1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 25TH DAY OF AUGUST, 2012
PRESENT
THE HON'BLE MR.JUSTICE K.L.MANJUNATH
AND
THE HON’BLE MR.JUSTICE V.SURI APPA RAO
WRIT PETITION NOS.23475/2010C/w
1032/2006 & 36275/2009(BDA-PIL)
IN W.P. No.23475/2010
BETWEEN
1 SRI S VASUDEVA, B.COM, B.L.,ADVOCATE, ENROLLMENT NO 56/71,NO 78/10, NANJAPPA BUILDING,SUSHEELA ROAD, DODDAMAVALLIBANGALORE 560 004
... PETITIONER
(By Sri: S VASUDEVA, PARTY-IN-PERSON)
AND :
1 GOVERNMENT OF KARNATAKA REP BY ITS CHIEF SECRETARYVIDHANA VEEDHI,BANGALORE 560 001
2 THE SECRETARYHOUSE AND URBAN DEVELOPMENTDEPARTMENT, M S BUILDINGBANGALORE 560 001
R
2
3 THE COMMISSIONERBANGALORE DEVELOPMENT AUTHORITYKUMARAPARK WESTBANGALORE 560 020
4 D V SADANANDA GOWDA (MP)NO 1/332/1, VASUKI RAILWAY QUARTERSROAD, PADIL, PUTTUR 574 201 DAKSHINA KANNADA
5 VISHWANATH PATIL (MLA)HEBBAL,CHITHAPURA CONSTITUENCY
6 D N JEEVARAJ (MLA)
SHRUNGERI CONSTITUENCYDWARAMAKKI, B H KAIMARA (PO)NARASHIMARAJAPURACHIKKAMAGALUR DISTRICT
7 B SATHYANARAYANA (MLA)
SHIRA CONSTITUENCY
8 K N RAJANNA (MLA)BELLAVI CONSTITUENCYTUMKUR DISTRICT
9 M T KIRSHNAPPA (MLA)THURUVEKERE CONSTITUENCY
10 M SRINIVAS (MLA) PES ENGINEERING COLLEGE ROADMANDYA
11 B V VENKATA MUNIYAPPA (MLA)BETHAMANGALA CONSTITUENCYMANDYA
12 S BALARAJU (MLA)KOLLEGALA RESERVE CONSTITUENCYCHAMARAJA NAGARA DISTRICT
3
13. VITTAL HERUR (MLC)TAYAB, KOTUR NIVAS,PLOT NO 1047,ASHOKNAGAR,GULBARGA
14 C H VIJAYASHANKAR (MP) NO 41, KHB COLONYHANASUR
15 HAKYA GOL DATTA YELLAPPA(MLA)S.V. COLLEGE ROADANANDA NAGAR,GULBARGA
16 SHASHIL G NAMOSHIS.V. COLLEGE ROADGULBARGA
17 M SHIVANNA (MP)NO 1855, SHREYAS I CROSSK BLK KEVEMPU NAGAR,MYSORE
18 R K RATHOD (MLA)
BELLURI, CONSTITUENCYNO 159, KHB COLONYSOLLAPURA ROADBIJAPURA
19 S L DHARMEGOWDA (MLA)
BEERUR CONSTITUENCYCHIKKAMAGALURU DISTRICT
20 H M VISHWANATH (MLA)ALURU CONSTITUENCYSAKALESHPURA
21 H S PRAKASH (MLA)HASSAN CONSTITUENCY
4
22 S R SRINIVAS (MLA)GUBBI CONSTITUENCYTUMKUR DISTRICT
23 SUNITHA VEERAPPAGOWDA (MLA)BANNUR CONSTITUENCYESHWARI NILAYA, THYAGARAJA MOHALLABANNUR TOWN, MYSORE DISTRICT
24 VEERANNA C CHARANTHI MATTA (MLA)BAGALAKOTE CONSTITUENCYBAGALKOTE
25 ARAGA JNANENDRA (MLA)THEERTHAHALLY CONSTITUENCYGUDDEKOPPA MANE,THEERTHAHALLY, SHIMOGA DISTRICT
26 DR VEERABASAVANTHA REDDY (MLA)MUDNALA YADAGIRI CONSTITUENCYGULBARGA DISTRICT
27 H NINGAPPA (MLA) KUNIGAL CONSTITUENCY
28 N MUNISHAMAPPA (MLA)SHIDLAGATTA CONSTITUENCY
29 SHIVARAJA SHARANAPPA SAJJANARA (MLA)HAVERI CONSTITUENCY
30 R B SERIYANNANAVAR (MLA)NAVALGUNDA
31 RAJASHEKAR SINDUR (MLA)
SHIGGAV
32 DODDANAGOWDA PATIL (MLA)HUNAGUNDA
5
33 MURUGESH R NIRANI (MLA)BILAGI CONSTITUENCYBAGALKOT DISTRICT
34 L S SAVADI (MLA) ATHANI, NAGANUR (PO)ATHANI (TALUK )BELGAUM DISTRICT
35 KALAKAPPA G BANDI (MLA)GOKAKA CONSTITUENCYGADAG DISTRICT
36 APPU PATTANASHETTY (MLA)BIJAPURA
37 T GURUSIDDANA GOWDA (MLA)JAGALURU CONSTITUENCY, JAGALURUDAVANAGERE DISTRICT
38 G VEERAPPA KESARAHATTI (MLA)KANAKAGIRI CONSTITUENCYGANGAVATHI (TALUK ) KOPPALA DISTRICT
39 A.B. RAMESHAREKERE, SRIRANGAPATNA
40 B C PATIL (MLA)HOSUR CROSS, CHIKERUR ROAD,HIREKERUR HAVERI DISTRICT
41 SURESH SHI MARIHALA (MLA)RACHAPPANAVARA NILAYA, BASAPURA CROSS, KITHURBYLAHONGALA (TALUK)
42 MAHADEVAPPA S YADAVADA (MLA)SOMESHWARA NILAYAA.P. NAVIPETE BASAVA MARGA,RAMADURGA BELAGAVI
6
43 BHIMAPPA SARIKARA (MLA)OM SAIDHAM VIDYANAGARAARUGERI, RAYABAG (TALUK) BELGAUM
44 SHASHIKANTH AKAPPA NAIK (MLA)HOSUR, HUKKERI (TALUK)BELGAUM DISTRICT
45 NEHRU C OLEKAR (MLA) MUKKAM SIDENURU VILLAGEBYADAGI (TALUK), HAVERI DISTRICT
46 M P RENUKA CHARYA (MLA)NO 1/D BEHIND GANGA SWAMYHIREMATTA HONNALLIDAVANAGERE DISTRICT
47 HALADI SRINIVASASHETTY (MLA)KUNDAPURA CONSTITUENCY, HALADIKUNDAPURA TALUK, UDUPI DISTRICT
48 H G RAMESHNO 141, SAIDEEPA3RD MAIN ROAD, I BLOCKDOLLARS COLONYASHWATH NAGAR, RMV IIBANGALORE 560 094
49 H VISHWANATHNO 1197, 3RD CROSSHAL 3RD STAGE,NEW THIPPASANDRA,BANGALORE 560 075
50 VIRUPAKSHAPPA B RAYAREDDYNO 380, I CROSS 4TH BLK,KORAMANGALABANGALORE 560 034
51 K. NAGARAJ, NO.1/6, 12TH CROSS, 3RD BLK,
7
T.R. NAGAR, BANGALORE.560028
52 K.L. KUMAR,NO.28, KUMARAKRUPA, GOVT.GUEST HOUSE, HIGH GROUND,BANGALORE 560001
53 ANAND,NO.3/1, 5TH MAIN ROAD,PWD QUARTERS,JAYAMAHAL, BANGALORE.560046
54 BHASKAR,NO.36, KUMARAKRUPA,GOVT. GUEST HOUSE,HIGH GROUND, BANGALORE.560001
55 INDIRA,NO.40/41, 1ST MAIN ROAD,2ND CROSS ROAD,LOWER PALACE ARCHARD,BANGALORE.
56 PRAHALAD JOSHI,DARWAD NORTHL, NO.122/D, MAYURI ESTATE,KESHAVAPURA, HUBLI-580 023.
57 DR. K.N. PREETHAN,NO.93,L 6TH CROSS ROAD,BTM 2ND STAGE, BANGALORE.560076
58 JADEMURTHY BANNUR,NO.13, III WARD, OM PARADISE,KRISHNAM SHETTY ROAD, BELLARY.
59 NAGAMANI NAGEGOWDA (MLA), NO.463/G, 12TH MAIN,
8
RMV EXTENSION,BANGALORE.
60 M.P. INDUMATHI,NO.48/3, 14-B9, 5TH E CROSS,WEAVERS COLONY, ATTIGUPPE,BANGALORE. 560040
61 PAPA REDDY(MLA),BLK NO.5, H.NO.7, PWD QUARTERS,LALBAG SIDDAPURA,JAYANAGARA 1ST BLK, BANGALORE.
62 B. NANJAMANI(MLA),TIPTUR CONSTITUENCY,TIPTUR.
63 M.S. SOMALINGAPPA(MLA),SHIRAGUPPA CONSTIUENCY,TEKKALAKOTE, BELLARI DISTRICT.
64 ARUN MACHAIAH(MLC),NO.230, LEGISLATURES HOME,NEAR VIDHANA SOUDHA,BANGALORE. 560001
65 M.P. KUMARA SWAMY(MLA),MEKANAGADDE, MUDIGERE,CHIKKAMAGALURU DISTRICT.
66 G. BASAVANNAPPA(MLA),NO.307, 14TH MAIN, RAJAMAHAL VILAS,SADASHIVANAGARA, BANGALORE.560080
67 R. ROSHAN BAIG(MLA),NO.94/2, 9TH CROSS,RMV EXTENSION, SADASHIVANAGARA,BANGALORE.560080
9
68 K. SHARANAPPA(EX. MLA),KUSTAGI CONSTITUENCY.
69 D.S. MADAPPA(EX.MLA),MADAKERI CONSTITUENCY,MADAKERI.
70 SHANKUNTALA T. SHETTY(MLA),PUTTUR CONSTITUENCY,PUTTUR.
71 MALALI NATARAJA KUMAR,NO.28/28, 1ST MAIN, SHESHADRIPURAM, BANGALORE.560020
72 PADMANABHA KOTARI(MLA),VITTALA CONSTITUENCY, VITTALA.
73 G. CHANDRANNA KRISHNA(MLA),KORAMARA BEEDI, TALUK KACHERI ROAD,DEVANAHALLI.
74 M.J. APPAJI (EX.MLA),JOQ 1 NEW TOWN,BHADRAVATHI.
75 S.M. DEEPA, NO.1138/E, A 3RD MAIN,VIJAYANAGARA, BANGALORE.560040
76 PALLAVI NADAGOWDA(MLA),NO.179, 11TH CROSS, 3RD MAIN,RMV 2ND STAGE, BANGALORE.
77 HEMALATHA RAMESH,NO.42, I FLOOR, OPP. M.S. RAMAIAHHOSPITAL, NEW BEL ROAD,RMV II STAGE, BANGALORE.560094
10
78 R. ASHOK(MINISTER),MINISTER FOR HEALTH & FAMILY WELFARE,VIDHANA SOUDHA, BANGALORE.
79 B.R. MAMTHA,NO.310, 15TH CROSS, SADASHIVANAGARA,BANGALORE.560080
80 M. VENKATESH,NO.60, I MAIN, PREMNAGAR,KEMPEGOWDA LAYOUT,LEGGERE VILLAGE, BANGALORE.
81 CHANDROJI RAO,NO.105/C, PWD QUARTERS,KAVALBYRASANDRA,BANGALORE.560032
82 SHEELA GOWRI,NO.5, II FLOOR, I CROSS,N.K. PALYA, SHIVAJI ROAD,SHIVAJI NAGAR,BANGALORE.560051
83 THONTADARYA(MLC),NO.208, 12TH MAIN, 3RD CROSS,SARASWATHIPURAM,MYSORE.
84 C. GURUNATH(EX-MINISTER)NO.165, S.R. -11, HMT COLONY,SHAHABAD, GULBARGA DISTRICT.
85 KRISHNA(FORMER DEPUTY MAYOR, MYSORE),NO.839, SHIVARATHRISHWARA NAGARA,BANNIMANTAPA LAYOUT,MYSORE-570001
86 J. PADMA,NO.187, 4TH MAIN ROAD,
11
11TH CROSS, BEML EXTENSION,BASAVESHWARA NAGARA,BANGALORE.
87 VYJYANTAHA PATIL(MLA),CHINCHOLI CONSTITUENCY,CHINCHOLI.
88 DR. SHARANAPRAKASH PATIL(MLA),SEDAM, HUDUGI(P), SEDAM(T),GULBARGA DISTRICT.
89 N.S. BOSARAJU(MLA),CHAIRMAN, HYDRABAD KARNATAKA,PRADESHABHIVRUDI MANDALI,ABHIVRUDHI BAVANA, IVANA-E-SHAI,GULBARGA.
90 KUMARI HEMA BADARLI,NO.400, 3RD MAIN, 2ND BLK,R.T. NAGAR, BANGALORE.
91 SMT. USHA(CINI ARTIST),NO.4, I FLOOR, II MAIN,RPC LAYOUT, BANGALORE.
92 AMARNATH GOWDA,NO.336, 25TH CROSS,9TH MAIN, BSK.
93 S.H. SURESH,MUDDEBIHALA(TALUK),BIJAPUR DISTRICT.
94 MANOHAR MASKI(MLC),MLC, RAICHUR.
95 SURESH ANGADI(MP),SAMPIGE ROAD,BELGAUM.
12
96 SMT. VINODHA,NO.3/12, (NEW NO.4), 4TH CROSS,7TH MAIN ROAD, 4TH PHASE,BSK 3RD STAGE, BANGALORE.560085
97 K.G. BOPAIAH(MLA), (SPEAKER)NO.23/232, WOODLANDS SUN KANTHI CLUB,NEAR MADIKERI, KODAGU DISTRICT.
98 RATHNAKAR NAIK(OFFICIAL IN CMS OFFICE,SHILPAVILLA, VIDHANA SOUDHA),NEW RAILWAY STATION, YESHWANTHPUR,B.K. NAGAR ROAD, BANGALORE.560022
99 M. KUMAR (DRIVER IN ITBT DEPT.),NO.85/3, KPW QUARTERS,J.B. NAGAR, BANGLAORE- 560075
100 NARAYANAMMAHOUSEWIFE NO.103/D 4THMAINKSRTC KUVEMPU NAGAR, N BLK,MYSORE.
101 H V JAYALAKSHMINO.136/2, 13TH MAIN 5TH CROSSHAL III STAGE, KODIHALLYBANGALORE 560 008
102 RATHNAKARS/O D.MANJUNATHAGED ABOUT 43 YEARSR/AT NO.758, 5TH MAIN ROAD,8TH CROSS, II BLOCKR.T.NAGAR, BANGALORE – 560 032
103 ASHOK G SHABADHI (MLA)ANDHIGANUR (PO)
13
SINDHAGI (TQ)BIJAPUR DISTRICT.
104 H S SHIVASHANKAR (MLC)NO.218 3RD MAIN ROAD,P..G LAYOUT,DAVANAGERE 577 002
105 C B SURESH BABU (EX-MLA)CHIKKNAYAKANAHALLI,CONSTITUENCY TUMKUR DISTRICGTTUMKUR 577 214
106 RUDRAPPA M LAMANI (EX-MLA)C/O G.T. NAYAKA-2 BLK NO.5, COD QUARTERSNEELASANDRA AUSTIN TOWN,BANGALORE 560 047
107 H S NANJEGOWDAGOVT. SERVANT,C/O S.T. RAMESH B-19, NGOQUARTERS RAJAJINAGAR,BANGALORE 560 010
108 R BABU BUSINESSNO.1886, SOURABHA, 10TH MAIN,34TH CROSS, BSK II STAGE,BANGALORE 560 070
109 NAVAB JOHN (GUEST HOUSE MANAGER)NO.217, RANKA APARTMENTSCV RAMAN RAOD, RMV EXTENSION,SADASHIVANAGARBANGALORE 560 080
110 Y HARISH NO.305, VARAMAVU VILLAGE,BANGALORE 560 043
14
111 P R SURESHC/O SUJENDRAC-57, KHB QUARTERS, KAVAL BYRASANDRABANGALORE 560 033
112 SYDAPPANO.107/C KHB QUARTERS,KAVAL BYRASANDRABANGALORE 560 033
113 RAJASHEKAR (DRIVER)NO.258/9, 14TH CROSSYELAHANKA NEW TOWN,PWD QUARTERS, BANGALORE.
114 K JAYANNA(GENERAL PROGRAMMER) NO.1172/B, 5TH MAIN A BLK,II STAGE, RAJAJINAGAR,BANGALORE 10
115 M B BIRADAR(SHIRASTEDAR)NO.336, II A MAIN, DOMLUR LAYOUTBANGALORE 560 071
116 N R LOKESH(SECRETRIAT CLASS IV EMP)NO.108, 9/1 QUARTERSSLUM CLEARANCE BOARD,LAGGERE KAVERI NAGAR,BANGALORE 560 058
117 B C BHARATHI(STENOGRAPHER)NO.17, 10TH CROSS, SWIMMINGPOOL EXTENSION,MALLESHWARAM,BANGALORE 560 003
15
118 SHIVAMADU(TYPIEST, SMALL IRRIGATION DEPARTMENT)S/O PUTTA MADHEGOWDANO.194, II G MAI ROAD,11TH BLK, 2ND STAGE,NAGARBHAVI, BANGALORE 72.
119 M K SUDHA(HOUSEWIFE)D/O LATE M.S.KEMPEGOWDATHOTADAMANE MADHANE VILLAGEMATHIGATTA (PO)CHANNARAYPAATTANA TALUK.
120 M SHANKAR(JAMEDHAR)NO.263/8, PWD QUARTERS,M.S.BUILDING, YELAHANKA UPANAGARA, BANGALORE 54
121 K M MADHESHAC/O M.S.KRISHNEGOWDA8TH CROSS, NARAYANAREDDYLAYOUT,NEAR ST.ANTHONY COLLEGERAMAMURTHYNAGAR, BANGALORE 3.
122 B P THIMMAIAH(SECRETARIAT CLASS IV EMP)NO.854, 10THMAIN DIVANARAPALYAGOKULA (PO)YESHWANTHPURABANGALORE 560 053
123 N SHANKARAIAH(DRIVER)NO.C-144, PWD QUARTERSKAVAL BYRASANDRA, BANGALORE.
124 M GILBERT (DRIVER IN CM OFFICE)NO.16, 7THC ROSS MUNINANJAPPA BLOCK
16
DINNUR, R.T.NAGAR (PO)BANGALORE 560 032
125 BETTASWAMY(ASSISTANT) C/O JAYAMMA NO.28, 6TH CROSSVINAYAKA NAGAR, OLD GUDDADAHALLI,MYSORE ROAD, BANGALORE 26
126 SRINIVAS(DRIVER)C/O SIDDAGANGAPPANO.8, 5TH CROSS II MAIN,GOVINDARAJA NAGAR,BANGALORE 56 0040
127 YASHODHAMMANO.205, RMV II STAGE,NAGASHETTIHALLYBANGALORE 560 094
128 PUSHPA(HOUSEWIFE)D/O MAHALINGEGOWDASOSALAGERE VILALGE, AKKANAHALLI (PO)NUGGEHALLI (HO)CHANNARAYAPATNA.
129 VILAS BABU ALUMELKAR (MLA)LIG NO.46, HUDUPA COLONY,JALA NAGAR, VIJAPUR.
130 N MANJULA (HOUSE WIFE)NO.11, 6TH CROSS VASANTHAPPA BLK,GANGANAGAR,BANGALORE 32
131 S VIMALA (SOCIAL WORKER)NO.48, 9TH CROSS J.P.NAGAR,
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I PHASE, BANGALORE.
132 RADHAMMA(BUSINESS)NO.566, DEEWANS ROAD, MYSORE
133 K MANJULA(HOUSEWIFE)GOTTEGERE GRAMA, BANNERGATTA ROAD,BANGALORE 560 083
134 KARADI SANGANNA (EX-MLA)KENNARA ROAD, KOPPALA
135 T M CHANDRASHEKARAIAH (MLA)SADASHIVANAGAR, SIRAGUPPABELLARY DISTRICT.
136 M VENKATESH KUMAR (PWD CONTRACTOR)NO.314, 11TH CROSS, 25TH MAIN,J P NAGAR MAIN ROAD, BANGALORE.
137 CHANDRAKALANO.24, 4THMAIN GANGENAHALLIBANGALORE 32.
138 P S GURUSIDDAPPA(RTD. CENTRAL GOVT.)NO.32/5, 8TH MAIN, 11TH CROSSMALLESHWARAM,BANGALORE-3
139 M CHANDRASHEKAR(PRIVATE SERVICE)NO.119, 16TH CROSS I BLKRAJAJINAGAR,BANGALORE 560 010
18
140 K MUNIRAJU (COMPUTER ASST.)NO.180, HMT QUARTERS HMTLAYOUT, JALAHALLI, BANGALORE.
141 NAGANNA(GOVT. SERVANT) NO.21, IST FLOOR 80 FEET ROAD,HMT LAYOUYT, R T NAGARBANGALORE 32
142 VISHWANATH KARABASAPPA (MLA)MAMANIROOM NO.533, LF -II BANGALORE.
143 P SUNDARA MURTHY(GOVT. SERVANT)NO.39, II CROSS, SAIBADA NAGARS.R.PURAM,BANGALORE 21
144 N RAVICHANDRANO.4076, 19TH MAIN 5TH A CROSSHAL II STAGE,INDIRANAGARA,BANGALORE 8
145 MANJUNATH C K NO.C-148, PWD QUARTERSKHB COLONY KAVAL BYRASANDRABANGALORE 32
146 RAJESHWARI ARJUNNO.575, III CROSS, MAHALAKSHMILAYOUT, BANGALORE 86
147 P GURUSWAMYNO.80/3, A TYPE PWD QUARTERSB NAGAR, BANGALORE.
19
148 SURESH V BHAT(GOVT. SERVANT) NO.206, 7TH CROSS, IST N BLCOKRAJAJINAGAR,BANGALORE 560 010
149 B R KERU(PRIVATE)NO.550/B, 6TH A MAIN HANUMANTHANAGARBANGALORE.
150 D S CHANDRASHEKAR(BUSINESS)NO.26, RMV II STAGE, I MAIN,DOLLAR COLONY, BANGLAORE 94.
151 A KRISHNA(P.C.)NO.5, IST CROSS R.K.STREET,SHESHADRIPURAM, BANGALORE 20
152 K M THIMMEGOWDA (CONTRACT BASIS)NO.5, IST CROSS R.K.STREET,NO.360, SBI COLONY KAMALA NAGAR,BANGALORE 79
153 K SARASWATHI(HOUSEWIFE) NO.C-23, II MAIN PWD QUARTERSKAVAL BYRASANDRA (R.T.NAGAR (PO)BANGALORE 560 032
154 S L MANJU(PEON)NO.257/9, M.S.BUILDING,14TH B CROSS, PWD QUARTERSYELAHANKA UPANAGARABANGALORE 560 064
20
155 B P JAYAVANTH KUMAR(GOVT. SERVANT) NO.27-28, II CROSS, PSR BLK,BASAVESHWARA EXTENSION,R.T.NAGAR BANGALORE 98
156 SMT A B KAMAVVA(HOUSE WIFE)NO.3, IST A CROSS MAHALAKSHMI LAYOUT,BANGALORE 86
157 PUSHPALATH R(WIPRO INFRASTRUCTURE)NO.13, IST MAIN, IST C CROSSVIJAYANAGARA, MANUVANABANGALORE 40
158 K ARUNBABU(TYPIST GOVT. SERVANT)A-67/2 KPWD QUARTEDRSJ B NAGAR, BANGLAORE 85
159 KRISHNAPPA (POLICE)NO.122, B M ROAD, GANDHINAGAR,RAMANAGARA TOWNBANGALORE DSITRICT.
160 S GOPALRAO(GOVT. SERVANT) NO.4381/4, 4TH CROSS 14TH MAIN,SUBRAMANYA NAGARBANGALORE 21
161 M A MOHAMED JOHNNO.19, 5TH MAIN, KHB BLKGNAGANAGAR BANGALORE 560 032
162 TARADEVI A SWAMYNO.534, 4TH CROSSHMT LAYOUT,
21
GANGANAGAR, BANGALORE 32
163 YOGANANDA (GOVT. SERVANT)NO.33, MIST MAIN PIPELINE WEST,KASTURIBA NAGARBANGLAORE 560 026
164 B B VEENA(TYPIST) NO.13, IST MAIN, II STAGE,KARANTAKA LAYOUT,BASAVESHWARA NAGAR,BANGALORE 560 079
165 M G PATIL(AGRICULTURE)C/O B.S.PATIL NO.124, 6TH C MAINREMCO LAYOUT, BANGALORE 40
166 K B SHARADAMMAHULIKERE VILALGE MADABALU (HO)MAGADI (TQ)
167 N NANJAPPANO.CS-91/116, RAJEEV GANDHI NAGAR,6TH CROSS, II ROAD,JARAGANAHALLIBANGALORE 560 078
168 ABDUL AJEEM (MLC) NO.3, II F MAIN, 60 FEET ROAD,BOMMASANDRA NEW EXTENSION,SANJAYA NAGAR, BANGALROE.
169 C NAGARAJU(GOVT. SERVANT) NO.6, 3RD BLK PWD QUARTERSSIDDAPURA JAYANAGARA, BANGALORE.
22
170 S RAJUNO.15, 4TH BLK KGF QUARTERSTHIMMENAHALLI, BANGALORE 560 079
171 H R RAVICHADNRA REDDY(CONTRACT BASIS)NO.11, II CROSS, SHAMANNA GARDENWILSON GARDEN, BANGALOER 27.
172 A SHAKUNTALA NATHNO.18/2, RISHAB 7TH MAIN, 5THC ROSSSRIRAMPURAM, BANGALORE.
173 M S MALLIKARJUNNO.53/A II CROSS, KALIDAS ROAD,JAYALAKSHMIPURAM, BANGALORE.
174 MANOHAR K KINEKAR (MLA)LH-2 ROOM NO.505,BANGALORE 560 001
175 DIGAMBAR Y PATIL (MLA)LH-2 ROOM NO.34,BANGALORE 560 001
176 K NEMINATH(RTD. CENTRAL GOVT.)NO.431,5TH CROSS 7TH BLK WESTJAYANAGAR, BANGALORE 82
177 K LATHA(GOVT. OFFICIAL)NO.6, NEAR ASHOK STORENAGASHETTIHALLY RMV II STAGE,BANGALORE 94
178 LALITHA(HOUSE WIFE)NO.228/1, 3RD MAIN, MARUTHINAGAR,BANGALORE 65
23
179 M C NAGARAJU(GOVT. SERVANT)A-104/1, GOVT. QUARTERSJ.B NAGAR BANGALORE 73
180 ASHADEVI(CONTRACT BASIS)NO.16, IST MAIN, 9TH CROSSSVG NAGAR, MUDALAPALYABANGALORE 560 079
181 K T JAGADISH (JAMEDHAR)NO.14, COTTON HOUSE, COD QUARTERSPALACE ROAD,BANGALORE 560 001
182 H JAGADISH(GOVT. SERVANT)NO.2516, NEXT TO SUJATHA TENT,T.DASARAHALLI BANGALORE 560 057
183 VIJAYAPATIL(JR. ASSISTANT)NO.92/1 A, 6TH CROSS PRAKASH NAGAR,BANGALORE 560 021
184 V P ASHARANINO.376, 12TH CROSS, 5TH MAINDOLLAR COLONY, BANGALORE 94
185 S SAVITHARANI(SENIOR CLERK)NO.9, KRISHNAPPA GARDEN,KENGERI SETTLET TOWNBANGALORE 560 060
186 DEVAPPAC/O 3, GOVT. QUARTERS GNADHIBHAVAN RAOD, K.P.WESTBANGALORE 560 001
24
187 NARAYANARAO(POLICE DEPARTMENT)NO.18, LINK ROAD,SHESHADRIPURAM, BANGALORE 20
188 MAHADEVAPPA PATIL(AGRICULTURE)D-3, III BLK, SAMITHA GREEN HOUSE4TH A CROSSCHANNAKESHAVA LAYOUTKAGGADASAPURABANGALORE 93
189 SHIVARUDRAIAHNO.38, 9TH CROSS 17TH MAIN,BSK III STAGE, MUNESHWARA BLK,BANGALORE 26
190 T K PANKAJAM(HOUSE WIFE)NO.676/1, 3RD CROSSUDAYANAGAR BANGALORE.
191 M JAYAMMA (HOUSE WIFE)NO.569, 14TH B MAIN,GOKULA I STAGE, MATHIKEREBANGALORE.
192 B LAKKAPPA(EX-MLA)KODAGAL ROAD SOUTH EXTENSION,CHIKKANAYAKANAHALLITUMKUR DISTRICT.
193 K H SATISH KUMARNO.61/1, IST MAIN ROAD, GAYATHRI NAGAR,BANGALORE.
25
194 P GOPAL(SOCIAL WORKER)D-10, RAJABHAVAN QUARTERSBANGALORE 1.
195 K SHASHIKANTH ARIGA(GOVT. SERVANT)A-122/2, KPWD QUARTERS B NAGAR,BANGALORE 75
196 MUSTHAQ AHMED SHAREEF(GOVT. SERVANT)NO.11/2 H V LANEPARVATHIPURAM,BANGALORE 4
197 ESHWAR RAONO.9, KUMARA KRUPA GUEST HOUSESTAFF QUARTERS BANGALORE.
198 S K PRABHU(GRAPHI DESIGNER)NO.1/2, OPP. PRERANA JYOTHIASHRAMA PUTTENAHALLI,J P NAGAR, 7TH PHASE BANGALORE.
199 S V MUDDAPPA (PRIVATE)A-44, 3RD MAIN, E BLK II STAGE,RAJAJINAGAR, BANGALORE 10
200 B N BRAHMACHARYA(RTD. GOVT. SERVANT) NO.2206/16, 12TH A MAINRAJAJINAGAR, BANGALORE 10
201 LEELABAI(RTD.) NO.20/B, 4TH CROSS,BAPUJINAGAR, MYSORE ROAD,BANGLAORE 26
26
202 SANATH KUMAR UDUPA(PRIVATE)NO.383, 57TH CROSS ROAD,III STAGE,RAJAJINAGAR BANGALORE 560 010
203 YASMAN TAJNO.11, MM EXTENSION, R.T.NAGAR,BANGALORE 32
204 ANUP KUMARNO.265, 10TH MAIN I BLKJAYANAGAR,BANGALORE 560 011
205 KOMALAHOUSEWIFENO.10/2, 4THMAIN RAJAMAHALGUTTAHALLI BANGALORE 3
206 P M BACHEGOWDADRIVERNO.54, 3RD MAIN, SRIRAMA MANDHIRA ROAD,KAMAKSHIPALYA, BANGALORE 79
207 K H PREMASOCIAL WORKERKENCHAGONAHALLI MAYAGANAHALLI BINIDGANA VILE, NAGAMANGALATALUK, MANDYA DISTRICT.
208 R GANGADHARNO.1088, II CROSS NEW BEEDHIYELAHANKABANGALORE 64.
209 H M GANESH PRASADBUSINESSNO.20, GAGANA CHUMBI ROAD,KUVEMPUNAGAR MYSORE.
27
210 V V UDAYA KUMARAGRICULTUREHODIYANDAHALLI HARAKERE HOBLISRIRANGAPATNA TALUKMANDYA DISTRICT.
211 VIJAYALAKSHMIJR. PROGRAMMER NO.1816, 23RD CROSSGOVINDARAJA NAGAR,BANGALORE 40
212 P SURESHGOVT. SERVANTSOSSALAGERE AKKANAHALLI (PO)NUGGEHALLI (HO)CHANNARAYANAPATNA TALUKHASSAN.
213 K SRINIVASAGOWDAENGINEERNO.2052, HIGH POINT PALACE ROAD,BANGALORE 1
214 SHARANAGOWDA A PATILTAHSILDAR OFFICE ROAD,LINGASAGUR RAICHUR DISTRICT.
215 K S JYOTHI HOUSEWIFEBUDAL ROAD,DAVANAGERE 577 001
216 R PUNYAKOTIAGE 44 UEARSR/AT NO.10, III MAIN, 11TH CROSSSRIGANDADAKAVAL,BANGALORE-1
217 S KRISHNAC/O POOJA ARTICALS
28
RAMAKRISHNA BUIDLINGMARATHAHALLI MAINR AOD,BANGALORE.
218 K H PARTHASARATHISDANO.47, 9THC ROSS CHOLURPALYAMAGADI RAOD, BANGALORE 26.
219 K THYAGARAJAGRICULTURE KADABAGERE MAGADI ROAD,BANGALORE RURAL DISTRICT.
220 PRAKASHNO.286, III MAIN, III PHASEJ P NAGAR, BANGALORE 78.
221 KUMARI H G CHAITRASINGERNO.425, 7TH MAIN ISRO LAYOUTBANGALORE
222 NAGARAJA B JAMAKHANDIJOURNALIST NO.22/1, KAVRIYAPPA EXTENSION,MILLAR TANK, BANGALORE 62.
223 NAGAMMANO.584/3, 2ND STAGE, 10TH MAINBASAVESHWARA NAGARBANGALORE.
224 T REKHANO.115, 14TH CROSSBHUVANESHWARI NAGARMAGADI RAOD,BANGALORE.
225 SWARNA MANJULAHOUSEWIFE
29
NO.397, 65TH CROSS, III MAIN,R.K.PALACE KAVERI NAGAR,R.T.NAGAR, BANGALORE 32
226 REHMAN KHAN RTD. GOVT. SERVANTNO.11, 3RD CROSS, 3RD MAIN,R.K.PALACE KAVERINAGAR,R.T.NAGAR, BANGALORE 32.
227 M R JETTOJI RAOWAITERNO.1416, RACE VIEW COMPOUND,CRESCENT ROAD, HIGH GROUNDSBANGALORE 1
228 BASAMMASANTHEBENNUR KOTE ROAD,CHANNAGIRI TALUKDAVANAGERE DISTRICT.
229 ASHOK C KUMBARGOVT. SERVANTNO.18, KARNATAKA BHAVAN QUARTERSII PHASE S-6, CHANUKYAPURI NEW DELHI.
230 DHAKSHAYINIA-102/1, KPWD QUARTERSJ B NAGAR,BANGLAORE 75
231 B NAGARAJAIAHGOVT. SERVANTU-5, III BLK KGS QUARTERSGOVINDARAJA NAGARBANGALORE 79.
SINCE DECEASED BY LRS:
30
a) SMT. SHIVARATHNA W/O B.NAGARAJAIH AGE: 40 YEARS, HOUSEHOLD WORK
b) N.SOWMYA, D/O B.NAGARAJAIHAGE: 24 YEARS,HOUSEHOLD WORK,
c) N.RAMYA, D/O B.NAGARAJAIHAGE: 23 YEARSGOVT. EMPLOYEE.
ALL ARE R/O.5,3RD BLOCK, K.G.S.QUARTERSGOVINDARAJA NAGAR,BANGALORE 560 079
232 T AMARANATHNO.514, 2ND B CROSS14TH MAIN, GOKULA IST STAGEMATHIKERE, BANGALORE 54.
233 M N LAKSHMIDEVINO.687/17, 2ND FLOOR 8TH MAINRPC LAYOUT, VIJAYANAGAR2ND STAGE, BANGALOER.
234 B JAYANO.69/1, 9TH CROSS, 2ND MAIN,CHAMARAJPETBANGALORE 18
235 JAYANTH M THINEKARNO.34/B, VAGALEGALLIKANAPURA 591 302
236 SABIRA BEGAMNO.130, BILEKANAHALLY DOLLAR COLONYBTM 2ND STAGE, BANGALORE.
31
237 VIDYAPRASANNA THIRTA SWAMIJISRI JAGADGURU MADHVACHARYA MAHA SAMSTHANAKUKKE SUBRAMANYA,SULYA TALUK,DAKSHINA KANNADA 574 238
238 BASAVARAJ PATIL ITAGIS/O LATE MALLIKARJUN GOWDAR/AT DOOR NO.M-126,NIJALINGAPPA COLONYRAICHUR.
239 M N GURUMURTHYMAJORR/AT DOOR NO. 1319-A GROUND FLOOR32ND F CROSS28TH MAIN, 4TH T BLOCKJAYANAGAR, BANGALORE 4
240 K BASVARAJU HITNAL (MLA)KOPPAL CONSTITUENCYKOPPAL DISTRICT.
241 K S L SWAMY (MLC)THURANAGAL SANDUR TALUKBELLARY DSITRICT.
242 B P SINGHC/O DOOR NO.160, IST MAIN,10TH CROSS,RAJAMAHAL VILAS2ND STAGE, BANGALORE 4
243 M C MANUGOOLI (MLA)S/O LATE CHANNVEERAPPABANGARAMMA NILAYASINDAGI TALUK,BIJAPUR DISTRICT.
244 DR V S ACHARYA
32
HOME MINISTERGOVERNMENT OF KARNATAKARAVIKIRAN, KUNJU BETTAUDUPI 2,
SINCE DECESED BY HIS LRS:
a) SMT.SAHANA ACHARYAW/O LATE DR.V.S.ACHARYAAGED ABOUT 65 YEARS
b) KHE ACHARYAS/O LATE V.S.ACHARYAMAJOR
BOTH OF THEM RESIDING ATRAVI KIRAN, KUNJU BATTA, UDUPI-2
c) GANESH PRASADS/O LATE V.S.ACHARYA
d) RAVI RAJS/O LATE V.S.ACHARYA
e) BHARATHI HEBBEL D/O DR. V.S.ACHARYA
f) KAJOL PRASAD,S/o LATE DR.V.S.ACHARYA
245 C P ANITHAAGE 23 YEARSD/O C S PUTTARAJUR/AT NO.397, NANJUDESHWARA NILAYAIST FLOOR, 4TH MAIN, 25TH CROSSBHSK 2ND STAGE, BANGALORE.
246 SRIKANTEGOWDA (MLC)S/O LATE THIMMEGOWDA @ MOTEGOWDA AGE 54 YEARSNO.241, 5TH MAIN ROAD,
33
12TH CROSS, T.K.BADAVANEMYSORE 570 009
247 GANGADHAR BHAT S/O NAGESH BHATAGED 50 YEARSNEAR MAHAMAHEE TEMPLEKANASAGIRISADASHIVAGUDDAKHARWAR 581 352
248 BHARMEGOWDA (RAJU)A-KAGES/O SRI ALLEGOWDA, BHARMEGOWDA KAGEAGED 50 YEARSSIDDESHWARA NAGARUGUR KURDE 591 316,ATHANI TALUK, BELGAVI DISTRICT.
249 SACHIDANANDA L KOTHES/O LAKSHMAPPA KOTHEAGED 52 YEARSR/AT HEBBAL GRAMA POSTHUSAKERE TALUK, BELGAVI DISTRICT(SPEAKER KARNATAKA LEGISLATIVE COUNSEL)
250 VISHWESWARA ANANTHA HEGDE KENGERIS/O ANANTHA HEGDEAGED 49 YEARS,MINISTER FOR EDUCATIONGOVERNMENT OF KARNATAKAVIDHANA SOUDHABANGALORE.
251 S N BASAVARAJMAJORR/AT NO.8, 4TH BLOCKKHB COLONYBANGALORE 560 071
252 V R CHANDRASHEKAR
34
S/O B T RAMASWAMY GOWDAAGED ABOUT 50 YEARSR/AT NO.50, SAFADAR JUNG LANENEW DELHI 110 011
... RESPONDENTS
(BY SRI.K.M.NATARAJ, ADDITIONAL ADVOCATE GENERALAND SRI.INDIRESH, AGA FOR R1 & 2;SRI.B.RUDRAGOWDA,ADV. FOR R-33, 239;M/S JAYAKUMAR S.PATIL ASSOCIATES FOR R67, 68, 134 &135;SRI. A.CHANDRA CHUD A.C.ASSOCIATES FOR R79, 96, 100,101, 140 & 143;SRI. B.SRINIVAS, ADV. FOR R 247;SRI.S.MARIGOWDA, ADV. FOR R10;SRI.C.N.MAHADESHWARA, ADV. FOR R5;M/S V.J. KUMAR & ASSTS FOR R-173, 209 & 214;SRI.R.RAJANNA, ADV. FOR R 248;SRI.S.K.VENKATA REDDY, ADV. FOR R 27;SRI. BASAVARAJ, ADV. FOR R-76;SRI. MAHANTESH S.HOSAMATH, ADV. FOR R17;SRI.NARAYANA REDDY, ADV. FOR R-199;R.L.N.MURTHY ASSTS FOR R- 117, 171, 182, 218 & 220;ADINATHA NARADE REVATHY ASSTS. FOR R-50;SRI.K.V.NARASIMHAN, FOR R-200;SRI.B.V.SHANKARA NARAYAN RAO, ADV. FOR R3;SRI.D.J.GOVINDA RAJU, ADV. FOR R-137 & 162;ASHOK HARANAHALLI ASSTS FOR R-11;NAGAIAH, ADV. FOR R-59;SRI.S.G.BHAGAWAN, ADV. FOR R-151;SRI.R.SOMASUNDARA, ADV. FOR R-23;SRI.C.H.JADAV, ADV. FOR R-114, 108, 125, 163, 169, 170,202, 224, 121, 205, 157, 158, 159, 189, 193 & 212;SRI.A.MADHUSUDHANA RAO, ADV. FOR R-237;S.RAJU & ASSTS FOR R-7;SRI.B.C.SEETHARAMA RAO, ADV. FOR R-155;SRI.G.D.ASWATHANARAYANA, ADV. FOR R-15;SUSHEEL ASSTS LAW FIRM FOR R-103;SRI.N.K.RAMESH, ADV. FOR R-213;LAW ASSTS FOR R-85;
