IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.54264/2018 (BDA) BETWEEN:
SRI G.S.SURESH KUMAR S/O LATE SRI G.S.SUBRAMANIAN AGED ABOUT 60 YEARS R/AT No.D-203, P.G. APARTMENT S.M. ROAD, JALLAHALLI WEST BANGALORE-560051. …PETITIONER (BY SRI P.S.JAGADISH, ADV. FOR SRI P.B.RAJU, ADV.) AND:
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKAS SOUDHA, BANGALORE-560001.
2. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY BANGALORE-560001.
3. THE DEPUTY COMMISSIONER FOR LAND ACQUISITION BANGALORE DEVELOPMENT AUTHORITY BANGALORE-560001. …RESPONDENTS (BY SRI B.J.ESHWARAPPA, AGA FOR R-1; C.RAMAKRISHNA, 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 RE-ALLOT 30x40 SITE LAND IN Sy.No.11/1 IN GIDDAKONENAHALLI, YESHWANTPUR HOBLI, BANGALORE NORTH TALUK, FOR THE FORMATION FO THE VISHWESHWARAYA LAYOUT, BY CONSIDERING THE REPRESENTATION OF THE PETITIONERS DATED 20.09.2017 VIDE ANNEXURE-A.
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 writ of mandamus directing the respondents to re-allot 30’ x 40’ site land in Sy.No.11/1 in Giddakonenahalli, Yeshwanthpur Hobli, Bangalore North Taluk, by considering the representation of the petitioner dated 20.09.2017 at Annexure – A.
2. The petitioner is claiming to be the land looser of the residential site carved out of Sy.No.11/1 of Giddakonenahalli Gramatana, Yeshwantpur Hobli, Bangalore North Taluk. The said site has been acquired by the Bangalore Development Authority for formation of Vishweshwaraiah Layout.
3. It is the grievance of the petitioner that no notice for acquisition of the said site has been issued on the petitioner. The petitioner has sought for alternative site in view of the said acquisition through multiple representations and one such representation is dated 20.09.2017. Since no action being taken on the representations submitted by the petitioner, this writ petition is filed.
4. Having considered the totality of circumstances of the case, this Court is of the considered view that it is obligatory on the part of the Bangalore Development Authority to consider the representation of the petitioner dated 20.09.2017 at Annexure-A and to take a decision in accordance with law after providing an opportunity of hearing to the petitioner. The same having not been done, it is necessary for this Court to direct the respondent No.2 – Commissioner, Bangalore Development Authority to consider the representation of the petitioner dated 20.09.2017 at Annexure-A and take a decision in accordance with law in an expedite manner in any event not later than twelve weeks from the date of receipt of certified copy of the order. Ordered accordingly.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE NC.