IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.29870 /2017 (LB-RES) PIL BETWEEN NAGARIKA SAMITHI SURATHKAL AKASH NAVAGIRINAGARA POST KULAI, HOSABETTU MANGALORE TALUK-575 019 REP. BY ITS PRESIDENT ….PETITIONER (BY SHRI. S. SHAKER SHETTY, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS URBAN DEVELOPMENT SECRETARY, VIDHANA SOUDHA BENGALURU-560 001 2. MANGALORE URBAN DEVELOPMENT AUTHORITY URVA STORES, ASHOK NAGAR POST MANGALORE-575 006 REP. BY ITS COMMISSIONER ... RESPONDENTS (BY SHRI. D. NAGARAJ, AGA FOR R1;
SHRI. HAREESH T. BHANDARY, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO GRANT AND ACCORD TO THE R-2 TO FORM A HOUSING LAYOUT AND ALLOT SITES TO THOSE WHO ARE NOT HAVING ANY HOUSE OR SITES IN THE AREA AND DIRECTING THE R-2 TO FORM LAYOUT AND ALLOT THE SITES TO THOSE WHO ARE HAVING NO SITES OR HOUSES IN THE SAID AREA.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned Counsel appearing for the petitioner, the learned AGA for the first respondent and the learned Counsel appearing for the second respondent. By consent, the matter is taken up for hearing.
2. A very limited prayer is made in this writ petition filed in the nature of a public interest litigation. Prayer No.I reads as follows:
“issue a writ of mandamus directing the respondent No.1 to grant and accord to the respondent No.2 to form a housing layout and allot sites to those who are not having any house or sites in the area and directing the respondent No.2 to form layout and allot the sites to those who are having no sites or houses in the said area, according to law.”
3. In the statement of objections filed by the second respondent, it is stated that a layout plan has been submitted to the first respondent-State Government for approval. There is an affidavit filed by Shri Nagaraj, working as Under Secretary to the Government, in which a categorical statement has been made on oath that a layout map had been submitted by the second respondent which has to be finally vetted by the Director of Town and Country Planning. In paragraph No.12 there is an assurance that first respondent is taking necessary steps and approval would be accorded to the scheme at the earliest in accordance with law after considering its financial and technical feasibility.
4. The learned AGA states that by a communication dated 28th February 2019, the second respondent has been called upon to submit certain documents. He states that within two weeks from the date on which documents are produced by the second respondent, the State Government will take appropriate decision as assured in paragraph No.12 of the affidavit. We accept the aforesaid statements.
5. Hence, we dispose of the writ petition by passing the following order:
We direct the second respondent to furnish requisite documents in terms of the communication dated 28th February 2019, to the first respondent within ten days from today. In view of the statement made by the learned AGA on instructions, we direct that within two weeks from the date on which requisite documents are submitted by second respondent, the first respondent shall take appropriate decision in the matter for grant of approval to the scheme in accordance with law.
There shall be no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE Yn.