IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT W.P.No.22116 OF 2018 (LA-BDA) BETWEEN SRI. FOUZAN MAJID, S/O DR. M. A.AHAD, AGED ABOUT 53 YEARS, R/AT NO.1678, 2ND CROSS, SHIVARAMAIAH LAYOUT, H.B.R. 3RD BLOCK, BANGALORE – 560 043. ... PETITIONER (BY SRI.K.H. SOMASEKHARA, ADVOCATE) AND 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, BANGALORE – 560 001.
2. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE – 560 020.
3. THE SPECIAL LAND ACQUISITION OFFICER, BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BANGALORE – 560 020.
4. SMT.PEDAKKA KOM, D/O LATE MUNIYABHOOMI, AGED ABOUT 50 YEARS, RESIDING AT NAGADEVAHALLIGRAM, GNANABHARATHI LIMITS, KENGERI HOBLI, BANGALORE -560 060. ... RESPONDENTS (BY SRI.DILDAR SHIRALLI, HCGP FOR R.1;
SRI.RAJARAM SOORYAMBAIL, ADVOCATE FOR R.2 & R.3; SRI.YASEEN SALEHA, ADVOCATE FOR R.4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO CONSIDER THE REPRESENTATION DTD:12.8.2018 FILED BY THE PETITIONER VIDE ANNEXURE-A FOR DELETION OF SITE BEARING NO.1, CMC KATHA NO.7 HOUSELIST NO.208/1 NOW BBMP KATHA NO.192/208/1 TOTALLY MEASURING 4584.5 SQ.FT FORMED IN SY NO.208/1 SITUATED AT KACHARAKANAHALLI GRAMATANA, KASBA HOBLI, BANGALORE NORTH TALUK, BANGALORE SAME WAS PURCHASED BY PETITIONER AND HIS BROTHER IN TWO DIFFERENT SALE DEEDS BY PAYING BETTERMENT CHARGES, AS SCHEME LAPSED UNDER SECTION 27 OF THE BDA ACT., AND INVIEW OF THE REVENUE LAYOUT FORMED EARLIER TO THE NOTIFICATION AND CONSTRUCTIONS WERE MADE AND NO VACANT PLACE IS AVAILABLE FOR BDA. HENCE THE SAME BENEFIT MAY BE EXTENDED TO THE PETITIONER AS PER THE JUDGEMENT RENDERED BY THE APEX COURT IN BONDU RAMASWAMY AND OTHER VS. BANGALORE DEVELOPMENT AUTHORITY AND OTHER [REPORTED IN [2010] 7 SCC 129] VIDE ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The short grievance of the petitioner is against the non- consideration of his representation dated 12.08.2018, wherein he has sought for the deletion of his site from the acquisition process on the basis of the Tippani and Aagne [Note and Order] a copy whereof is at Annexure – H.
Para 8 at (Pages 79 & 80 of writ petition) of the said ‘Note and Order’ reads as under:
“ºÉZï © Dgï 1£Éà ºÀAvÀzÀ PÁZÀgÀPÀ£ÀºÀ½î UÁæªÀÄzÀ ¸ÀªÉð £ÀA.208:1 £ÀÄß ¢£ÁAPÀ: 25.05.2012 gÀAzÀÄ ¸ÀºÁAiÀÄPÀ PÁgÀå¥Á®PÀ C©üAiÀÄAvÀgÀgÀÄ £ÀA:1 G¥À«¨sÁUÀ ºÁUÀÆ F PÀZÉÃjAiÀÄ ªÉÆÃdtÂzÁgÀgÀÄ eÉÆvÉ dAn ¸ÀܼÀ vÀ¤SÉ ªÀiÁqÀ¯ÁVgÀÄvÀÛzÉ. CzÀgÀAvÉ ¸ÀªÉð £ÀA.208:1 gÀ°è ºÉZï © Dgï 1£Éà ºÀAvÀzÀ §qÁªÀuÉAiÀÄ°è AiÀiÁªÀÅzÉà ¤ªÉñÀ£ÀUÀ¼À£ÀÄß gÀa¹gÀĪÀÅ¢®è JA§ ªÀiÁ»wAiÀÄ£ÀÄß ªÉÆÃdtÂzÁgÀgÀÄ vÀAiÀiÁj¹gÀĪÀ £ÀPÉëAiÀÄ£ÀÄß F PÀqÀvÀzÀ°è ®UÀwÛ¹ ªÀÄÄA¢£À PÀæªÀÄPÁÌV ¸À°è¹zÉ.”
¸À»::26:5:
¸ÀºÁAiÀÄPÀ PÁgÀå¥Á®PÀ C©üAiÀÄAvÀgÀgÀ PÀZÉÃj £ÀA.4£Éà G¥À«¨sÁUÀ, © r J PÀZÉÃj ¨ÉAUÀ¼ÀÆgÀÄ C©üªÀÈ¢Þ ¥Áæ¢üPÁgÀ, ¨ÉAUÀ¼ÀÆgÀÄ : 560 020.
Annexure – J is the Map of the area concerned in which the petition site is situate along with other revenue sites.
2. The learned counsel for the petitioner on the basis of this material submits that there is a statutory obligation on the part of the respondent-BDA to consider petitioner’s representation and inform the result thereof and that this having not been done, the petitioner is before this court in writ jurisdiction.
3. The learned Panel Counsel for the respondent-BDA initially having opposed the Writ Petition, now submits that there would be no much difficulty for consideration of petitioner’s representation, if a reasonable period is prescribed by the court for undertaking the said task and also if the petitioner co-operates by furnishing necessary information and documents, required for such consideration.
4. In view of the above, this Writ Petition succeeds in part; a Writ of Mandamus issues to the respondent-BDA to consider petitioner’s representation dated 12.08.2018, copy whereof is at Annexure – A, within a period of three months, keeping in view the “Note and Order” at Annexure – H and BDA Map at Annexure – J, in accordance with law.
5. It is open to the respondent-BDA to solicit any information or documents from the side of the petitioner as are required for due consideration of the said representation, subject to the rider that, no delay shall be brooked in the guise of such solicitation.
It is needless to mention that the petitioner shall not be disturbed from the occupation of the site in question, till after a decision is taken on his representation and result thereof is communicated to him.
No costs.
Sd/-
JUDGE cbc