IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION Nos.17793 – 17794 OF 2015 (LA-BDA) Between 1. Sri C.M.Vijayaraghavan, S/o. Late C.M.Srinivas, Aged 45 years, R/at No.1272, 32nd G Cross, 4th T Block, Jayanagar, Bengaluru – 560 041 By his Special Power of Attorney holder Smt. Seethalakshmi Srinivas, W/o. Late C.M.Srinivas, Aged 69 years, R/at No.1272, 32nd G Cross, 4th T Block, Jayanagar, Bengaluru – 560 041.
2. Sri C.M.Sriram, S/o. Late C.M.Srinivas, Aged 41 years, R/at No.1272, 32nd G Cross, 4th T Block, Jayanagar, Bengaluru – 560 041 By his Special Power of Attorney holder Smt. Seethalakshmi Srinivas, W/o. Late C.M.Srinivas, Aged 69 years, R/at No.1272, 32nd G Cross, 4th T Block, Jayanagar, Bengaluru – 560 041. ... Petitioners (By Sri. P.M.Nayak., Advocate) AND 1. The Secretary, Urban Development Department, Government of Karnataka, Vikas Soudha, Bengaluru – 560 001.
2. The Commissioner, Bangalore Development Authority, Kumara Park (East), T. Chowdaiah Road, Bengaluru – 560 020.
3. The Special Land Acquisition Officer, Bangalore Development Authority, Kumara Park (East), T. Chowdaiah Road, Bengaluru – 560 020. ... Respondents (By Sri. B.J.Eshwarappa, AGA for R-1;
Sri. Murugesh V.Charati, Advocate for R-2 & R-3) These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash endorsement dated 20.12.2014 issued by the R-3 to the first petitioner as at Annexure-L; quash endorsement dated 19.12.2014 issued by R-
3 to the second petitioner as at Annexure-M; direct the respondents to consider the representation of the petitioners dated 23.4.2014 respectively as at Annexure-J & K to the writ petition as per the scheme the formulated by the R-2 in terms of the orders dated 20.7.2001 passed by this Hon’ble Court as at Annexure-C to the writ petition.
These writ petitions coming on for Preliminary Hearing in ‘B’ Group this day, the court made the following:
ORDER The short grievance of the petitioners herein is against the non-consideration of the representation for allotment of alternate site on the ground that their revenue sites were acquired in the subject acquisition.
2. After service of notice, the respondent-BDA having entered appearance through the panel counsel who opposes the writ petition on the ground that already the BDA has issued endorsements dated 19.12.2014 & 20.12.2014 at Annexures-M & L respectively to the writ petition rejecting the claim of the petitioners in as much as there was a civil dispute concerning the land in acquisition and also that the compensation appears to have been taken by the kathedar of the acquisition notification.
3. Having argued as above, the learned panel counsel for the respondent-BDA now fairly submits that if the petitioners produces authentic material to show that they are the owners of the revenue sites in question, their claim would be considered for grant of alternative sites in accordance with law, keeping in view the decisions of this Court made in similar matters, the copies whereof are at Annexures to the Writ Petitions.
4. The learned counsel for the petitioners is broadly in agreement with this proposal of the BDA. However, he expresses the apprehension that the endorsements dated 19.12.2014 and 20.12.2014 mentioned above should not be held against them, if sufficient material that takes away their substratum, is placed on record. There is force in this submission.
4. In the above circumstances, these writ petitions succeed in part; a Writ of Mandamus issues to the respondent Nos.- 2 and 3 to reconsider the claim of the petitioners for allotment of alternate sites within a period of three months in accordance with law, and further to make known the result thereof to them, forthwith.
5. It is open to the respondent Nos.2 and 3 to solicit any information or documents from the side of the petitioners as would be required for due consideration of their representation; however, no delay shall be brooked in the guise of solicitation.
Costs made easy.
Sd/- JUDGE DS/-