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2019 DIGILAW 1488 (KAR)

G. A. Sivakumar v. Bangalore Development Authority

2019-07-01

S.SUJATHA

body2019
JUDGMENT : S. SUJATHA, J. 1. The petitioners have sought for a direction to the respondent to provide basic facilities and amenities such as Road, Electric Lines, Sewage and Water connections to the property in question by fixing appropriate boundaries to the respective sites of the petitioners in terms of the registered sale deeds. 2. The petitioners are claiming to be the absolute owners of the sites bearing Nos.60, 64 and 72 situated at BTM Layout, I Phase, I Stage, forming part of land bearing Sy.Nos.50, 51 and 52 of Tavarekere village, measuring 154.02 sq. mtrs., 139.53 sq. mtrs. and 114.37 sq. mtrs. respectively. 3. The respondent - Bangalore Development Authority (BDA) has filed the statement of objections and the relevant paragraphs are quoted hereunder for ready reference:- 4. It is submitted that in respect of the roads and under ground drainages are concerned, the BDA has formed the roads Under Ground Drainages in the layout formed. In the above lands of Sy.No.50, 51 and 52 of Tavarekere Village. Photographs showing the present status of the area in question is produced at Annexure-R1. BDA has deposited the amount with the BWSSB in the year 2003 itself as per the estimation provided by the BWSSB for providing water supply pipelines and sewage facilities to the BTM Layout. BWSSB has laid down the pipeline in respect of the Sites formed in Sy.No.51 and 52 and in respect of Sy.No.50 is concerned pipeline was laid down except a portion of the area. The laying of pipeline work was stopped due to the aforesaid litigations. In view of the disposal of the above litigations, BDA has requested the BWSSB to complete the work. 5. In respect of the Electricity connection concerned, BDA has made required application to the BESCOM to provide electricity connection to the said BTM Layout area. Electricity connection to the sites formed in Sy.No.51 and 52 are completed and due to the pending litigation, the work of Sy.No.50 was stopped. Now after disposal of the litigation, BDA has requested the BESCOM to complete the work and are in the process of preparation of estimation and inviting tender work." 4. Electricity connection to the sites formed in Sy.No.51 and 52 are completed and due to the pending litigation, the work of Sy.No.50 was stopped. Now after disposal of the litigation, BDA has requested the BESCOM to complete the work and are in the process of preparation of estimation and inviting tender work." 4. It is discernable that the land owners and the legal heirs of the land owners filed several suits, writ petitions challenging the acquisition proceedings relating to the Sy.No.50 of Tavarekere Village and the litigation has reached the Hon'ble Apex Court in SLP Nos.20190-191/2007 and thereafter BDA has withdrawn the said SLP. The auction purchaser and the NAL Society had also filed SLP numbered as Civil Appeal Nos.9792-9793/2017 against the order passed in W.A.No.936/2007. The Hon'ble Apex Court by the judgment dated 09.08.2017 has allowed those appeals setting aside the judgment passed in W.A.No.936/2017 as well as the judgment passed in W.P.No.13404/2005 upholding the acquisition and taking possession of the land in question. 5. In view of the aforesaid litigations having reached finality, it is submitted that the BDA has formed the roads and has deposited the amount with the BWSSB to laydown pipelines in respect of the layout formed in the Sy.Nos.50, 51 and 52 of the Tavarekere Village and further requested the BESCOM to complete the work. It is thus apparent that the layout work is under progress in terms of the submissions made by the BDA. Since the grievance of the petitioners is already addressed by the BDA as aforesaid, no further directions as sought for, are required. Hence, the writ petitions stand disposed of.