IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION Nos.28202-204 OF 2019(BDA) BETWEEN:
1. Shivanand G.Prabhu, S/o Late Gopal P.Prabhu, Aged 62 years, R/at No.A402, Century Saras, Ananthapura Main Road, Behind California Resort, Yalahanka New Town, Bengaluru North-560 064.
2. G.Sathyanarayana Prasad S/o Late M. Gopala Krishna Naik, Aged about 54 years, R/at No.400, 1st Main Road, Fort, Kolar-563 101.
3. G. Kishore, S/o Late M.Gopala Krishna Naik, Aged 39 years, R/at No.4 ‘C’ Chetana, 1st ‘B’ Main, 14th ‘C’ Cross, 7th Block, 6th Secotr, HSR Layout, AIS’s Officers Colony, Bengaluru-560 102.
(By Sri.H. Mohan Kumar, Advocate) ... Petitioners AND :
1. The State of Karnataka, Department of Housing And Urban Development, M.S.Building, Bengaluru-560 001 Represented by its Principal Secretary.
2. The Commissioner, Bengaluru Development Authority, Kumara Park West, Bengaluru-560 020 3. The Additional Land Acquisition Officer, Bengaluru Development Authority, Kumara Park West, Bengaluru-560 020 … Respondents (By Sri. B.J.Eshwarappa, AGA for R1;
Sri. K.Krishna, Advocate for R2 and R3).
These Writ Petitions filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent No.2 to allot alternative sites to the petitioners as it was promised by the respondent No.2 in compliance of order of this Hon’ble Court in Junjamma’s case at the prevailing allotment prices during the year 2004 as expeditiously as possible.
These Writ Petitions coming on for Preliminary Hearing, this day, the Court made the following:
O R D E R Learned AGA accepts notice for respondent No.1.
Learned counsel Sri. K.Krishna, accepts notice for respondent Nos.2 and 3.
2. The relief sought in this writ petition is for a direction to the respondents to direct the respondent No.2 to allot alternative sites to the petitioners in terms of the order of this Hon’ble Court in Junjamma’s case at the prevailing allotment prices during the year 2004 as expeditiously as possible.
3. Paragraph -3 of Junjamma & Others Vs.
Bangalore Development Authority and Others, reported in ILR 2005, KAR 608 reads thus:
“3. Petitioners who are interested in availing this benefit shall make appropriate application within 90 days from the date of this order and thereafter the authority shall give notice to those persons, hear them and pass appropriate orders expeditiously.”
4. Learned counsel for the respondents have no objection to consider the case of the petitioner in the light of the order passed by this Court as aforesaid.
5. In the circumstances, the petitioners being similarly situated, it would be appropriate to direct the respondent-Bangalore Development Authority to process the claim of the petitioner if made within 90 days from the date of this order, in terms of the judgment of Junjamma’s case as stated supra and take a decision in an expeditious manner, in any event, not later than twelve weeks from the date of the application/claim made.
6. It is open to the Bangalore Development Authority to seek any other information/documents from the claimants/petitioners to substantiate the title/rights of the petitioner to the property in question.
7. It is needless to observe that the Bangalore Development Authority is under an obligation to intimate the consideration of the claim to the petitioner.
Accordingly, these writ petitions are disposed of. No order as to costs.
Sd/- JUDGE ag