IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.11000/2019 (BDA) BETWEEN :
SMT.P.CHITRA W/O R.PANDURANGA AGED ABOUT 56 EYARS, # 115/2, 7TH A CROSS YELLAMMA TEMPLE STREET K.P. AGRAHARA, MAGADI ROAD, BENGALURU-560 023 ...PETITIONER (BY SRI M.C.VEERABHADRAIAH, ADV.) AND :
1. THE COMMISSIONER THE BENGALURU DEVELOPMENT AUTHORITY (BDA) KUMAR PARK WEST EXTENSION T CHOWDAIAH ROAD, BENGALURU-560 020 2. THE DEPUTY SECRETARY -III BENGALURU DEVELOPMENT AUTHORITY (BDA) KUMARA PARK WEST EXTENSION T CHOWDAIAH ROAD, BENGALURU-560 020 …RESPONDENTS (BY SRI GOPAL V. BILALMANE, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT, ISSUED BY THE R-2 DATED 13.07.2017 TO THE PETITIONER, VIDE ANNEXURE-A.
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 challenged the endorsement dated 13.7.2017 issued by the respondent-Authority inter alia seeking a direction to the respondent to allot an alternative site in favour of the petitioner in any of the subsequent layout developed by the Bangalore Development Authority.
2. Learned counsel appearing for the parties ad idem submit that the subject matter of this writ petition is similar to the issue considered by this Court in W.P.No.11380/2008 (D.D.3.6.2010) wherein this Court has categorically observed that the income of both the husband and wife need not be clubbed together inasmuch as the allotment under the Economically Weaker Section Scheme. It is the income of the applicant alone which has to be taken note of.
3. Indisputably, in the present case, the annual income of the petitioner is shown as Rs.9,500/- whereas the respondent-Authority has considered the family income as Rs.27,500/- per annum while denying the allotment of site under the EWS scheme.
Accordingly, the impugned order dated 13.7.2017 at Annexure-A stands quashed. It is open for the petitioner to produce the requisite document issued by the competent Authorities to substantiate her income before the Bangalore Development Authority. If the income of the petitioner is below Rs.11,800/- per annum as on the date of the allotment, the necessary documents shall be executed in favour of the petitioner in respect of the site in question. If the same is not available, an alternative site of equal dimension shall be allotted in any of the layouts developed by the Bangalore Development Authority, in an expedite manner, in any event not later than eight weeks from the date of receipt of certified copy of this order.
Writ petition stands disposed of accordingly.
Dvr:
Sd/- JUDGE