IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.50561/2019 (LA – BDA) BETWEEN :
SMT.L.M.PRABHAAVATHY D/O LATE L.S.MAHADEVAN, AGED ABOUT 66 YEARS, R/AT NO.1426, 13TH CROSS, PIPELINE ROAD, WEST OF CHORD ROAD, 2ND STAGE, MAHALAKSHMI PURAM, BENGALURU-560 086. ...PETITIONER (BY SRI H.C.SUNDARESH, ADV.) AND :
1 . THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, T. CHOWDAIAH ROAD, BANGALORE-560 020.
2 . THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BANGALORE-560 020. …RESPONDENTS (BY SRI NARENDRAGOWDA, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 28.03.2006, 13.06.2012 AND 02.05.2019 AS PER ANNEXURE-K, L AND M RESPECTIVELY FOR ALLOTMENT OF ALTERNATIVE SITE MEASURING 30 x 40 AT OLD RATE IN LIEU OF ACQUISITION OF THEIR REVENUE SITE BEARING No.22 FORMED IN SY.NO.21/2 OF MATADAHALLI VILLAGE, KASABA HOBLI, BENGALURU NORTH TALUK FOR FORMATION OF MATADAHALLI LAYOUT, PURSUANT TO THE INTIMATION LETTER ISSUED BY THE BDA DATED 09.09.1976 AS PER ANNEXURE-C.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has sought for a direction to the respondents to consider the representation filed by her for allotment of an alternative site measuring 30’ x 40’ at the rate prevailing on the date of acquisition Notification in lieu of acquisition of their revenue site bearing No. 22 formed in Sy.No.No.21/2 of Matadahalli village, Kasaba Hobli, Bengaluru North Taluk, for formation of Matadahalli Layout, pursuant to the intimation letter issued by the BDA dated 9.9.1976.
2. It is contended that the petitioner’s mother Smt.T.Kalyana Lakshmi purchased the revenue site bearing No.22 measuring 30’ x 40’ formed in Sy.No.21/2 of Matadahalli village, Kasaba Hobli, Bengaluru North Taluk, under a registered sale deed dated 17.5.1962. The respondent-BDA has acquired the said revenue site for the formation of Matadahalli Layout. The respondent-BDA issued Notification for allotment of alternative site to all the revenue site holders who have purchased the revenue sites before 1.5.1974 and acquired by the BDA for the formation of residential layout. It is contended that pursuant to the said Notification, BDA has issued intimation to the petitioner’s mother that an alternative site shall be allotted to her in lieu of acquisition of the revenue site standing in her name, at the prevailing allotment as on the date of acquisition. It transpires that the petitioner’s mother died in the year 2005. After the demise of her mother, the petitioner has approached the respondents and made several representations with a request to allot an alternative site in her favour, but in vain. Hence, the present writ petition.
3. Learned counsel for the petitioner has placed reliance on the order of the Cognate Bench of this Court dated 7.10.2017 passed in W.P.No.31814/2017 as well as the order of this Court dated 15.4.2019 in W.P.No.47780/2016 and allied matters, in support of her submissions.
4. Having regard to the facts and circumstances of the case, this Court is of the considered view that interest of justice would be sub- served in directing the respondents to consider the representations of the petitioner dated 13.6.2012 and 2.5.2019 at Annexures L and M respectively and take a decision in the matter in accordance with law in an expedite manner, in any event, not later than eight weeks from the date of receipt of certified copy of the order. Ordered accordingly, Writ petition stands disposed of, in terms of the above.
Sd/- JUDGE Dvr: