeking to acquire the same for formation of Dr.K.Shivaram Karanth Layout. In respect of same acquisition, certain other land owners were before this Court in W.P.No.9640/2014 and connected petitions, assailing the said notification on the ground that no further proceedings had been initiated by the respondents after issue of the earlier notifications. Though the respondent BDA had put forth certain contentions to explain their side of the case, this Court had rejected the same and had accordingly, allowed the petitions by the order dated 26.11.2014. 3. In that view, the petitioners herein being similarly placed, similar benefit would have to be extended. In that view of the matter, the notification dated 30.12.2008 assailed in these petitions is held as
7 having lapsed as against the lands of the petitioners referred to in these petitions and included in the notification. In terms of the above, the petitions are allowed to that extent. No costs. Sd/- JUDGE VGR