IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 BEFORE THE HON'BLE MRS. JUSTICE S. SUJATHA WRIT PETITION NO.55217/2018 (LA-BDA) BETWEEN:
SMT ARUNA KUMARI H W/O S N PRADEEP KUMAR AGED 54 YEARS, R/O NO 1355 11TH MAIN ROAD, VIJAYANAGAR BANGALORE – 560 040 … PETITIONER (BY SRI. MAHESH R. UPPIN, ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT VIDHANA SOUDHA BENGALURU – 560 001 2. THE BANGALORE DEVELOPMENT AUTHORITY KUMARA KRUPA WEST T CHOWDAIAH ROAD BANGALORE – 560 020 BY ITS COMMISSIONER 3. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY KUMARA KRUPA WEST T CHOWDAIAH ROAD BANGALORE – 560 020 … RESPONDENTS (BY SRI. B. J. ESHWARAPPA, ADV. FOR R1;
SRI. PUSHPAKANTHA, ADV. FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESONDENTS TO CONSIDER THE REPRESENTATION DTD:30.7.2015 MADE BY THE PETITIONER MARKED AS ANNEXURE-C FOR GRANT OF ALTERNATIVE SITE IN LIEU OF ACQUISITION OF THE SITE OF THE PETITIONER.
THIS WRIT PETITION COMING ON FOR PRILIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner has sought for a direction to the respondents to consider the representation dated 30.7.2015 made by the petitioner marked at Annexure-C for grant of an alternate site in lieu of acquisition of site of the petitioner.
2. The petitioner, who is claiming to be the absolute owner of the site bearing No.46 measuring 60 x 40 feet formed in Survey No.146/1 situated at Ullala Village Yeshwanthapura Hobli, Bangalore North Taluk, which has been acquired by the Bengaluru Development Authority for the formation of Sir M. Vishveshwarayya Layout, has filed an application for allotment of an alternate site.
3. It is submitted that pursuant to the directions issued by this Court in Writ Petition Nos.59477-481/2014 filed by the petitioner and others, a fresh representation was made by the petitioner to the Bengaluru Development Authority for allotment of an alternative site; the petitioner has submitted certain documents to the Bengaluru Development Authority to substantiate the claim of the petitioner. Despite the same, no further positive action has been taken. Hence, this Writ Petition.
4. In the circumstances, this court is of the considered opinion that the ends of justice would be sub served in directing the respondents to consider the representation dated 30.7.2015 made by the petitioner at Annexure-C to the Writ Petition in accordance with law, in an expedite manner, in any event, not later than six weeks from the date of receipt of the certified copy of this order.
Ordered accordingly.
Sd/- JUDGE PL*