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

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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,

17

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