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.5984 OF 2018 (LA-BDA) BETWEEN:
Smt. K.Pushpa, W/o K.Bhaskar, Aged about 60 years, Residing at No.240, Nagasandra Road, Bengaluru-560 028. … Petitioner (By Sri. H.C.Sundaresh, Advocate) AND:
1. The Commissioner, Bangalore Development Authority, T.Chowdaiah Road, Bengaluru-560 020.
2. The Deputy Secretary-III Bangalore Development Authority, T.Chowdaiah Road, Bengaluru-560 020.
3. The Executive Engineer, Bangalore Development Authority, West Division, Vijayanagar, BDA Complex, Bengaluru-560 040. … Respondents (By Sri. Narendra Gowda, Advocate) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to consider the representation filed by the petitioner, dated 27.05.2013 and 19.12.2013 as per Annexure-K and L respectively for allotment of alternative sites, measuring 30X40 and 20X30 for having taken over 2.2 guntas of land in Sy.No.103 of Nagarabhavi Village without initiating acquisition proceedings for the purpose of formation of outer ring road connected from Magadi Road to Mysore Road by considering the resolution passed by the respondent, dated 4.7.2006 in subject No.102/2006 vide Annexure-C.
This Petition coming on for Orders this day, the court made the following:-
ORDER The short grievance of the petitioner as to non-consideration of her claim for the grant of alternate site substantially is granted redressal by an undertaking which is incorporated in paragraph Nos.2 and 3 of the affidavit filed on behalf of respondent-BDA. The said paragraphs read as under:
“2. The petitioner has filed this writ petition seeking to allot alternative site for having lost her site in an acquisition and to consider the official note of this authority dated 27-9-2006 vide Annexure-H to the writ petition. This Hon’ble Court by its order dated 24-1-2019 has directed the Deputy Secretary shall appear before the Court on 7-2-2019 for explaining the circumstances that resulted into delaying the allotment of site to the petitioner. However it is observed that there shall be no need to personal presence, if in the meanwhile, interms of the aforesaid Unofficial Note at Annexure-H, positive steps are taken from the side of the respondent BDA for allotment of the site to the petitioner.
3. I submit that in view of aforesaid observation I have taken steps to identify the site in the same layout and correspondence letter has been issued to the Engineering section to furnish the C.D.Report measuring 30x40. Now we are identifying the vacant site measuring 30x40 in the Nagarbhavi layout for allotment of the same to the petitioner. I also undertake that this authority will allot a site measuring 30x40 within 15 days and also undertake that I will execute the sale deed in favour of the petitioner within one month.”
Keeping the above undertaking on record, this writ petition is disposed off.
No costs.
Sd/- JUDGE SMJ