IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.49456 OF 2014 (GM-SLUM) Between:
Smt. Kempamma W/o Govindappa Aged 54 years R/o No.801, Pantharapala Ambedkarnagara Nayandahalli, Mysore Road Bangalore-560 039. …Petitioner (By Sri H. Mohan Kumar, Advocate) And:
1. The State of Karnataka Department of Urban Development M.S. Building Bangalore-560 001 Rep. by its Principal Secretary 2. The Commissioner Karnataka Slum Clearance & Development Board No.55, Risaldar Road Seshadripuram Bangalore-560 020.
3. The Assistant Executive Engineer Sub-Division No.1 Karnataka Slum Clearance & Development Board No.55, Risaldar Road Seshadripuram Bangalore-560 020. …Respondents (By Smt. Niloufer Akbar, AGA for R1 Sri M.P. Srikanth, Advocate for R2 and R3) This Writ Petition is filed under Article 226 of the Constitution of India praying to direct the respondent No.3 to allot a house in the housing complex built under J-NURM scheme at Pantharapalya Ambedkar Nagar slum and etc.
This Writ Petition coming on for Orders this day, the Court made the following:
O R D E R This writ petition is filed seeking a direction to respondent No.3 to consider the representation of the petitioner for allotment of house in the housing complex built under J-Nurm Scheme at Pantharapalya, Ambedkar Nagar Slum, Bengaluru.
2. The case of the petitioner is that the petitioner along with her family has been living in a hut at Pantharapalya slum for the past 30 years. Pantharapalya Ambedkarnagar slum has given shelter to many underprivileged Sections of the Society in an area of more than 6 acres. She has got ration card and voter’s ID to show that she and her family has been living in a shed in the said slum.
3. On 24.1.1995, due to a fire accident, nearly 129 huts in the slum were burnt down to ashes. During the accident, along with the petitioner, many people have lost their shelter and their belongings.
4. Further case of the petitioner is that State Government and Union Government brought about a Scheme called J-NURM to clear the slums. Building multistoried dwelling houses for the under privileged slum dwellers was one of the important features of the Scheme. In pursuance to the said scheme, the petitioner has given a representation – dated 18.2.2014 (Annexure-‘E’) seeking for allotment of houses built under J-Nurm Scheme. So far, her representation is not considered. Therefore, she has filed this writ petition.
5. Learned counsel for the respondent-Board submits that if the representation is not yet considered, the same will be considered by passing appropriate orders in accordance with law.
6. Respondent No.2 is directed to consider the representation of the petitioner – Annexure-‘E’ and also the petitioner is permitted to submit a fresh representation within four weeks from today. If such representation is received by the respondents, the second respondent shall pass an appropriate order and communicate the same to the petitioner within three weeks from the date of receipt of a copy of the representation.
With the above said observations, writ petition is disposed of.
Sd/-
JUDGE SSD