IN THE HIGH COURT OF KARNATAKA, AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON' BLE MRS JUSTICE S.SUJATHA WRIT PETITION NO.6237 OF 2019 (LA-BDA) BETWEEN:
Sri G N Krishna S/o late Nanjaiah Aged about 59 years No.55, Sy.No.29/2 Vishveshwarayya Badavane, 1st Block Maruthinagara, Sonnenahalli Ramasandra Grama, Ullala Post Bangalore-560 056 .. Petitioner (By Sri.Hanumantharaya D, Adv.) AND:
1. Chief Secretary Government Of Karnataka Vidhana Soudha, Ambedkar Veedhi Bengaluru-560 001 2. Bangalore Development Authority T.Chowdaiah Road Kumara Krupa West Bengaluru-560 020 Rep. by its Commissioner 3. The Land Acquisition Officer Bangalore Development Authority. T.Chowdaiah Road, Kumara Krupa West, Bengaluru-560 020 ... Respondents (By Sri B.J.Eshwarappa. AGA for R-1 Sri.R Vybhav, Adv. For R-2 & R-3) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to issue no-objection certificate to petitioner herein in respect of site No.55, measuring East to West 40 ft, North to South 60 Ft, situated in Sy.No.29/2 of Ramasandra Village, Sulekere Grama Panchayathi, Kengeri Hobli, Bangalore South Taluk, which is shown as built up area as per master plan prepared by the respondent authorities at Annexure-J etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the court made the following;
ORDER Heard the learned counsel for the parties.
2. Though the relief sought in this writ petition is for a direction to the respondents to issue ‘No Objection Certificate’ to the petitioner herein, in respect of site No.55, measuring East to West 40 ft, North to South 60 ft., situated at survey No.29/2 of Ramasandra Village, Sulekere Grama Panchayathi, Kengeri Hobli, Bengaluru South Taluk, which is shown as built up area as per master plan prepared by the respondent authorities at Annexure- J, learned counsel for the petitioner submits that the relief of the petitioner would be considered in terms of the order passed by this Court on 28/11/2015 in W.P.No. 40037/2018 and allied matters whereby reference has been made to the judgment of this Court in the case of Junjamma & Ors Vs. Bangalore Development Authority and Others, reported in ILR2005, KAR 608.
3. Learned counsel for the respondents have no objection to consider the case of the petitioner in the light of the order passed by this Court as aforesaid.
4. Paragraph -3 of Junjamma’s case reads thus;
“3. Petitioners who are interested in availing this benefit shall make appropriate application within 90 days from the date of this order and thereafter the authority shall give notice to those persons, hear them and pass appropriate orders expeditiously.
5. In the circumstances, the petitioner being similarly situated, it would be appropriate to direct the respondent-Bangalore Development Authority to process the claim of the petitioner if made within 90 days from the date of this order, in terms of the judgment of paragraph-3 of the Junjamma’s case as stated supra in an expeditious manner and in any event not later than twelve weeks from the date of the application/claim made.
6. It is open to the Bangalore Development Authority to seek any other information/documents from the claimants/petitioners to substantiate the title/rights of the petitioner to the property in question.
7. It is needless to observe that the Bangalore Development Authority is under an obligation to intimate the consideration of the claim to the petitioner.
8. Petition is accordingly disposed of.
No order as to costs.
Sd/-
JUDGE Msu