35
SRI.D.P.PRASANNA & ASSTS. FOR R-69;SRI.B.PRAMOD, ADV. FOR R-34, 41 & 42;SRI.A.KESHAVA BHAT & K.SHRI KRISHNA, ADVS. FOR R-70;SRI.S.S.HALALLI, ADV. FOR R-84;DHARMASHREE ASSTS FOR R-97;SRI.H.RAMACHANDRA, ADV. FOR R-43;SRI.B.JAYA PRAKASH SHETTY, ADV. FOR R-202;SRI.IRSHAD AHMED, ADV. FOR R-194;SRI.A.V.NISHANTH, ADV. FOR R-78;B P D S ASSTS. FOR R-139;S & S ASSTS FOR R-154 & 161;SRI B.S.JAGADEESH, ADV. FOR R-80, 118, 116, 122, 167,179, 195, 211 & 230;SRI. R.SRINIVASA, ADV. FOR R-113;SRI.V.N.JAGADEESH, ADV. FOR R-113;SRI.D.G.KRISHNAMURTHY, ADV. FOR R-28;SRI.S.T.MAHESH, ADV. FOR R-156;SRI.V.VISWANATH, M.K.SHIVARAJU, ADVS. FOR R-13;SRI. GOUTAM & RAJESWAR, ADV. FOR R-38;SRI. P.CHANGALARAJU REDDY, ADV. FOR R-95;C.R.GOPALA SWAMY & ASSTS FOR R-128;DHARMASHREE ASSTS FOR R-72;M.RAMESH OM & COMPANY FOR R-133;SRI.VEERENDRA PATIL, ADV. FOR R-138;SRI.P.N.NANJA REDDY, ADV. FOR R-208 & 217;LEX JUSTICA FOR R-219;SRI.S.PRAKASH SHETTY, ADV. FOR R-47;DIWAKAR & ASSTS FOR R-25;SRI.BASAVARAJ KAREDY, ADV. FOR R-26 & 238;C.V.NAGESH ASTS FOR R-77;SRI.S.M.CHANDRASHEKAR, ADV. FOR R-88;SRI.K.S.BHARATH KUMAR, ADV. FOR R-221;SRI.MUNIYAPPA N.C. R.KALASHRI, B.SHASHIKALA, ADVS.FOR R-51, 53, 54, 164, 190, 197, 201, 216 & 227:SRI.H.SHANTHI BHUSHAN, ADV. FOR R-99;SRI.H.SHIVAKUMAR, ADV. FOR R-90;INDUS LAW FOR R-40;B.T.KOLLER, ADV. FOR R-40;SRI.D.L.JAGADEESH, ADV. FOR R-20;SRI. DEEPAK, ADV. FOR R-102;SRI.MANOJ DEVINDER PUKALE, ADV. FOR R-31;
36
SRI.RAMESH BABU & ASSTS FOR R-127 & 130;SRI.M.V.VISHAKANTEGOWDA, ADV. FOR R-22;DIWAKARA ASSTS FOR R-83;SRI.D.L.JAGADEESH, ADV. FOR R-92;SRI.P.H.VIRUPAKSHAIAH, ADV. FOR R-104;SRI.B.N.VINOD KUMAR, ADV. FOR R-110,111 & 112;SRI.K.R.RAMESH, ADV. FOR R-141, 144, 147 & 153;SRI.G.K.V. MURTHY & P.E.UMESH, ADVS. FOR R-198;A.G.SHIVANA & ASSTS FOR R-232;SRI.R.S.RAVI, ADV. FOR R-246;SRI.B.PRAMOD, ADV. FOR R-249;SRI.LAXMINARAYANA N.HEGDE, ADV. FOR R-250;DHARMASHREE ASSTS FOR R-168;SRI.C.MUNIYAPPA, ADV. FOR R-196;SRI.B.S.JAGADEESH, ADV. FOR R-150;SRI.G.R.PRAKASH, ADV. FOR R-252, 215, 207, 210, 185,183, 81, 148, 119, 160, 181, 177 & 178;M/S CHANDRA & S.SHEKAR FOR R-74;KESVI & CO., SHANMUKHAPPA FOR R-62;SRI.R.S.RAVI, ADV. FOR R-245;SRI.MAHESH R.UPPIN, ADV. FOR R-24 & 35;SRI.B.RUDREGOWDA, ADV. FOR R-222;DHARMASHREE ASSOCIATES FOR R-4, 6 & 94;SRI.K.R.RAMESH, ADV. FOR R-146;SRI.S.GANGADHAR AITHAL, ADV. FOR R-149;SRI.N.RAVINDRAKAMATH, ADV. FOR R-64;SRI.R.S.RAVI, ADV. FOR R-39;DIWAKAR & ASSTS. FOR R-251;M.SHIVAPPA ASSTS FOR R-57;DHARMASHREE ASSOCIATES FOR R-244;C.N.VENUGOPAL & ASSTS. FOR R-244;CHINMAYI ASSTS. ADVOCATES & LEGAL CONSULTANTS FORR-231(A-C);SRI.G.R.PRAKASH, ADV. FOR R-225 & 180;SRI. K.MUNIRAJAPPA, ADV. FOR R-9;SRI.MAHESH R.UPPIN, ADV. FOR R-32;R-19, 29, 36, 45, 46, 52, 61, 63, 65, 66, 93, 105, 120, 126,136, 145, 165, 166, 176, 187, 188, 191, 192, 206, 231,235, 241, 243 ARE SD;SERVICE OF NOTICE IN RESPECT OF R-8, 12, 14, 16, 18,21, 30, 44,49, 60, 71, 82, 86, 87, 89, 91, 98, 106, 107,
37
109, 115, 123, 124, 131, 132, 142, 152, 172, 174, 175,180, 184, 186, 203, 223, 225, 226, 228, 229, 233, 234,236, 240 & 242 ARE HELD SUFFICIENT.
W.P.23475/10 FILED UNDER ARTICLES 226 & 227 OFTHE CONSTITUTION OF INDIA PRAYING TO -QUASH THE ANNEX-A STATEMENT SHOWING THE LIST OFMPs, MLAs, AND MLCs AND OTHERS IN WHOSE FAVOURTHE GOVERNMENT HAS ISSUED DIRECTION TO ALLOTSTRAY SITES UNDER-G CATEGORY VIDE GOVERNMENTORDER VIDE ANENX-B1 TO B250.
IN W.P.No.1032 OF 2006:
BETWEEN
1 THE PRESIDENTDISTRICT RYOTS HORATA SAMITHIKEDARLINGAIAH HIREMATHAGED 48 YEARS GODUTHAINAGARGULBARGA ... PETITIONER
( THE PRESIDENT DISTRICT RYOTS HORATA SAMITHI,GULBARGA - SERVED )
AND :
1 THE STATE OF KARNATAKAREP BY ITS CHIEF SECRETARYVIDHANA SOUDHA, DR.AMBEDKAR ROADBANGALORE-01
2 THE PRINCIPAL SECRETARYURBAN DEVELOPMENT DEPARTMENTGOVT.OF KARNATAKAM S BUILDINGBANGALORE-01
3 THE BANGALORE DEVELOPMENT AUTHORITYT CHOWDAIAH ROAD
38
K P WESTBANGALORE-20REPRESENTED BY ITS COMMISSIONER
4 THE CHIEF MINISTERSTATE OF KARNATAKAVIDHANA SOUDHADR.B.R. AMBEDKAR ROADBANGALORE-01
... RESPONDENTS
(By Sri : K.M. NATARAJ, AAG A/W INDRESH, AGA FOR R1 &2;SRI. V Y KUMAR, ADV. FOR R3 )
W.P. NO.1032/06 IS FILED UNDER ARTICLES 226 &227 OF THE CONSTITUTION OF INDIA PRAYING TO:DECLARE THAT RULE 5 OF THE BANGALORE DEVELOPMENTAUTHORITY (ALLOTMENT OF SITES) RULES 1984 UNDERTHE BDA ACT, 1976 WHICH EMPOWERS THE BANGALOREDEVELOPMENT AUTHORITY TO DISPOSE OF STRAY SITES INACCORDANCE WITH THE GUIDELINES ISSUED BY THEGOVT. IS ARBITRARY UNDER THE CIRCUMSTANCESEXPLAINED IN THE SAID RULE AS IT ULTRAVIRES THECONSTITUTION OF INDIA AND THE SAME TO BE STRUCKDOWN FROM THE ACT AND THE RULES AND
DIRECT R3- BDA NOT TO ALLOT ANY SITES CATEGORIZINGSUCH OF THOSE SITES AS THE CANCELLED SITE OR ASURRENDERED SITE BY THE ALLOTTEE OR A SITE FALLINGUNDER THE CATEGORY OF READJUSTMENT SITE ASDESCRIBED IN SECTION 2(j) IN BDA (ALLOTMENT OF SITESRULES 1984).
IN W.P. No 36275 OF 2009:
BETWEEN
1 SRI S VASUDEVA B.COM, B.L.,ADVOCATE, ENROLLMENT NO.56/71, NO.78/10,NANJAPPA BUILDING, SUSHEELA ROAD,
39
DODDAMAVALLI, BANGALORE-560004
... PETITIONER
(By Sri : S VASUDEVA (PARTY-IN-PERSON) )
AND :
