IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.17796 OF 2019 (LA-BDA) BETWEEN:
1. M/S DHRUVABERA DEVELOPERS PVT LTD., A COMPANY DULY INCORPORATED UNDER THE INDIAN COMPANIES ACT 1956, HAVING ITS OFFICE AT NO.1135, 1ST FLOOR, MIG II STAGE, 16TH B CROSS, NEAR YELAHANKA NEW TOWN BUS STAND, YELAHANKA NEW TOWN, BANGALORE-560 064.
PETITIONER NO.1 REPRESENTED BY ITS GPA HOLDER O.REDDAPPA REDDY 2. M/S OBEL DEVELOPERS PVT LTD., A COMPANY HAVING ITS OFFICE AT NO.A-403, SAI SRI FORTUNE HOMES, MALLAPA LAYOUT, BABUSA PALYA, BANGALORE-560 043.
REP BY ITS MANAGING DIRECTOR MR.O.REDDAPPA REDDY. ... PETITIONERS (BY SRI MALLIKARJUN REDDY K .S., ADV.) AND:
1. STATE OF KARNATAKA, REP BY ITS CHIEF SECRETARY, DR. AMBEDKAR VEEDHI, VIDHANA SOUDHA, BANGALORE-560 001.
2. THE BDA, REPRESENTED BY ITS COMMISSIONER, R.CHOWDAIAH ROAD, 5TH MAIN ROAD, KUMARA PARK WEST, GUTTAHALLI, BANGALORE-560 O20.
3. THE SPECIAL LAND ACQUISITION OFFICER BDA, R.CHOWDAIAH ROAD, 5TH MAIN ROAD, KUMARA PARK WEST, GUTTAHALLI, BANGALORE-560 020.
4. HANUMANTHARAYAPPA, AGED ABOUT 71 YEARS, S/O LATE MARIYAPPA, RESIDING AT AVALAHALLI VILLAGE, YELAHANKA HOBLI, BANGALORE NORTH TALUK, BANGALORE.
5. SMT. JAYAMMA AGED ABOUT 68 YEARS, FOSTERED DAUGHTER OF LATE RAMAKKA, RESIDING AT AVALAHALLI VILLAGE, YELAHANKA HOBLI, BANGALORE NORTH TALUK BANGALORE-64. ... RESPONDENTS (BY SRI E.S.INDIRESH, AGA. FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO CONSIDER THE REPRESENTATION DATED 06.12.2018 SEEKING PROPORTIONATE COMPENSATION AMOUNT FOR THE ACQUISITION OF THE SCHEDULE PROPERTY FOR THE FORMATION OF DR.SHIVARAMA KARANTHA LAYOUT, BANGALORE PRODUCED AT ANNX-A.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.Mallikarjun Reddy, learned counsel for the petitioners.
Sri E.S.Indiresh, learned Additional Government Advocate for respondent No.1.
2. Petition is admitted for hearing. With consent of the parties, same is heard finally.
3. In this petition under Articles 226 & 227 of the Constitution of India, the petitioners inter alia seek a writ of mandamus directing respondent No.3 to consider the representation – Annexure-A dated 06.12.2018 seeking proportionate compensation amount for the acquisition of the schedule property for the formation of Dr.Shivarama Karantha Layout, Bangalore.
4. When the matter was taken up today, learned counsel for the petitioners submitted that the writ petition may be disposed of with a direction to the respondent No.3 to consider the representation dated 06.12.2018 submitted by the petitioners in accordance with law.
5. In view of the submission made and in the facts of the case, the writ petition is disposed of with a direction to the competent authority to consider and decide the representation submitted by the petitioners, if not already decided, in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today.
6. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE PKS