IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO. 17937 OF 2018 (LA-BDA) BETWEEN:
SMT. ANURADHA G PRABHU W/O. G. ANANTHARAYA PRABHU, AGED ABOUT 53 YEARS, R/AT: NO.155, GURURAJA KRUPA, AMCO LAYOUT, 3RD MAIN, KODIGENAHALLI, SAHAKARNAGARA, BANGALORE - 560092.
… PETITIONER (BY SRI. H C SUNDARESH, ADVOCATE) AND:
1. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA KRUPA WEST, BANGALORE- 560020.
2. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA KRUPA WEST, BANGALORE - 560020.
3. ASSISTANT EXECUTIVE ENGINEER BANGALORE DEVELOPMENT AUTHORITY, WEST DIVISION - 2, T. CHOWDAIAH ROAD, KUMARA KRUPA WEST, BANGALORE - 560020.
… RESPONDENTS (BY SRI. B S SACHIN, ADVOCATE FOR R2;
SRI. K KRISHNA, ADVOCATE FOR R1 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 06.05.2017 AND 23.08.2017 VIDE ANNX-G & H RESPECTIVELY FOR ALLOTMENT OF ALTERNATIVE SITE BEARING NO.1592, MEASURING 30X40, SITUATED AT 2ND BLOCK, BANASHANKARI 6TH STAGE, BENGALURU AS PER THE CD REPORT FURNISHED BY THE ASSISTANT EXECUTIVE ENGINEER, BDA VIDE ANNX-E AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The short grievance of the petitioner who claims to have lost land in BDA acquisition is against non- consideration of his representations dated 23.08.2017 at Annexure-H and 06.05.2017 at Annexure-G wherein she has sought for grant of an alternate site in lieu of compensation for the site in question.
2. Learned Senior Panel Counsel Sri. B.S.Sachin, appearing for the respondents fairly submits that the prayer of the petitioner is innocuous and that there would be no much defect in granting the said prayer provided that the petitioner cooperates by furnishing necessary information or documents for due consideration of her representation subject to a reasonable period being prescribed by this Court.
3. In view of the above, this writ petition succeeds; a Writ of Mandamus issues to respondent Nos. 1 to 3 to consider petitioner’s representations dated 06.05.2017 and 23.08.2017 respectively at Annexures G and H within an outer limit of three months, in accordance with law and, further to inform the petitioner the result of such consideration forthwith.
It is open to the respondents to solicit any further information or any relevant documents required for due consideration of the said representations subject to the rider that no delay would be brooked in that guise.
No costs.
Sd/- JUDGE Bsv