1 GOVERNMENT OF KARNATAKA REP. BY ITS CHIEF SECRETARY,VIDHANA VEEDHI,BANGALORE-560001
2 THE SECRETARY,HOUSE AND URBAN DEVELOPMENT DEPARTMENT,MULTISTORIED BUILDING,BANGALORE-560001
3 THE COMMISSIONER,BANGALORE DEVELOPMENT AUTHORITY,KUMARAPARK WEST,BANGALORE-560020
4 PRABHU CHAUVAN, AGE: MAJOR, BONTHI THANDA TYALUK,AURAD(B)BIDAR DISTRICT,KARNATAKA.
5 DODDAPPAGOWDA SHIVALINGAPPAGOWDA PATIL,NARIBOLA, AGE: MAJORJEWARGI CONSTITUENCY,LEGISLATIVE HOUSE,BANGALORE- 560001
6 MANAPPA D VAJJALA, AGE: MAJORLINGASUGUR CONSTITUENCY,RAICHUR DISTRICT.
7 G. KARUNAKARA REDDY, AGE: MAJORROOM NO.344, 3RD FLOOR,
40
VIDHANA SOUDHA, BANGALORE-560001
8 B.P. HARISH, AGE: MAJORHARIHARA CONSTITUENCY,HARIHARA, DAVANAGERE DISTRICT.
9 M. BASAVARAJA NAIK, AGE: MAJOR,MAYAKONDA, HALUR HATTI,DAVANAGERE DISTRICT.
10 SHIVANAGOWDA NAIK, AGE: MAJOR,NO.1, PALLAM RESIDENCY, SERPENTINE ROAD,KUMARAPARK WEST,BANGALORE-560020
11 PATHAPAGOWDA PATIL, AGE: MAJOR,MASKI CONSTITUENCY, RAYACHUR DISTRICT,LEGISLATIVE HOME, ROOM NO.190-191,BANGALORE.
12 B. CHANDRA NAIK, AGE: MAJOR,HADAGALI CONSTITUENCY,BELLARY DISTRICT,LEGISLATIVE HOME,ROOM NO.176, BANGALORE.560001
13 K. NEMARAJ NAIK, AGE: MAJOR,HAGARIBOMMANAHALLI CONSTITUENCY,LEGISLATIVE HOME ROOM NO.315,3RD FLOOR, BANGALORE. 560001
14 T.H. SURESH BABU, AGE: MAJOR,KAMPLI CONSTITUENCY,BELLARY DISTRICT LEGISLATIVE,HOME, ROOM NO.333, BANGALORE- 560001
15 B. NAGENDRA, AGE: MAJOR,KOODLIGI CONSTITUENCY,
41
BELLARY DISTRICT LEGISLATIVEHOME, ROOM NO.330,BANGALORE-560001
16 PARANNA ESHWARAPPA, AGE: MAJOR, MUNAVALLI, GANGAVATHI CONSTITUENCY,KOPPAL DISTRICT,KARNATAKA.
17 ESHANNA,GULAGANNAVARA, AGE: MAJKOR,YELBURGA CONSTITUENCY,YELBURGA TALUK,KOPPAL DISTRICT.
18 KATAKDHOND VITTALADHONDIBHA, AGE: MAJOR,NAGATANA (VIJAPURA)CONSTITUENCY VIJAPURADISTRICT.
19 DR.BAGALISARVOBHOUMASATHAGOWDA, AGE: MAJOR,NO.77, SRINAGARA COLONYSOLAPURA ROADBIJAPURA
20 BOOSANUR RAMESH BALAPPA,AGE: MAJOR,SINDAGI CONSTITUENCY, BIJAPURADISTRICT,ROOM NO.348, LEGISLATIVE HOME,BANGALORE-560001
21 SANJAYA B PATIL, AGE: MAJOR,BELAGAM RURAL CONSTITUENCY,"SNEH" PLOT NO.17, 18 & 19, 1ST CROSS,ADARSHA NAGAR, HINDWADI, BELGAUM- 590011
42
22 PRAHALAD REMANI, AGE: MAJOR,KHANAPURA CONSTITURNCY,RAGINI MARGOD PLOT,STATION ROAD, KHANAPURA.
23 IHOLE DURYODHANA, AGE: MAJOR,
RAYABAG CONSTITUENCY,BELAGAVI DISTRICT.
24 KULAKARNI SRIKANTH SUBBARAO,AGE: MAJOR, JAMAKANDI CONSTITUENCY,BAGALKOT DISTRICT.
25 V.S. PATIL,ANDALAGI POST, AGE: MAJOR,MUNDAGODA TALUK,UTTARA KARNATAKA.
26 SHANKARA PATIL,MUNENAKOPPA, AGE: MAJOR,NO.83, ASHOK NAGARA, NAVALAGUNDA, DARWAD DISTRICT.
27 SEEMA ASHOK MASUTHI, AGE: MAJOR,MATHA-PITRU NILAYA,HOSA ROAD, HARIHARA ROAD,NEWHARU NAGARA, DHARWAD.
28 VEERABHADRAPPA, AGE: MAJOR,HALAHARAVI,L NO.EWS, NAVANAGARA,HUBLI.
29 RAMAPPA S. LAMANI, AGE: MAJOR,SHIRAHATTI CONSTITUENCY,GADAG DISTRICT.
30 BIDAROOR SRISHYLAPPA, AGE: MAJOR,VEERAPAKSHAPPA, ADARSHA NAGAR,KALASAPURA ROAD, GADAG.
43
31 DR. D. HEMACHANDRA SAGAR, AGE: MAJOR,CHIKKAPETE CONSTITUENCY,BANGALORE.
32 L.A. RAVISUBRAMANYA, AGE: MAJOR,
BASAVANAGUDI CONSTITUENCY,BANGALORE.
33 DERIK M.B. FULLINFAW, AGE: MAJOR,C-15, NO.1454, BDA FLATS,2ND STAGE, AUSTIN TOWN,BANGALORE-560042
34 AMARESH KEELAGANI, AGE: MAJOR,AMMENATHA POST, MULABAGU-563 131
35 NARENDRA BABU, AGE: MAJOR,MAHALAKSHMI LAYOUT,CONSTITUENCY, BANGALORE.
36 DR. MAMTAZ ALIKHAN, AGE: MAJOR,CHIKKABALLAPURA CONSTITUENCY,CHIKKABALLAPURA.
37 DR. DODDARANGEGOWDA, AGE: MAJOR,ROOM NO.16, LEGISLATIVE HOME,BANGALORE- 560001
38 GALI SOMASHEKARA REDDY, AGE: MAJOR,BELLARY NAGARA CONSTITUENCY,BELLARY.
39 K. MADAL VIRUPAKSHAPPA, AGE: MAJOR,CHANNAGIRI CONSTITUENCY,CHANNESHAPURA VILLAGE,MUDAL POST, CHANNAGIRI TALUKDAVANAGERE DISTRICT.
40 D.S. SURESH, AGE: MAJOR,DHORASALU VILLAGE,L
44
TARIKERE TALUKCHIKKAMAGALUR DISTRICT.
41 K.G. KUMARASWAMY, AGE: MAJOR,SHIMOGA RURAL CONSTITUENCY,SHIMOGA.
42 K. LAKSHMINARAYANA, AGE: MAJOR,
YEDTERE VILLAGE,KUNDAPURA TALUK, UDUPI DISTRICT,BYNDUR- 576214
43 K. RAGHUPATHI BHAT, AGE: MAJOR, UDUPI CONSTITUENCY,GURUPRASAD, RAJACHARYA MARGA,KARAMBALLI, UDUPI-576102
44 MALLIKA PRASAD, AGE: MAJOR,PUTTUR CONSTITUENCY,KOUSTUBHA, BELUVARU,PUTTUR, DAKSHINA KANNADA.
45 B.C. NAGESH, AGE: MAJOR,TIPTUR CONSTITUENCY,K.R. EXTENSION, TIPTUR.
46 B. SURESH GOWDA, AGE: MAJOR,TUMKUR RURAL CONSTITUENCY,2ND CROSS, SARASWATHIPURAM,(DEVRAJ ARAS ROAD), TUMKUR.
47 Y. SAMPANGI, AGE: MAJOR,BEHIND POLICE STATION,BETHAMANGALA.
48 N.S. NANDISH REDDY, AGE: MAJOR,KRISHNARAJAPURA CONSTITUENCY,BANGALORE.
49 S. MUNIRAJU, AGE: MAJOR, SURAJ #18, LAKE VIEW, DEFENCE COLONY,
45
SHETTYHALLI, JALAHALLI WEST POST,BANGALORE-560015
50 M.KRISHNAPPA , AGE: MAJOR,NO.196,16TH MAIN,24TH CROSS,BANASHANKARI 2ND STAGE ,BANGALORE 560070
51 DR.C.N.ASHWATH NARAYANA, AGE: MAJOR,MALLESWARAM CONSTITUENCY,BANGALORE.
52 M.V. NAGARAJU, AGE: MAJOR,
NELAMANGALA CONSTITUENCY,NO.2/117, 7TH MAIN, B.T.M. 3RD STAGE,BANGALORE 560029
53 CHIKKANNA, AGE: MAJOR,BICHANAHALLI, H.D. KOTE,TALUK, H.D. KOTE.
54 SURESH GOWDA, AGE: MAJOR,NO.880/1, NEW THIPPASANDRA,HAL 3RD STAGE, BANGALORE-570075
55 Y.N. RUDRESH GOWDA, AGE: MAJOR,CHIKANAHALLI ESTATE,BELUR TALUK, HASSAN DISTRICT.
56 SHIVARAJA THANGADAGI, AGE: MAJOR,MINISTER FOR AGRICULTURAL MARKETING &SUGAR, ROOM NO.201, 2ND FLOORVIDHANA SOUDHA, BANGLAORE.560001
57 GOOLIHATTI D SHEKAR, AGE: MAJOR,TEXTILE & YOUTH SERIVICE & SPORTS,ROOM NO.243/241, 2ND FLOOR, VIDHANASOUDHA, BANGALORE-560001
46
58 P.M. NARENDRA SWAMY, AGE: MAJOR,MINISTER FOR WOMEN AND CHILD DEVELOPMENTROOM NO.243, 2ND FLOOR, VIKASA SOUDHA,BANGALORE 560001
59 AMETHAPPA KANDAKOORA, AGE: MAJOR,GULBARGA CONSTITUENCY,SHAHAPURA.
60 R.V. VENKATESH, AGE: MAJOR,NO.34, CLALRKTOWN, C STREET,K. KAMARAJA ROAD, BANGALORE.560001
61 N. SHANKRAPPA, AGE: MAJOR,OPP. RAGHAVENDRA VIDHYARTHI NILAYA,MANIKPRABHU TEMPLE ROAD,RAICHUR.
62 S.G. MEDAPPA, AGE: MAJOR,DHANALAKSHMI NILAYA,SHANTHAHALLI VILLAGE & POST,SOMAVARAPETE TALUK,KODAGU DISTRICT.
63 VISHWANATHA, AGE: MAJOR,CHANDRASHEKARA MAMANI,MATRU CHAYA,RAMAPURA SITA,SAVADATHI.
64 SURESHGOWDA B PATIL, AGE: MAJOR,C/O B.D. PATIL & SONS,APMC YARD, BYADAGI,HAVERI DISTRICT- 581106
65 S.R. VISHWANATH, AGE: MAJOR,NO.14, SINGANAYAKANAHALLI POST,YELAHANKA HOBLI, BANGALORE NORTH,BANGALORE 560064
47
66 J. NARASIMHASWAMY, AGE: MAJOR,1/471, 1ST MAIN, NGEF LAYOUT,SANJAYANAGARA, BANGALORE-560094
67 BHARATHI SHETTY, AGE: MAJOR,RAGHAVENDRA LAYOUT,SORABHA-577429, SORABHA TALUK,SHIMOGA DISTRICT,KARNATAKA
... RESPONDENTS
(By Sri : K N PUTTEGOWDA, ADV. FOR R3;SRI.K.CHANDRAMOHAN, ADV. FOR R-7;SRI.T.ASWATH REDDY, ADV. FOR R-8;SRI.G.M.CHANDRASHEKAR, ADV. FOR R-9;SRI.DIWAKAR & ASSOCIATES FOR R-25 & 30;SRI.C.G.GOPALASWAMY, ADV. FOR R-35;SRI.M.V.HIREMATH, ADV. FOR R-47, 52 & 64;SRI.B.RUDRAGOWDA, ADV. FOR R-46 & 20;SRI.A.G.SHIVANNA, ADV. FOR R-55;M/S HOLLA & HOLLA FOR R-56;SRI.B.N.SHETTY, ADV. FOR R-57;SRI.M.N.NEHRU, ADV. FOR R-58;SRI.H.KANTHARAJU, ADV. FOR R-59; SRI.DHANAJAYA ASSOCIATES FOR R-60;SRI.S.A.KHADRI, ADV. FOR R-66;SRI.SATISH M.DODDAMANI, ADV. FOR R-22;SRI.G.D.ASWATHANARAYANA, ADV. FOR R-50;SRI.D.R.ANANDEESHWAR, ADV. FOR R-61;SRI.L.M.CHIDNANDAIAH, ADV. FOR R-51;SRINIVAS & BADRI ASSTS FOR R-31;SRI.H.SHANTHI BHUSHAN, ADV. FOR R-51;DIWAKAR & ASSOCIATES FOR R-32;DHARMASHREE ASSOCIATES FOR R-43;REUBEN JACOB FOR R-46;SRI.S.PRAKASH SHETTY, ADV. FOR R-44;SRI.K.M.NATARAJ, AAG A/W INDRESH, AGA FOR R1 & R2;R-4, 5, 6, 10 TO 14, 16 TO 19, 21, 23, 24, 26 TO 29, 33,34, 36 TO 42, 45, 48, 49, 53, 54, 62, 63, 65, 67 ARESERVED )
48
W.P.NO.36275/09 IS FILED UNDER ARTICLES 226 &227 OF THE CONSTITUTION OF INDIA PRAYING TO;-QUASH THE ANN-A STATEMENT SHOWING THE LIST OFMLA'S & MLC'S IN FAVOUR OF WHOM GOVT. HAVE ISSUEDDIRECTION TO ALLOT STRAY SITES UNDER 'G' CATEGORYVIDE GOVT. ORDER DT.28.2.09.
