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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2022
PRESENT
THE HON’BLE MR. ALOK ARADHE, ACTING CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT APPEAL NO.768 OF 2022 (BDA)
BETWEEN:
BANGALORE DEVELOPMENT AUTHORITY
THROUGH IT’S COMMISSIONER
T. CHOWDAIAH ROAD, KUMARA PARK WEST
BENGALURU – 560 020
REPRESENTED BY ITS COMMISSIONER
... APPELLANT
(BY SRI D.N.NANJUNDA REDDY, SENIOR COUNSEL FOR
SRI SACHIN B.S, ADVOCATE)
AND:
1.
SRI T.S.S.N MANJUNATH RAO
S/O T.HARIHARA RAO
R/AT NO.311, 5TH MAIN
1ST STAGE, BEML LAYOUT
BASAVESHWARANAGAR
BENGALLURU – 560 079
2.
STATE OF KARNATAKA
THROUGH THE URBAN DEVELOPMENT DEPARTMENT
REPRESENTED BY ITS
ADDITIONAL CHIEF SECRETARY
HAVING ADDRESS AT NO.436
VIKASA SOUDHA, DR.AMBEDKAR VEEDHI
BENGALURU – 560 001
... RESPONDENTS
(SRI K.N.PHANINDRA, SENIOR COUNSEL FOR
SRI DEEPAK BHASKAR, ADVOCATE FOR RESPONDENT NO.1
SRI S.S.MAHENDRA, AGA FOR RESPONDENT NO.2
SRI SHIVAPRASAD SHANTHANAGOUDAR, ADVOCATE FOR
IMPLEADING APPLICANT IN I.A No.3/2022)
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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE HIGH COURT ACT, PRAYING TO SET ASIDE THE
IMPUGNED
DATED
02.08.2022
PASSED
BY
LEARNED
SINGLE
JUDGE
IN
WRIT
PETITION
NO.20847/2019.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
Mr.D.N.Nanjunda
Reddy,
learned
Senior
Counsel for Mr.Sachin B.S, learned counsel for the
appellant.
Mr.K.N.Phanindra, learned Senior Counsel for
Sri Deepak Bhaskar, learned counsel for respondent
No.1.
Mr.S.S.Mahendra,
learned
Additional
Government Advocate for respondent No.2.
In this intra Court appeal, the Bangalore
Development Authority (BDA) has assailed the
validity of the order dated 02.08.2022 passed by the
learned
Single
Judge
in
Writ
Petition
No.20847/2019.
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Learned Senior Counsel for the appellant
submitted that the learned Single Judge grossly
erred in issuing speaking directions to the appellant
to web-host all the details pertaining to each of the
layouts formed by BDA referred in paragraph 6 of
the order. It is further submitted that while issuing
the directions in respect of the matters contained in
paragraph 6 of the order dated 02.08.2022, the
learned Single Judge has travelled beyond the scope
of the writ petition.
3.
Learned Senior Counsel for respondent No1.
has fairly submitted that the controversy involved in
the writ petition is confined to the prayers made
therein.
4.
We have considered the submissions made on
both sides and have perused the record. The
grievance of the petitioner - respondent in the writ
petition which is pending before the learned Single
Judge is in respect of site No.1525 formed in
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Arkavathy Layout, 7th Block, Survey No.74/4,
Jakkur village, Bengaluru. The submission made on
behalf of BDA appears to be correct. Therefore, the
order dated 02.08.2022 passed by the learned Single
Judge contained in paragraphs 5 and 6 shall be
modified.
5.
Accordingly, the impugned order is modified.
Needless to state that the learned Single Judge is at
liberty to deal with the writ petition pending before
him.
In the result, the writ appeal is disposed of.
6.
However, we find that BDA is a statutory body
constituted
under
the
Bangalore
Development
Authority Act, 1976. The Authority is a public body
which deals with public in general. The directions
contained in pragraphs 5 and 6 of the order passed
by learned Single Judge have raised an issue of
seminal importance with regard to transparency in
the functioning of BDA. It is needless to state that
BDA comes under the realm of the Right to
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Information Act, 2005. Therefore, BDA is required to
maintain
transparency in its functioning and
web-host all the details of the layouts formed by it.
However, the details which are contained in
paragraph 6 of the order in respect of various
layouts formed by BDA have to be done in a phased
manner. Taking into account the issue of public
importance involved, we direct the Registry to
register this matter as a suo motu public interest
litigation.
7.
BDA by taking assistance of the Principal
Secretary, E-Governance Department as well as
other departments, at the first instance, shall
web-host all the following details with regard to
Arkavathy Layout:
1.
Total extent of land notified in the Preliminary
notification, with a graphical description by
overlaying
it
with
the
village
map/
Googlemap/RMP etc.,
Total extent of land notified in the Final
notification with a graphical description by
overlaying
it
with
the
village
map/
Googlemap/RMP etc.,
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3.
Extent of land denotified with details of reasons
for
de-notification
and
copies
of
the
denotifications with a graphical description by
overlaying
it
with
the
village
map/
Googlemap/RMP etc.,.
4.
Extent of land taken possession of with details
of when possession was taken, with copies of
possession notices, mahazars and Section 16(2)
notifications with a graphical description by
overlaying
it
with
the
village
map/
Googlemap/RMP etc.,.
5.
Total extent of land handed over to the
engineering department survey number wise
with a graphical description by o
