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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 20^TH DAY OF JANUARY 2021

BEFORE

THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

WRIT PETITION No.30032 OF 2019 (LA-BDA)

BETWEEN:

MR.MARTHAND SINGH MAHINDRA

S/O. LATE SURESH MAHINDRA

AGED ABOUT 53 YEARS

R/AT AVALAHALLI ESTATE

YELAHANKA HOBLI, BANGALORE-560064.

…PETITIONER

(BY SRI. SHASHIKIRAN SHETTY, SR.COUNSEL

APPEARING FOR SRI. KIRAN J., ADV.)

AND:

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THE STATE OF KARNATAKA

REP. BY ITS PRINCIPAL SECRETARY

URBAN DEVELOPMENT DEPARTMENT

VIKASA SOUDHA,

BANGALORE-560 001.

2.

THE BANGALORE DEVELOPMENT AUTHORITY

REPRESENTED BY ITS COMMISSIONER

T. CHOWDAIAH ROAD

KUMARA PARK WEST

BANGALORE - 560 020.

3.

THE ADDITIONAL LAND ACQUISITION OFFICER

BANGALORE DEVELOPMENT AUTHORITY,

T. CHOWDAIAH ROAD

KUMARA PARK WEST

BANGALORE - 560 020.

…RESPONDENTS

(BY SRI. T.P.SRINIVASA, AGA FOR R-1;

SRI D.N.NANJUNDAREDDY, SR. COUNSEL APPEARING

FOR SRI. M.N.SUDEV HEGDE, ADV., FOR R-2 & R-3.)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

NOTIFICATION DATED 30.10.2018 ISSUED BY THE R-1 (ANNEX-A)

AND ETC.

THIS W.P. COMING ON FOR PRELIMINARY HEARING IN 'B'

GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

Heard the learned counsel for petitioner and learned

Senior counsel Sri.D.N.Nanjunda Reddy appearing for the

BDA and perused the material on record.

2. On 20.01.2021, under identical circumstances in

W.P.No.8358/2020, this Court passed the following order:-

" 7. A perusal of paragraphs 5, 6 and 7 of the

said order dated 03.12.2020 passed by the Apex

Court will indicate that the Committee, in addition to

dealing with the other aspects as directed by the

Apex Court, was also directed to submit a report with

regard to the constructions put up by various persons

in the said Layout.

8. Learned Senior counsel Sri.Jayakumar

S.Patil appearing on behalf of the petitioners as well

as learned senior counsel Sri.D.N.Nanjunda Reddy

appearing for the BDA submit that pursuant to the

aforesaid order dated 03.12.2020, the Committee

constituted by the Apex Court has taken up the

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matter as directed in the order and the Committee

work is in progress.

9. A perusal of the facts and grounds urged

in the memorandum of writ petition will indicate that

apart from various other facts and grounds urged in

the same, it is one of the specific contentions of the

petitioners that they have put up constructions on the

subject property. Further, Learned Senior counsel for

both sides submit that in view of the aforesaid facts

and circumstances and without prejudice to the rights

and contentions of the parties, the petitioners may be

relegated to the aforesaid Committee constituted by

the Hon'ble Supreme Court in the aforesaid order

dated 03.12.2020 to ventilate their grievances. Under

these circumstances, without expressing any opinion

on the merits / demerits of any of the rival

contentions urged by the parties and without

prejudice to any of their rights and contentions, I

deem it just and proper to dispose of this petition,

relegating the petitioners to approach the aforesaid

Committee constituted by the Apex Court in its order

dated 03.12.2020 and ventilate their grievances

before the said Committee.

10. In the result, I pass the following:-

ORDER

(i) Petition is disposed of.

(ii) The petitioners are reserved liberty to

approach the Committee constituted by the Hon'ble

Supreme Court in its order dated 03.12.2020 passed

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on Misc.Application Nos.1614-1616/2019 in Civil

(Appeal) Nos.7661/7663/2018.

(iii) Liberty is reserved in favour of the

petitioners to file pleadings and documents before

the said Committee and also engage the services of

a Counsel to represent them before the said

Committee.

(iv) Since several other contentions are

urged by both sides including the legality and validity

of the i