Muniyappa Son Of Munihanumiah & Others vs State Of Karnataka Department Of Housing And Urban Development Vidhana Soudha Represented By Its Secretary & Others

Ravi V Hosmani, J

Learned counsel for petitioners submitted that on 29.08.2023 this Court taking note of order passed in W.P.no.28814-40834/2015 filed by petitioner no.1 and his brother holding that scheme had lapsed in terms of Section 27 of BDA Act insofar as petitioners lands, and recommendation by Justice A.V.Chandrashekar Committee for regularization, had granted an interim order directing respondent-BDA not to pull down structures insofar as properties in Table-A in paragraph 14 of writ petition.

Sri Jayakumar S. Patil, learned Senior counsel appearing for respondent BDA referring to statement of objections filed by BDA would submit that though Committee had earlier recommended for regularization of certain constructions put up by petitioners, after noting discrepancies insofar as certain items of properties had submitted "Thirtieth Report" for withdrawal of regularization to Hon'ble Supreme Court. Said Court, in its order dated 06.12.2022 had accepted Thirtieth Report and approved withdrawal of regularization granted in pursuance applications nos.JCC-04-6609, 6611 and 6615 respectively.

It was further submitted that as Hon'ble Supreme Court had accepted report insofar as all constructions within petition schedule properties. Thus as all petitioners' claims have been dealt with as stated in para 9 of Table contained in para 9 of statement of objections by Hon'ble Supreme Court. Therefore petitioners would be required to approach Hon'ble Supreme Court to seek any other indulgence insofar as properties wherein applications are rejected.

In response, learned counsel for petitioner submits that petitioner would approach Hon'ble Supreme Court and seeks interim protection and also for appropriate orders for protection of properties wherein orders for regularization were passed and certificates were granted.

In response, learned Senior Counsel would submit that in view of recommendation by Committee for regularization being accepted by Hon'ble Supreme Court and certificates being granted, apprehension of petitioner was ill-founded and no orders would be necessary.

In view of above submissions, following:

ORDER

Writ petition is disposed of reserving liberty to petitioners to approach Hon'ble Supreme Court.

Interim order granted earlier shall continue for a period of four weeks insofar as applications for regularization which are rejected.

In view of submission of learned Senior counsel for respondent BDA, no orders need to be passed insofar as other items at this stage.