THESE PETITIONS COMING ON FOR HEARING THISDAY, MANJUNATH J, DELIVERED THE FOLLOWING:
ORDER
Writ Petition Nos.23475/10 and 36275/09 are filed by
one Vasudev, a member of this bar challenging the action of
the Government and the BDA in allotting several sites under
the guise of allotment of stray sites under ‘G’ category to
various persons. W.P.No.1032/06 is filed by the District
Ryots Horata Samithi of Gulbarga represented by its
President. The prayer in all these petitions are one and the
same. The prayer of the petitioners is to declare Rule 5 of
the BDA (Allotment of Sites) Rules 84 framed under the BDA
Act 1976 empowering the BDA to dispose of the stray sites
in accordance with the guidelines issued by the Government
as arbitrary and to cancel the allotment made in favour of
the respondents/allottees.
49
2. It is the specific case of the petitioner that based on
the application filed by individuals or on the
recommendation of Ministers or MLAs, the Chief Ministers
have issued directions to the BDA to allot sites to such
persons under ‘G’ category and BDA without following the
norms has allotted the sites to ineligible persons and
therefore they request the court to declare the allotment of
stray sites as bad in law, consequently to cancel the
allotment made in favour of all the allottees/respondents.
3. In order to appreciate the facts of the case, it would be
proper for us to quote Rule 5 of the BDA Allotment Rules,
which reads as hereunder:
“5. Allotment of stray sites: The BangaloreDevelopment Authority shall dispose of the stray sitesin accordance with the guidelines issued byGovernment.”
4. Based on the aforesaid Rules, guidelines were framed by
the Government and the said guidelines are revised from
time to time. The guidelines issued by the Govt. as per the
Circular dt.6.8.1997 reads as hereunder:
50
“CIRCULAR UNDER BANGALORE DEVELOPMENTAUTHORITY(ALLOTMENT OF SITES) RULES 1984
CIRCULAR
NO.UDD 129 MINJ 97, Bangalore dt.6th August, 1997
Subject: Revised Guidelines for allotment of stray sitesby the Bangalore Development Authority.
Reference: 1. Circular No.HUD 616 MNX 89, dated 18th
September, 1989, 23rd September, 1989 and 17th October1992.
In supersession of all the orders issued regarding
allotment of stray sites the following revised guidelines for
disposal of stray sites are issued as provided under Rule 5 of
the Bangalore Development Authority (Allotment of Sites)
Rules, 1984.
Sl.No.
Cate-gory
DESCRIPTION PERCENT-AGE
1. A Disposal by Auction 302. B Persons who have won special recognition in
the field of sports at Intentional/Nationallevels persons of Karnataka Domicile
15
3. C Persons who have won special recognition inthe fields of Arts, Science, Literature,Education, Medicine and Public Administrationat the National/International levels.
10
4. D Ex-Military Personnel, Military Personnel,persons of Karnataka domicile
5
5. E Freedom Fighters who are residents ofBangalore for a period of not less than 10years
5
6. F Dependents of Karnataka GovernmentServants when the latter dies during theperformance of his/her duty
5
7. G Persons in public life as may be directed
by Government
30
51
2. Category ‘C’ besides Arts etc., it includes Painting,
Sculpture, Music, Dance, Drama, Films, etc.
3. In the case of allotment of stray site to individuals, a
stray sites shall be allotted to a personal only if;
(i) he is not a minor;
(ii) he is domiciled in Karnataka for not less than 10
years immediately prior to the date of his
application.
(iii) He or any member of his family does not own a site
or a house in Bangalore Metropolitan Area and has
not been allotted a site or a house by the Bangalore
Development Authority or by any other Authority
within the Bangalore Metropolitan Area; and
(iv) He satisfied the Authority that he or she is in a
reasonable position to put up a residential house or
other building on the site allotted within a period of
three years from the date of handing over
possession of the site in question.
4. The requirement of 10 years domicile may be relaxed:
(i) in case of persons who are domiciled in the State of
Karnataka but are in the Armed Forces of the Union
and serving outside the State of Karnataka
(ii) in the case of persons who are domiciled in the
State of Karnataka but have gone outside the State
for employment/business, studies or training and
who bona fide intend to reside in the Bangalore
Metropolitan area; and
52
(iii) with the prior permission of the State Government
in the case of persons under Categories ‘B’ and ‘C’ in
para 1 above.
5. The stray sites may be allotted by a Committee
consisting of the Chairman, Bangalore Development
Authority, Commissioner, BDA, Commissioner,
Bangalore City Corporation, and two other members of
the Authority. The allotment shall be subject to final
approval of the Authority.
6. The selling price of the stray sites shall be fixed at
10% above the current allotment rates of the
Bangalore Development Authority under its normal
rules. The list of stray sites available shall be complied
by the Secretary, Bangalore Development Authority
layout wise and dimension wise and got it approved by
the Authority, at least once in a year.”
5. Relying upon this circular, the Hon. Chief Ministers
have issued directions to the Bangalore Development
Authority to allot sites to several persons as and when the
applications were received by them and based on the
direction issued by the Government, BDA has allotted the
sites to the respondents.
53
6. Contending that the allotment made in favour of the
respondents by the BDA on the directions of the
Government is bad in law and that most of the respondents
were not entitled for allotment of sites under ‘G’ category
and that BDA has allotted the regular sites even though no
stray sites were available for allotment, these petitions are
filed.
7. In order to appreciate whether the stray sites has been
allotted under ‘G’ category as per the Circular dt.6th August
1997, it would be relevant for us to quote the definition of
stray sites as defined under Rule 2 (j) of the BDA (Allotment
of Sites) Rules 1984:
“2(j) Stray Sites: means a site which was once
allotted but subsequently the allotment was either
cancelled by the Authority or surrendered by the
allottee or a site which has been formed on account of
readjustment in the plan subsequent to the issue of
notification inviting applications for allotment of sites.”
8. From this it is clear that even if the circular
dt.6.8.1997 is held to be a valid, Government can issue
direction to the BDA to allot stray sites only. Out of the
54
total number of stray sites available as per the circular, 30%
of the sites are to be disposed of by way of public auction,
15% of sites to B category persons who have won special
recognition in the field of sports at International/National
levels persons of Karnataka Domicile (Emphasis is
supplied by us), 10% of C category sites to the persons
who have won special recognition in the field of Arts,
Science, Literature, Education, Medicine and Public
Administration at the National/International levels. 5% of
the stray sites shall be allotted to D category, viz., to the
Ex.Military personnel, Military personnel, persons of
Karnataka domicile (emphasis supplied by us), 5% to the
persons falls under E category, i.e., Freedom fighters who
are residents of Bangalore for a period of not less than 10
years. 5% of stray sites shall be allotted under F category,
i.e., to the dependents of Karnataka Government Servants
when he later dies during the performance of his/her duty.
The remaining 30% can be allotted under G category to the
persons in public life as may be directed by the Government.
55
9. In regard to the allotment of C Category sites are
concerned, personalities who have been recognised in the
field of Painting, Sculpture, Music, Dance, Drama and Films,
etc. are also included. For allotment of a stray site, an
allottee shall not be a minor, he shall be a domicile in
Karnataka for not less than 10 years immediately prior to
the filing of an application and such person or his family
members does not own a site or a house in Bangalore
Metropolitan Area and has not been allotted a site or a
house by the BDA or by any other authority within the
Bangalore Metropolitan Area and that a person shall also
satisfy the authority that he or she in a reasonable position
to put up a residential house or other building on the site
allotted within a period of 3 years from the date of handing
over of the sites in question.
10. Clause(4) of the Circular deals with the
requirement of relaxation of 10 years domicile in regard to
the persons who are working in Armed Forces of the Union
and serving outside the State of Karnataka who have gone
outside the State for employment or business or training,
56
etc, a stray site cannot be allotted directly by the
Government or Commissioner or Chairman of BDA. As per
the circular, a Committee has to be constituted under the
Chairmanship of the BDA Commissioner and two other
members of the BDA and that the allotment shall be subject
to final approval of the authority.
11. In regard to the cost of allotment of a stray site,
the allottee shall pay 10% above the current allotment rate
of BDA under its Rules and any person satisfy the aforesaid
conditions, the Committee shall consider the application for
allotment of a stray site. A similar question arose in regard
to the right of the Government in issuing directions to the
BDA for allotment of stray sites exercising its power u/s 65
of the BDA Act. A learned Single Judge of this court in the
case of K.RAJU VS. BANGALORE DEVELOPMENT AUTHORITY
(ILR KAR 2011(1) PAGE 120) has declared that Government
has no power or authority under the provisions of the BDA
Act 1976 and the Rules made thereunder to direct the BDA
to allot a stray site to any person under G category as per
circular dt.6.8.1997. He further declared that the conditions
57
contained in Rule 7 and 13 of the BDA (Allotment of Sites)
Rules 1984 are also applicable to the sites allotted by the
BDA under Rule 5 of the BDA (Allotment of Sites) Rules,
1984, concerning the allotment of stray sites.
12. The order of the learned Single Judge has become final
because the Government has not challenged the same. It
may be relevant to state that challenging the order of the
learned Single Judge, the BDA had filed an appeal before
this court in Writ Appeal No.5662/11. We have dismissed
the above appeal as not maintainable because the subject
matter of the Writ Petition was in regard to the propriety or
power of the Government in issuing a direction u/s 65 of the
BDA Act to allot stray sites under G category. Therefore
the order of the learned Single Judge has become final.
13. Sri.K.M.Nataraj, Additional Advocate General
made a submission that Government has accepted the
Judgment of the learned Single Judge and has no intention
to issue any direction or allot sites under G Category till
proper legislation is brought in. Therefore, there is no
necessity for us to consider the prayer of the Writ Petitioners
58
in regard to the challenge made by the petitioners, the right
of the Government in issuing direction to the BDA to allot
the stray sites under Rule 5 under G Category as the same
has become final and the same is binding on all the parties.
