IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 2ND DAY OF JANUARY 2019 BEFORE THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.36480/2018 & WRIT PETITION NO.36582/2018 (BDA) BETWEEN:
MR K O RAMASWAMY REDDY S/O LATE OBANNA AGED ABOUT 67 YEARS (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) R/AT NO.22/2, SARAKKIKERE, J P NAGAR BANGALORE SOUTH TALUK BANGALORE 560078 REP BY HIS GPA HOLDER MR K BABU S/O LATE KRISHNAPPA AGED ABOUT 46 YEARS, R/AT NO.57/2, 1ST CROSS, 2ND MAIN DODDLARS COLONY, 4TH PHASE, J P NAGAR BANGALORE 560078 (BY SRI. R SRINIVASA GOWDA, ADVOCATE) AND:
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARAKRUPA WEST BANGALORE-560020 (BY SRI. NARENDRA GOWDA, ADVOCATE) ... PETITIONER ... RESPONDENT THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT BDA TO CONSIDER THE REPRESENTATION DATED 20.6.2018 AND 01.08.2018 AS PER ANNEXURE-F AND H AS PER THE PROVISIONS OF THE KARNATAKA TOWN AND COUNTRY PLANNING [BENEFIT OF DEVELOPMENT RIGHTS] RULES, 2016.
THESE PETITIONS COMING ON FOR PRELIMINMARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The short grievance of the petitioner is against non- consideration of his representations dated 20.06.2018 and 01.08.2018 vide Annexures F & H respectively by the respondent-B.D.A.
2. After service of notice, the respondents having entered appearance through its learned Senior Panel Counsel, Shri K. Krishna submits that there would be no impediment for consideration of said representations in accordance with law. In view of this fair stand of the respondent-BDA, nothing much remains in these writ petitions if a reasonable period is granted by the Court, 4. In the above circumstances, these writ petitions are partly allowed; a Writ of Mandamus issues to the respondent-BDA to consider petitioner’s representations dated 20.06.2018 and 01.08.2018 at Annexures-F and H respectively within an outer limit of eight weeks in accordance with the provisions of Karnataka Town and Country Planning (Benefit of Development Rights) Rules, 2016 and further to inform the petitioner about the result of such consideration, without brooking any delay.
5. It is open to the respondent-BDA to call upon the petitioner to produce documents or to furnish such other information as is required for due consideration of the said representations.
No costs.
Sd/- JUDGE Snb/