IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.51174/2019 (BDA) BETWEEN :
1 . SRI. E. THYAGARAJ S/O R EKAMBAR, AGED ABOUT 33 YEARS, R/AT NO.2435, NARASIMHAIAH NILAYA, 3RD CROSS, NARASIMHAIAH LAYOUT, VIJINAPURA, BENGALURU-560016 2 . SRI B SANDEEP S/O R BASAVACHARI, AGED ABOUT 42 YEARS, R/AT 3RD MAIN ROAD, NEW MANJUATH LAYOUT, RAMAMURTHY LAYOUT, BENGALURU-560016 3 . SRI B R CHANDRADHARA S/O B R SHIVAKUMAR, AGED ABUT 28 YEARS, R/AT NO.1/1, 2ND MAIN ROAD, CHAMARAJAPET, BENGALURU-560018 4 . SRI SUMAN N SRIVALLI S/O S BHARATH, AGED ABOUT 32 YEARS, R/AT NO.57, NEAR GOVT SCHOOL, YAJURVEDA ASHRAMA, BIDARAHALLI, BENGALURU-560049 5 . SMT SHRISHA N SRIVALLI W/O S NAGENDRA, AGED ABOUT 27 YEARS, R/AT NO.43, 14TH A CROSS, 1ST MAIN ROAD, PAI LAYOUT, DOORAVANINAGARA, BENGALURU-560052 6 . SRI SANDEEP SINGH N S/O NARAYANA SINGH, AGED ABOUT 32 YEARS, R/AT NO.155, 4TH MAIN ROAD, 8TH CROSS, CHAMARAJPET, BENGALURU-560018 7 . SMT SHILPASHRI S W/O RAGHU, AGED ABOUT 27 YEARS, R/AT NO.223, 1ST B CROSS, 3RD STAGE, 4TH PHASE, BASAVESHWARANAGAR, BENGALURU-560079 8 . SMT KAVYA W/O VINAY BHAT, AGED ABOUT 31 YEARS, R/AT NEAR GANAPATHI TEMPLE, SHARADA COLONY, BASAVESHWARANAGAR, BENGALURU-560079 9 . SMT INDUMATHI W/O GANAPATHI, AGED ABOUT 57 YEARS, R/AT NO.16, 1ST CROSS, J P SHARADA COLONY, BASAVESHWARANAGAR, BENGALURU-560079 10 . SRI JAYARAMA S/O RACHAIAH, AGED ABOUT 58 YEARS, R/AT NO.78/A, 1ST MAIN ROAD, JARAKABANDE KAVAL, NANDINI LAYOUT, BENGALURU-560096 11 . SRI SHIVANNA S/O SIDDASHETTY, AGED ABOUT 40 YEARS, R/AT NO.152, 1ST FLOOR, JARAKABANDE KAVAL, NANDINI LAYOUT, BENGALURU-560096 12 . SRI DEEPU S/O LATE MAHADEVAPPA, AGED ABOUT 36 YEARS, R/AT NO.640, 2ND MAIN ROAD, 9TH CROSS, BANGARAPPA LAYOUT, R R NAGAR, BENGALURU-560098 13 . SMT RADHIKA W/O SHIVACHARANASINGH, AGED ABOUT 45 YEARS, R/AT NO.78/A, 1ST FLOOR, J B KAVAL, NANDINI LAYOUT, BENGALURU-560096 14 . RENUKA W/O TULASIRAM SINGH, AGED ABOUT 40 YEARS, R/AT NO.44, 5TH CROSS, K.S.R.T.C. LAYOUT, J P NAGAR 2ND STAGE, BENGALURU-560041 15 . SRI NINGAPPA S/O KAMBALAMADAIAH, AGED ABOUT 55 YEARS, R/AT NO.640, 2ND MAIN ROAD, 9TH CROSS, BANGARAPPA LAYOUT, R R LAYOUT, BENGALURU-560098 16 . NINGARAJU S/O LATE GURUSHANTHAIAH, AGED ABOUT 40 YEARS, R/AT NO.78, 2ND FLOOR, J B KAVAL, NANDINI LAYOUT, BENGALURU-560096 17 . SHANTHARAJ S/O MUTHURAJ, AGED ABOUT 44 YEARS, R/AT NO.152, 1ST FLOOR, 1ST MAIN ROAD, J B KAVAL, NANDINI LAYOUT, BENGALURU-560096 ...PETITIONERS (BY SRI AJIT KALYAN, ADV.) AND :
1 . STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF HOUSING VIKAS SOUDHA, BENGALURU-560001 2 . THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, KUMARAPARK WEST, CHOWDAIAH ROAD, BENGALURU-560020 …RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R-1; SMT.M.R.VANAJA, ADV. FOR R-2.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER 10.11.2017 AND 30.10.2019 SUBMITTED BY THE PETITIONERS MARKED AT ANNEXURE-H AND J AND ALLOT VACANT SITE AVAILABLE ANY LAYOUT FORMED BY THE 2ND RESPONDENT AND AS PER THE DIRECTION OF THE GOVERNMENT IN ACCORDANCE WITH LAW.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned Government Advocate accepts notice for respondent No.1.
Smt. M.R.Vanaja, learned counsel accepts notice for respondent No.2.
The petitioners have sought for a direction to the respondent No.2 to consider the representations dated 10/11/2017 and 30/10/2019 submitted by the petitioners marked at Annexures – H and J to the writ petition and allot vacant site available in the layout formed by respondent No.2.
2. The petitioners claim to be the permanent residents of Bengaluru District since a long time. It is submitted that they belong to lower income group and earlier they were residing in the slum situated in survey Nos.1 and 2 of Lingarajapuram Village. It is contended that the petitioners have made representations before respondent No.2 for allotment of vacant sites available in any layout, but of no avail. Being aggrieved by the inaction of the respondents in not considering the request for allotment of alternative land, in view of their lands acquired for construction of Fly Over, the present writ petition is filed.
3. In the circumstances of the case, this Court is of the considered view that there is no legal impediment for respondent No.1 to consider the representation of the petitioners and to take a decision in the matter. Hence, the respondent No.2 is directed to consider the representations of the petitioners dated 10/11/2017 and 30/10/2019 Annexures - H and J respectively and take a decision in accordance with law by passing a speaking order in an expedite manner, in any event, not later than eight weeks from the date of receipt of a copy of this order.
4. The writ petition stands disposed of, in terms of the above.
Sd/- JUDGE Msu