IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2019 BEFORE THE HON'BLE MRS. JUSTICE S. SUJATHA WRIT PETITION NO. 21496/2019 (BDA) BETWEEN:
SRI. A. MUNESH S/O LATE ANANTHA B. N. AGED ABOUT 38 YEARS R/AT NO. 2383, 7TH MAIN 20TH CROSS, 2ND STAGE K. R. ROAD, BSK BANGALORE - 560 070 … PETITIONER (BY SRI. SHIVASHANKARA Y.D., ADVOCATE) AND:
1. THE BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD BANGALORE - 560 020 REP. BY ITS COMMISSIONER 2. THE BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, BANGALORE - 560 020 REP. BY ITS DEPUTY SECRETARY -1 3. SRI. MOHAMED IBRAHIM S/O HUSSAIN SAHEB, 76 YEARS R/AT NO. 312, 4AC, 3RD BLOCK 3RD MAIN, HRBR LAYOUT KALYANNAGAR BANGALORE - 560 043 … RESPONDENTS (BY SRI. MURUGESH V. CHARATI, ADV. FOR R1 & R2; SRI. BHARATH KUMAR V., ADV. FOR R3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITY TO CONSIDER THE REQUEST OF THE PETITIONER DATED 09.05.2019 VIDE ANNEXURE-M AND TO QUASH THE IMPUGNED UNOFFICIAL NOTE VIDE ANNEXURE-L, DATED 08.05.2019, ISSUED BY THE R-2 FOR OBTAINING CHECK DIMENSION REPORT IN RESPECT OF SITE NO.3487 MEASURING 50 x 80 FEET, SITUATED AT 4TH H BLOCK, BANASHANKARI 6TH STAGE, BANGALORE-560 085, AS PER THE ORDER OF THE COMMISSIONER BDA VIDE NO.555 DATED 06.05.2019 ANNEXURE-K AND DIRECT THE R-1 TO ALLOT THE SITE NO.3487 MEASURING 50 x 80 FEET, SITUATED AT 4TH H BLOCK, BANASHANKARI 6TH STAGE, BANGALORE-560 085 AS AN ALTERNATIVE SITE IN LIEU OF SITE NO.726 AS THE SAID SITE HAS BEEN COVERED BY ROCK.
THIS WRIT PETITION COMING ON FOR PRILIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the respective parties.
2. The petitioner is claiming to be the absolute owner of the site bearing No.726, measuring East to West 24 meter and North to South 15 meter totally measuring 360 square meters situated at 9th Block, 6th Stage, Banashankari Layout, Bengaluru, purchased through the registered sale deed dated 28.1.2019 from Smt.Shilla Shree R. It is submitted that the said site was allotted by the respondent-authority on 13.3.2002 in favour of Smt.
Devaki C, who has executed a gift deed in favour of her daughter Smt. Shilla Shree R. through registered gift deed dated 23.2.2008. Thereafter, the petitioner having purchased the same has found that the said site is not suitable for construction of a residence, has made a representation to the respondent – authority on 1.2.2019 requesting to allot an alternative site bearing No.3487 measuring 15 x 24 meters situated at 4th ‘H’ Block, Banashankari 6th Stage, Bengaluru, as the said site is vacant. Check Dimension Report was submitted in respect of the said site No.3487, by the Deputy Secretary-1, the Bengaluru Development Authority, pursuant to the order of the Commissioner. Further, a representation has been made by the petitioner on 9.5.2019 as per Annexure-M for the allotment of the said site in view of the proposal made by the respondent – authorities to allot the said site in favour of respondent No.3.
3. It is the grievance of the petitioner that the representation submitted by him has remained un- considered and efforts are being made to allot the said site No.3487 in favour of respondent No.3.
4. Learned counsel appearing for the respondents would submit that the petition is premature and the petitioner has no right to seek for allotment of an alternative site, being a subsequent purchaser.
5. Be that as it may, prima facie, it is apparent that the petitioner as well as the respondent No.3 are seeking for allotment of the very same site No.3487 which requires to be considered and a decision has to be taken by the respondent authorities in accordance with law.
6. It would be suffice to direct the respondent No.1 to consider the representation at Annexure-L to the writ petition submitted by the petitioner and take a decision in accordance with law after providing an opportunity of hearing to the petitioner as well as the respondent No.3. Compliance by six weeks from the date of receipt of the copy of this order.
Accordingly, the Petition stands disposed of.
Sd/- JUDGE PL*