IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.50051 OF 2019 (BDA) BETWEEN:
Smt. Pushpavathi N.G. W/o Virupakshaiah, Aged about 52 years, No.5175, 20th Main Road, 22nd Cross, Vijayanagar, Bengaluru-560 040. …Petitioner (By Sri. Vasanth Kumar H.T., Advocate) AND:
1. The Bengaluru Development Authority T. Chowdaiah Road, Kumara Park West, Bengaluru-560 020.
Reptd. By its Commissioner.
2. The Secretary Bangalore Development Authority, T. Chowdaiah Road, Kumara Park West, Bengaluru-560 020.
3. The Deputy Secretary-I Bangalore Development Authority, T. Chowdaiah Road, Kumara Park West, Bengaluru-560 020. …Respondents (By Smt. Pushpa Kantha, Advocate) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to allot site No.893 situated at Sir. M. Vishweshwaraiah Layout, 7th Block, Bengaluru vide Annexure-H and etc., This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:
O R D E R Learned counsel Smt. Pushpakantha is permitted to accept notice for respondents.
2. The petitioner has sought for a writ of mandamus directing the respondents to consider the representation of the petitioner dated 11.10.2019 as per Annexure-K to the writ petition interalia seeking a direction to the respondents not to create any third party rights in respect of Site No.893 of Sir. M. Vishveshwaraiah Layout.
3. The petitioner submits that she was an absolute owner of the property bearing Sy. Nos.23/1 and 23/2 measuring 2 acres 27 guntas situated at Sonnenahalli Village, Kengeri Hobli, Bengaluru South Taluk. The said property was acquired by the respondents for the purpose of formation of Sir. M. Vishveshwaraiah Layout. The respondent has awarded compensation to the land measuring to an extent of 01 acre 20 guntas and no award has been passed to the remaining extent. Hence, petitioner has made a representation to allot two incentive sites to the remaining extent.
3. It is contended that the respondents passed the resolution to provide two incentive sites measuring 40’ x 60’ and 30’ x 40’, but no sites have been allotted. Therefore, the petitioner has filed a writ petition seeking a direction to the respondent to allot two incentive sites. After hearing both the parties, this Court was pleased to direct the Bangalore Development Authority to allot incentive sites within a period of two months. Thereafter, respondent issued CD report in respect of Site No.893 of Sir. M. Vishveshwaraiah Layout to allot the said site to the petitioner.
4. It is the grievance of the petitioner that despite direction issued by this Court, respondents have not allotted the said site No.893 and Contempt Petition No.1471/2019 has been filed and same is pending consideration before the Contempt Court. It is the contention of the petitioner that in the meantime, the respondents are attempting to sell the site allotted to the petitioner resulting in creation of third party rights over the said site. Hence, this writ petition.
5. In view of the aforesaid facts and circumstances, respondents-Authorities are directed to consider the representation of the petitioner dated 11.10.2019 at Annexure-K to the writ petition and take a decision in accordance with law after hearing the petitioner, in an expeditious manner, in any event not later than eight weeks from the date of receipt of certified copy of this order. Till such decision is taken by the Authorities, no third party rights shall be created relating to Site No.893 of Sir. M. Vishveshwaraiah Layout, Bengaluru.
The writ petition stands disposed of in terms of the above.
Sd/- JUDGE MBM