IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.3507/2019 (LA – BDA) BETWEEN :
LAKKANNA S/O LATE AJJAPPA AGED ABOUT 30 YEARS R/AT 94/11, KANAKAPURA MAIN ROAD CHIKKEGOWDANAPALYA BANASHANKARAI 6TH STAGE BANGALORE-560109 ...PETITIONER (BY SRI NANDISH PATIL, ADV.) AND :
1. THE BANGALORE DEVELOPMENT AUTHORITY REP BY ITS COMMISSIONER T CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-560020 2. THE SPECIAL LAND ACQUISTION OFFICER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, KUMARA PARK WEST BANGALORE-560020 …RESPONDENTS (BY SRI BIPIN HEGDE, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 & 2 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 25.07.2018 VIDE ANNEXURE-K BY ALLOTTING ALTERNATE SITE MEASURING 1623 SQUARE FEET IN THE INTEREST OF JUSTICE AND EQUITY.
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 a writ of mandamus directing the respondent Nos.1 and 2 to consider the representation of the petitioner to allot an alternative site measuring 1623 sq. ft. for excluding 0.07 guntas from the acquisition out of 0.26 guntas acquired and re-conveying land to an extent of 6000 sq. ft.
2. The respondents issued preliminary Notification for formation of Banashankari VI Stage in which an extent of 0.27 guntas of the property belonging to the petitioners was included. The respondents issued final Notification in which 0.07 guntas of property was excluded from the acquisition and the same came to be notified at Sl.No.157 of the Notification. Though the petitioner was entitled to allotment of 7623 sq. ft., available land was only 6000 sq. ft. It is the contention of the petitioner that the request/representation made to the respondents to allot an alternative site for 1623 sq. ft., part of the excluded portion of the property, has not been considered. Hence, this writ petition.
3. Learned counsel for the respondents– Bangalore Development Authority would fairly and rightly submits that the representation of the petitioner dated 25.7.2018 at Annexure-K shall be considered in accordance with law within a time frame.
4. In view of the aforesaid, writ petition stands disposed of directing the respondents to consider the representation of the petitioner dated 25.7.2018 at Annexure-K to the writ petition and take a decision in accordance with law, in an expedite manner, preferably within a period of 12 weeks from the date of receipt of certified copy of the order.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE Dvr: