IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.11780/2019 (BDA) BETWEEN :
SRI ALAGU SUNDARAM S/O SRI ARJUNAN AGED ABOUT 42 YEARS, R/AT 3/3, GANAPATHI NAGARA 8TH CROSS ROAD, HOSAKEREHALLI MAIN ROAD BANGALORE-560026 ...PETITIONER (BY SRI B.V.SHANKARA NARAYANA RAO, ADV.) AND :
1. THE BANGALORE DEVELOPMENT AUTHORITY, T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560020 REP. BY ITS COMMISSIONER 2. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560020 3. THE DEPUTY SECRETARY-I BANGALORE DEVELOPMENT AUTHORITY T.CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE-560020 …RESPONDENTS (BY SRI SOMASHEKARA K.M., ADV. FOR SRI C.R.GOPALASWAMY, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND DIRECT THE RESPONDENTS TO EXPEDITIOUSLY ALLOT A ALTERNATIVE SITE IN THE SAME LAYOUT AS PER THE REPRESENTATION DATED 05.04.2008 (ANNEXURE-F).
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 sought for a writ of mandamus directing the respondents to allot an alternative site in Sir.
M. Vishweswaraiah Layout as per the representation submitted by the petitioner dated 5.4.2008.
2. The petitioner is claiming to be the erstwhile owner of a site bearing No.136, Assessment No.207 of Ullalu village, Yeshwanthapur Hobli, Bangalore North Taluk which measured about 1200 sq. feet. It is the contention of the petitioner that the said site was acquired and utilized by the Bangalore Development Authority for the formation of Sir. M. Vishweswaraiah Layout by issuing preliminary Notification dated 14.12.2001 and Final Notification dated 31.10.2002.
3. It is the grievance of the petitioner that several representations submitted by the petitioner for allotment of an alternative site in the same layout in lieu of acquisition of his site has not fructified and finally constrained to file this petition.
4. Learned counsel appearing for the respondents fairly submits that the representation of the petitioner dated 5.4.2008 at Annexure-F to the writ petition shall be considered in accordance with law within a time frame.
5. In view of the aforesaid, this Court is of the considered opinion that the interest of justice would be sub-served in directing the respondents to consider the representation of the petitioner dated 5.4.2008 at Annexure-F to the writ petition, including determination of the sital value as contended by the petitioner, in accordance with law, in an expedite manner, in any event, not later than eight weeks from the date of receipt of certified copy of this order. Ordered accordingly.
In terms of the above, writ petition stands disposed of.
Sd/- JUDGE Dvr: