IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.35528/2018 (LA – BDA) BETWEEN :
JACOB KANTHARAJ S/O JOSEPH, AGED ABOUT 63 YEARS R/AT NO.78, KAMMANAHALLI, St. THOMAS TOWN POST, BANGALORE-560084 ...PETITIONER (BY SMT.SUMANGALA A. SWAMY, ADV.) AND :
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BANGALORE-560020 …RESPONDENT (BY SMT.M.V.THANUJA, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO ALLOT THE INCENTIVE SITE AS PER THE JUDGMENT RENDER IN BONDU RAMASWAMY VS. BANGALORE DEVELOPMENT AUTHORITY AND OTHERS (2010) 7 SUPREME COURT CASES 129, TO THE PETITIONER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has sought for the following reliefs:
1. Issue a writ of certiorari quashing the endorsement dated 11.2.2014 produced vide Annexure-J in the interest of justice.
2. Issue a writ of mandamus directing the respondent to allot the incentive site as per the judgment rendered in Bondu Ramaswamy Vs. Bangalore Development Authority and others (2010)7 SCC 129 to the petitioner in the interest of justice.”
2. Learned counsel for the BDA has filed the statement of objections wherein it is submitted that as per the records of the respondent, Sy.No.No.91/17 measuring 9 guntas was acquired out of 15 guntas for formation of the Arkavathi Layout and Preliminary Notification and Final Notification were issued. Award has been passed in respect of the said land on 28.8.2004 but compensation amount is not disbursed. It is further submitted that the respondent has already recommended for allotment of alternative site to the petitioner which is pending before the Deputy Secretary for further consideration pursuant to the representation of the petitioner dated 8.11.2013.
3. In view of the aforesaid, the grievance of the petitioner being under consideration by the respondent, the respondent-BDA is directed to take a decision in accordance with law inasmuch as the allotment of an alternative site claimed by the petitioner in terms of the representation dated 8.11.2013 submitted before the respondent-BDA, in an expedite manner, not later than eight weeks from the date of receipt of certified copy of the order.
Writ petition stands disposed of in terms of the above.
Dvr:
Sd/- JUDGE