IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.27207/2017 (BDA) BETWEEN SMT. N MEENA AGED ABOUT 42 YEARS, D/O SRI V C NAGAMAIAH NO.2585, 11TH MAIN, E BLOCK, RAJAJINAGAR II STAGE BANGALORE-560010 (REP. BY HER GPA HOLDER SRI N KRISHNA). ... PETITIONER (BY SRI SHANKARANARAYANA RAO, ADV. FOR SRI SHIVAKUMAR H, ADV.) AND 1. BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560020, REPRESENTED BY ITS COMMISSIONER.
2. DEPUTY SECRETARY-1 BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, BANGALORE-560020. ... RESPONDENTS (BY SRI SACHIN B S, ADV. FOR R2, R1 – SERVED & UNREPRESENTED.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO MAKE ALLOTMENT OF AN ALTERNATIVE SITE IN FAVOUR OF THE PETITIONER WITHOUT ANY FURTHER DELAY IN THE MATTER, AS PER THE REPRESENTATION DTD:6.8.2016 [ANNEXURE-D].
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has approached this court seeking for a direction to the respondents to make allotment of an alternative site in his favour as per the representation dated 06.08.2016.
2. It is the grievance of the petitioner that the site allotted by the respondent-Bangalore Development Authority bearing No.763, Block IV, Sir M. Visveshwaraiah Layout, Bangalore in favour of him through allotment letter dated 07.04.2003 and the registered sale deed dated 19.07.2005 is not feasible for residential accommodation in view of the existence of the adjacent burial ground. It is submitted that a representation has been made as far back as 06.08.2016 to provide an alternative site and the same has not been considered so far. Learned counsel for the respondents-Bangalore Development Authority submits that the representation of the petitioner at Annexure-D shall be considered in accordance with law in a time frame.
3. In view of the aforesaid, this court is of the considered opinion that the interest of justice would be sub-served in directing the respondents-Bangalore Development Authority to consider the representation of the petitioner as per Annexure-D in accordance with law in an expedite manner in any event not later than eight weeks from the date of receipt of the certified copy of this order.
With the aforesaid directions and observations, writ petition stands disposed off.
Chs* CT-HR Sd/- JUDGE