IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.14730/2019 (BDA) BETWEEN:
SMT.LALITHA B. ANAND W/O B.BRAHMANAND, AGED ABOUT 66 YEARS, R/AT NO.139, WILLIAM’S TOWN, 7TH CROSS, BENGALURU-560046 ... PETITIONER [BY SRI H.C.SUNDARESH, ADV.] AND:
THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, KUMARA PARK WEST, T CHOWDAIAH ROAD, BANGALORE-560020 …RESPONDENT [BY SMT.PUSHPAKANTHA, ADV.] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 25.06.2018 AS PER ANNEXURE-H FOR ALLOTMENT OF SITE BEARING NO.SH:214 MEASURING 30 X 40, SITUATED AT 3RD BLOCK, ARKAVATHI AS AN ALTERNATIVE SITE BY CONSIDERING THE CD REPORT SUBMITTED BY THE ASSISTANT EXECUTIVE ENGINEER, BDA DATED 25.09.2017 AS PER ANNEXURE-G.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel Smt. Pusphakantha accepts notice for the respondent.
The petitioner has sought for a writ of mandamus directing the respondent to consider the representation filed by the petitioner dated 25.06.2018 as per Annexure – H for allotment of site bearing No.SH:214 measuring 30 x 40 situated at 3rd Block, Arkavathi as an alternative site by considering the Correct Dimension [CD] report submitted by the Assistant Executive Engineer, BDA dated 25.09.2017 as per Annexure – G to the writ petition.
2. It is the contention of the petitioner that the respondent - BDA has allotted a site bearing No.187, measuring 30’ x 40’, situated at 7th Block, Arkavathi Layout in her favour. After depositing the entire sital value, the respondent has executed the Lease cum Sale Agreement of the site and also handed over the possession of the site in her favour. The petitioner after completing the lease period requested the respondent to execute absolute sale deed of the site. Thereafter, the Assistant Executive Engineer after visiting the spot submitted a report stating that the site in question situated within the NALA buffer zone and hence recommended for allotment of alternative site. The respondent has also identified the site bearing No.SH:214, measuring 30’ x 40’ situated at 3rd Block, Arkavathi Layout as an alternative site for allotment of the same in favour of the petitioner and the CD report was also received from the Assistant Executive Engineer. However, no action has been initiated by the respondent – authority despite the representation submitted by the petitioner. Hence, this writ petition.
3. Considering the facts and circumstances of the case, this Court is of the considered opinion that the ends of justice would be sub-served in directing respondent - BDA to consider the representation of the petitioner dated 25.06.2018 (Annexure – H) in accordance with law and take a decision in an expedite manner, in any event, not later than twelve weeks from the date of receipt of certified copy of the order. Ordered accordingly.
With the aforesaid observations and directions, the writ petition stands disposed of.
Sd/- JUDGE PMR