IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE KRISHNA S DIXIT REVIEW PETITION NOS. 422/2018 & 427/2018 Between:
1. Narayanaswamy S/o late Muniswamy, Aged about 63 years 2. Ramesh S/o late Shivanna Aged about 55 years Both residing at R/o No.159/1, 4th Cross, Geddalahalli, RMV 2nd Stage, Sanjaynagar, Bengaluru - 560 094. …Petitioners (By Sri. Ajith A Shetty, Advocate) And:
1. State of Karnataka Department of Housing and Urban Development, Vidhana Soudha, Bangalore-560 001.
By its Secretary.
2. Bangalore Development Authority (BDA) Kumara Park West T. Chowdaiah Road, Bangalore-560 020. By its Commissioner.
3. Special Land Acquisition Officer Bangalore Development Authority, Bangalore-560 020. ... Respondents (By Sri. Dildar Shiralli, HCGP for R1 Sri. G.H. Ravikumar, Advocate for Sri. Sachin B.S, Advocate for R2 & 3) These review petitions are filed under Order XLVII Rule 1 r/w Section 114 of the Code of Civil Procedure praying to review the order dated 15th November, 2018 passed by this Hon’ble Court in Writ Petition No.38979- 80 of 2014, in effect directing the respondent authorities to compensate the petitioners adequately, by allotting portions of the petition schedule land which remain un- developed or in the alternative, to allot such other land within territorial limits of the 2nd respondent authority, of similar dimension or of similar value, as on this date, of the petition schedule property.
These review petitions coming on for Admission this day, the court made the following:
ORDER The learned counsel for the petitioners has filed these petitions seeking recall of the Order dated 15.11.2018 on the ground that a particular fact matrix as to their claim for the allotment of alternate site/land, has not been adverted to despite urgement.
2. The learned counsel for the respondent-BDA, having opposed the recall application now submits that if the petitioners file an appropriate representation supported by all evidentiary material, there would be no impediment for the consideration of the same, in a time bound manner and in accordance with law.
3. The learned counsel for the petitioners is broadly in agreement with the above stand of the Respondent-BDA, which is reasonable and fair.
4. In the above circumstances, the petitioners are permitted to make a comprehensive representation pointing out their grievances, supported by the evidentiary material; on such making, the respondent- BDA shall consider the same on merits after giving an opportunity of hearing to the petitioners, within a period of three months.
Accordingly, these review petitions are disposed off.
Costs made easy.
Sd/- JUDGE PYR