National Technological Institutions Housing Co - Operative Society Ltd vs. Bengaluru Development Authority

ITEM NO.37 Court 3 (Video Conferencing) SECTION IV-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).15151-15166/2021

(Arising out of impugned final judgment and order dated 19-04-2021 in WA No. 744/2018 19-04-2021 in WA No. 745/2018 19-04-2021 in WA No. 746/2018 19-04-2021 in WA No. 747/2018 19-04-2021 in WA No. 748/2018 19-04-2021 in WA No. 749/2018 19-04-2021 in WA No. 750/2018 19-04-2021 in WA No. 751/2018 19-04-2021 in WA No. 752/2018 19-04-2021 in WA No. 753/2018 19-04-2021 in WA No. 754/2018 19-04-2021 in WA No. 755/2018 19-04-2021 in WA No. 756/2018 19-04-2021 in WA No. 757/2018 19-04-2021 in WA No. 758/2018 19-04-2021 in WA No. 759/2018 passed by the High Court Of Karnataka At Bengaluru)

CHINNA PAPAMMA & ORS. Petitioner(s)

VERSUS

THE STATE OF KARNATAKA & ORS. Respondent(s)

IA No. 13530/2022 - APPLICATION FOR PERMISSION)

WITH

Diary No(s). 22529/2021 (IV-A) (FOR ADMISSION and I.R. and IA No.134248/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.134246/2021-APPLICATION FOR SUBSTITUTION and IA No.134245/2021-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA No.134247/2021-CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN.)

SLP(C) No. 18310/2021 (IV-A) (FOR ADMISSION and I.R. IA No. 149810/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

SLP(C) No. 18871-18872/2021 (IV-A) (FOR ADMISSION and I.R. and IA No.147745/2021-EXEMPTION FROM FILING O.T. and IA No.147744/2021-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 147745/2021 - EXEMPTION FROM FILING O.T. IA No. 147744/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Signature Not Verified

SLP(C) No. 2231/2022 (IV-A) Digitally signed by NEETU KHAJURIA Date: 2022.04.02

(FOR ADMISSION and I.R. and IA No.21172/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) 13:19:52 IST Reason:

Date : 01-04-2022 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Mr. Basavaprabhu S. Patil, Sr. Adv. Mr. Anirudh Sanganeria, AOR Mr. S.N. Bhat, Adv. Mr. Prithveesh M.K., Adv. Mr. Nishanth Patil, AOR Mr. Jay Savla Sr. Adv. Mr. Manish Paliwal, Adv. Mr. Vikas Kumar, Adv. Mr. Sanjay Sethiya, Adv Ms. Parul Manral, Adv. M/S Corporate Legal Partners, AOR Mr. Amit Singh Chauhan, Adv Mr. Rajat Singh, AOR Mr. Amit Singh Chauhan, Adv Mr. Rishabh Saxena, Adv Ms. Aurica Bhattacharya, Adv Mr. Samarth Mohanty, Adv. Mr. Balaji Srinivasan, AOR For Respondent(s) Mr. K. M. Natraj, ASG Mr. S. K. Kulkarni, Adv Mr. M. Gireesh Kumar, Adv Mr. Ankur S. Kulkarni, AOR Ms. Uditha Chakravarthy, Adv Mr. Shubhranshu Padhi Adv. Mr. Ashish Yadav Adv. Mr. Rakshit Jain Adv Mr. Vishal Banshal Adv Mr. Shubhranshu Padhi, AOR Mr. Raghunatha Sethupathy, Adv. Ms. Priya. R, Adv. Mr. K. Paari Vendhan, AOR UPON hearing the counsel the Court made the following O R D E R SLP(C) No(s). 15151-15166/2021 We decline to interfere in these special leave petitions, in the fact situation of the present case. The special leave petitions are dismissed accordingly.

However, dismissal of these special leave petitions will not come in the way of petitioners to pursue remedy for recovery of compensation amount, if already not received. That claim be decided on its own merits and in accordance with law. We are not expressing any opinion in that regard.

Pending applications, if any, stand disposed of.

Diary No. 22529/2021

Permission to file special leave petition is granted.

The application for substitution is allowed after condoning the delay subject to just exceptions.

We decline to interfere in this special leave petition, in the fact situation of this case.

We agree with the High Court that declaration of acquisition proceedings had lapsed cannot be acceded to. The High Court was

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right in rejecting the prayer for such declaration.

The special leave petition is dismissed accordingly.

Pending applications, if any, stand disposed of.

SLP(C) No(s). 18310/2021

We decline to interfere in this Special Leave Petition.

We agree with the High Court that the declaration of acquisition proceedings had lapsed, cannot be acceded to. In the fact situation of the present case, the High Court was right in rejecting the reliefs claimed in the writ petition.

For, once declaration of lapsing is negatived, it must follow that no other relief as claimed in the writ petition can be taken forward at the instance of this petitioner(s).

We are not expressing any opinion either way on the merits of the claim in the pending suit. That be decided by the concerned court in accordance with law.

Hence, this special leave petition is dismissed.

Pending applications, if any, stand disposed of.

SLP(C) No(s). 18871-18872/2021

List these matters along with SLP(C) Nos. 30412-30417 of 2019 before the appropriate Bench.

SLP(C) No(s). 2231/2022

Learned counsel for the petitioner submits that the factual position in Writ Appeal No. 3324 of 2016 (LA-BDA) arising from W.P(C) No. 20141 of 2016 (LA-BDA), involved different fact situation.

From the impugned order, it appears that this factual position was not brought to the notice of the High Court by the learned counsel for the writ-petitioner.

In the circumstances, we grant liberty to the petitioner to approach the High Court and file review petition so that the fact situation involved in the writ petition filed by this petitioner is examined on its own merits.

We may not be understood to have expressed any opinion either way in that regard.

The special leave petition is dismissed accordingly.

Pending applications, if any, stand disposed of.

(NEETU KHAJURIA) COURT MASTER

(VIDYA NEGI) COURT MASTER