14. The Government has produced the records and the list
of allottees and also produced the records to show the
manner in which the applications filed by each of the
allottees are processed and also the manner in which the
directions are issued by the Government to the BDA and the
procedure followed by the BDA in allotting the sites pursuant
to the action of the Government.
15. On perusal of the records, it is clear that even if we
hold that Circular dt.6.8.1997 is binding on all the parties,
still this court has to hold that circular dt.6.8.1997 has not
been followed while allotting the stray sites to any one of
these allottees because at the first instance, BDA has not
identified the stray sites available for allotment, in each of
the layouts formed by it and out of the stray sites available
BDA has to dispose of 30% of the sites by way of auction,
15% to the persons who fall under B category, 10% under
59
C category, 5% each in D, E and F category and only 30% of
the stray sites can be allotted to person falls under G
category. In addition to that even if Government has
directed for allotment of a stray sites under G Category, the
Commissioner or the Chairman cannot straightaway
implement the direction without considering the applications
of such persons by a Committee consisting of the Chairman,
BDA, Commissioner and two other members of the BDA.
16. It is fairly admitted by the learned Addl. Advocate
General and the Advocate for the BDA that such procedure
is not followed in any of the allotments. Therefore, it is
clear that the allotments made in favour of the respondents
are not even according to the circular dt.6.8.1997. In
addition to that as per the Circular, the Government can
issue a direction to the BDA to allot sites under G Category
to the persons who are in public life.
17. The word `Public life’ is not defined either under the
BDA Act or under the Rules for allotment of the sites. In the
absence of any definition to the word, ‘persons in public life’,
60
this court can only say that the word, persons in public life
shall be considered as such of those persons having to do
with the public or available to the people as a whole and are
those involved in the affairs of the community.
18. Be that as it may, when the circular is not followed by
the Government and BDA in allotting the sites, when no
documents are placed before the court to show the sites
allotted to these allottees had fallen under the category of
stray sites, this court has to hold that the allotment made to
all these respondents as bad in law.
19. At this juncture, the learned counsel appearing for the
respondents – allottees and the learned Addl. Advocate
General submitted that considering that most of the
respondents – allottees were otherwise eligible for
allotment, if they had filed an application under a regular
allotment proceedings and as most of them have
constructed the buildings and some of them have parted
with the possession by alienating the property, they plead
equity in order to save the sites allotted to the persons who
61
are really eligible relying upon rulings of the Hon’ble
Supreme Court.
20. Mr. Vasudev, the Writ Petitioner is also of the view
that in the back drop of illegal allotments made in favour of
the respondents, if there are any eligible applicants for
allotment and if they satisfy the eligibility conditions of
allotment of sites under the BDA Act, such cases may be
considered and he has no objections to consider the request
of the allottees.
21. The learned counsel appearing for the respondents as
well as the petitioners relying upon the Judgement of the
Punjab and Haryana High Court in ANIL SABHARWAL VS.
STATE OF HARYANA AND OTHERS (21.03.1997-PHHC) and
also the Judgment of the Hon’ble Apex court in HARISH
DHINGRA VS. STATE OF HARYANA reported in AIR 2001 SC
3795, submit that a Committee may be constituted to
examine each and every application filed by the
respondents/allottees to find out whether the respondents
are eligible for allotment and if they are otherwise eligible,
to save their allotment as per the direction issued by the
62
Supreme Court and also of the Punjab and Haryana High
Court in the aforesaid cases.
22. The learned counsel for the respondents-allottees
submit that many of the respondents have already
constructed buildings and some of the buildings are under
construction and some of them have also parted with sites
by alienating the same for their financial difficulties. In
regard to these categories of site allotment, court may also
give suitable direction, the manner in which such allotment
can be saved if permissible pursuant to the directions issued
in the case of ANIL SABHARWAL.
23. We have seen the records produced by the Govt.
Advocate. On perusal of the records we notice that the sites
have been allotted right from 1997 upto 2011. On perusal
of the entire list upto 2011, pursuant to the Government
circular dt.6.8.1997 in all 1128 sites have been allotted of
different dimensions to different persons, considering the
occupation and avocation of the allottees. We also notice
that sites have been allotted to MLAs, MPs, MLCs. former
MLAs. former MLC and former MPs. Former Ministers, Sport
63
personalities, Cine actresses, Freedom Fighters, aged
persons suffering from various ailments, widows, persons
working in Chief Minister’s office and in different
Government offices and defence personnel. As could be seen
from the list, people from all walks of life have been
benefited by such allotments. From these documents, it is
not possible for us to find out and to examine the case of
each and every respondents in detail whether these persons
are eligible for allotment if they had made an application
under the regular allotment pursuant to the notification
issued by the BDA.
24. The facts involved in Anil Sabharwal’s and the facts
involved in the present writ petitions are similar to each
other. The Chief Minister of Haryana had allotted plots to
several VIPs under the category known as `Distinguished
and needy people’. The Rules regarding allotment of sites
under G-category under the BDA Act and Rules and rules
framed by the Haryana Urban Development Authority, are
almost similar in nature. Full Bench in Anil Sabharwal’s case
has declared allotment made by the Chief Minister as vague,
64
arbitrary and violative of Art.14 of the Constitution and
further ruled that the allotment of residential sites made
under the discretionary quota of the Chief Minister on or
after 31.10.1989 has declared illegal and quashed subject to
certain conditions. Full Bench of Punjab and Haryana High
Court by constituting a committee to consider each and
every application find out how such allotments could be
saved based on various criteria and which sites can be
forfeited.
25. Counsel appearing for the petitioner as well as the
respondents including Addl. Advocate General submits that
in the larger interest of the allottees as many of them were
eligible for allotment since they had no sites or house of
their own and if they had made any application for allotment
of site before the BDA under different category, they were
entitled for allotment and such allottees can be saved if their
cases are examined separately. They further submit that
some of the allottees have already constructed house by
spending huge amount and if such allottees are not eligible
for allotment under regular allotment Rules of BDA, if such
65
sites are to be forfeited they would be put to untold hardship
and great injustice would be caused as they have proceeded
on the premise that the allotment made by the Chief
Minister was in accordance with law and similarly some of
the allottees for their legal necessities have sold the sites
allotted to them and many of the purchasers have
constructed buildings by investing lot of money and that
some of the purchasers in turn have further alienated such
sites and subsequent purchasers will be put to untold
hardship in such circumstances. Therefore they submit that
such allotment can also be saved penalizing for their
bonafide act by calling upon the allottees or the subsequent
purchasers to pay the double value of the guide-lines fixed
for the registration of sites in that particular area after
giving deductions to the amount already paid towards the
value of the site allotted to them and if such procedure is
evaluated, hardship can be mitigated as the allottees or the
subsequent purchasers were not aware of the Rules and
allotment of sites under G-category has been made by
several Chief Ministers right from 1997 and they further
submit that if a person is not eligible for allotment and if no
66
construction is made or sold, such sites may be resumed by
returning the sital value deposited by such allottees. With
the above suggestion they request the court to consider the
case of each of the respondents/allottees.
26. Having heard the counsel for the parties and
considering the avocation of various allottees, we have
noticed that people from all walks of life are the beneficiaries
not only political figures but also public servants and
constitutional appointees are the beneficiaries of such sites
and even some of the aged persons and ailing persons have
been allotted sites. Many Government servants working
under State and Union Government are the beneficiaries and
some of them are working in different places and such
people are also entitled for allotment if they had made an
application provided they satisfy allotment rules of BDA.
27. In this background, having held that the allotment
made by the State of Karnataka and BDA allotting sites
under G-category as violative of BDA Act and Rules and are
required to be quashed by allowing the writ petition,
considering the judgment in Anil Sabharwal’s case and the
67
judgment of the Hon’ble Supreme Court in Harish Dhingra’s
case, we direct the State of Karnataka to constitute a
committee to examine and scrutinize all the applications of
the respondents/allottees and to find out whether they were
eligible for allotment of sites under the General Category as
per BDA Act and Rules provided they fulfil the eligibility
criteria and if any illegal allotments are made and if the
allottees have already put up constructions or sold the
property to collect double value of the guide-line value fixed
for the purpose of registration of sites as on the date of
allotment in the particular layout where the site is allotted
excluding the amount already paid by the allottees and to
recommend to the BDA to resume sites where an allottee is
not otherwise eligible for allotment on account of his non-
fulfillment of eligibility criteria under the allotment rules and
to resume the same.
28. Accordingly, these petitions are allowed in part with
the following directions:
i) It is declared that the sites allotted to the
respondents/allottees pursuant to the directions
68
issued by the State Government under G-
Category is held to be illegal, arbitrary and
violative of Art.14 of the Constitution holding that
issuing direction by the Government exercising
powers under Sec.65 of BDA Act and to allot G-
category sites;
ii) A direction is issued to the Government to
constitute a committee of three members out of
two shall be retired Hon’ble Judges of this court
and one shall be from the cadre of retired Chief
Secretary of the State of Karnataka;
iii) Government and BDA shall provide all
infrastructure to the committee;
iv) Government and BDA are directed to place all the
applications submitted by each of the
respondents/allottees;
v) Committee shall scrutinize each and every
application filed by the respective allottees in
order to find out whether such allottees were
eligible for allotment of sites under BDA Act and
69
Rules considering them as general merit
applicants;
vi) If the committee is of the opinion that allottees
who satisfy the eligibility criteria of the sites to be
allotted by the BDA under general allotment
rules, such allotments are saved;
vii) If the committee is of the opinion that any
allottee was ineligible for allotment and if such
allottee has constructed the building or sold the
property to a third party under registered
document, in such circumstances the committee
shall recommend to the BDA and to the
Government to recover double the value of the
amount fixed as per the guide-line value for the
purpose of registration of such site in that
particular layout as on the date of allotment
excluding the sital value deposited by the
allottees. If the allottees were not eligible and if
no construction is made by such allottees,
Committee shall recommend for resuming the
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sites. Based on the recommendation of the
Committee BDA shall pass appropriate order in
each and every case and if the allotment made to
the allottees are saved subject to the fulfillment
of the aforesaid condition, BDA shall impose the
condition on the allottees or subsequent
purchasers not to alienate the property/sites for a
period of 10 years from the date of respective
allotment.
viii) Committee is requested to examine all the
applications and to make its recommendation
within a period of three months from the date of
providing all the infrastructure and documents by
the BDA and the Government;
ix) Till committee submits its report and cases are
considered by the BDA thereafter no further
construction shall be undertaken either by the
allottees or by the purchasers;
x) Government shall not allot any sites under G-
category and liberty is reserved to the
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Government to frame appropriate Rules in
accordance with law.
xi) Two weeks time is granted to the Government to
constitute a committee from the date of receipt of
this order.
Sd/- JUDGE
Sd/- JUDGE
R/Ak/dh