IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.50854/2019 (LA – BDA) BETWEEN :
SRI CHANDRASHEKAR R., S/O LATE RAMA RAO AGED ABOUT 56 YEARS, R/AT MALLATHALLI VILLAGE, YASHAWANTHAPURA HOBLI BANGALORE NORTH TALUK BENGALURU-560056 ...PETITIONER (BY SRI Y.D.SHIVASHANKARA, ADV.) AND :
1 . THE BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD KUMARA PARK WEST BENGALURU-560003 REP. BY ITS COMMISSIONER 2 . THE LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST BENGALURU-560003 …RESPONDENTS (BY SRI RAMAKRISHNA, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 01.02.2015, VIDE ANNEXURE-C TO ALLOT SITE MEASURING 1,197 SQ.FT. IN FAVOUR OF THE PETITIONER AS PER THE ORDER OF THE COMMISSIONER VIDE No.2683, DATED 02.07.2015 VIDE ANNEXURE-D.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has sought for a direction to the respondents to consider the representation dated 4.2.2015 to allot site measuring 1,197 sq. ft., in favour of him as per the order of the Commissioner dated 2.7.2015 at Annexure-D.
2. The petitioner contends that land measuring 0.11 guntas of Sy.No.No.35/5B situated at Mallathalli village, Yeshwanthpura Hobli, Bangalore North Taluk, was utilized by the respondent Authority for the formation of connecting road to Sir.M.Vishweshwaraiah Layout without compliance of the due process of acquisition and the respondent Authority has not paid compensation. The petitioner protested the said act of the respondent Authority. However, on the assurance made by the Authorities that they will provide equal extent of alternative land or site to the petitioner, the petitioner has allowed the respondent Authority to form the road in the said Sy.No.No.35/5B. Subsequently, representation was submitted by the petitioner requesting to allot same extent of land in any developed area. Since only to the extent of 50% of the land utilized has been allotted, the petitioner has filed Writ Petition No.55526/2014 questioning the action of the respondent Authority and seeking a direction to allot balance extent of 50%. The said writ petition came to be disposed of by this Court on 5.12.2014 permitting the petitioner to file detailed representation before the respondent – Authority by placing all materials and orders. It is submitted that the detailed representation has been made by the petitioner along with all the material/documents. The respondent- Commissioner, BDA has approved the calculation on 2.7.2015 vide order No.2683 and agreed to allot 1,197 sq. ft. of site to the petitioner.
3. It is the grievance of the petitioner that representation has been made subsequent to approval from the 1st respondent to allot site measuring 9 x 12 meters in favour of the petitioner, but in vain. Hence, this writ petition.
4. Learned counsel for the respondents would fairly submit that the respondents shall consider the representation dated 4.2.2015 at Annexure-C in accordance with law within a time frame.
5. In view of the aforesaid, the respondents are directed to consider the representation dated 4.2.2015 submitted by the petitioner at Annexure-C keeping in mind the order of the Commissioner dated 2.7.2015 at Annexure-D and take a decision 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 the order.
Writ petition stands disposed of, in terms of the above.
Sd/- JUDGE Dvr: