Vasantha Raghu vs. The State Of Karnataka Department Of Urban Development Represented By Its Principal Secretary

ITEM NO.31+51

COURT NO.4

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 18828/2023

(Arising out of impugned final judgment and order dated 30-06-2023 in WP No. 12644/2023 passed by the High Court Of Karnataka At Bengaluru)

M/S BCIL REALTY PVT LTD

Petitioner(s)

SECTION IV-A

VERSUS

BANGALORE DEVELOPMENT AUTHORITY & ORS. Respondent $(s)$

(FOR ADMISSION and IA No.171685/2023-EXEMPTION FROM FILING O.T.)

WITH

Diary No(s). 34447/2023

(FOR ADMISSION and I.R. and IA No.179373/2023-EXEMPTION FROM FILING $0.T.$ and $\mathbf{A}\mathbf{I}$ No.179372/2023-PERMISSION $\mathsf{T}\mathsf{O}$ FILE PETITION (SLP/TP/WP/..) and IA No.179374/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )

Date: 06-09-2023 This petition was called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

Date: 06-09-2023 This petition was called on for hearing today.

CORAM:

HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

For Petitioner(s)

Mr. Ashwin V. Kotemath, Adv. Mr. S. Nandakumar, Adv. Ms. Deepika Nandakumar, Adv. Mr. Maulshree Pathak, Adv. Mr. Harisha S.R., AOR

Mr. Naresh Kumar, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

1. Permission to file special leave petition is granted.

2. Learned Counsel for the petitioner submits that the petitioner's land was already de-notified by the Bangalore Development Authority vide endorsement being No. BDA/SLAO/LAC/186/02/2014-15 dated 05.04.2014, that is prior to the judgment of this Court in Bangalore Development Authority and Anr. Vs. State of Karnataka decided on 03.08.2018.

3. It is, therefore, submitted that the said judgment would not be applicable to the fact of the present petitioner's property.

4. In that view of the matter, issue notice.

5. In the meantime, there shall stay of the possession with regard to the suit property.

6. Tag with Diary No. 9330 of 2023.

(DEEPAK SINGH) (ANJU KAPOOR)

COURT MASTER (SH) COURT MASTER (NSH)

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