IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 BEFORE THE HON'BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.48723/2017 (BDA) Between:
Sri M.Ramaswamy S/o. T.Muthaiah Aged about 67 years R/o. No.1014 1st Main Road 3rd Block, 3rd Phase BSK 3rd Stage Bangalore – 560 085. …Petitioner (By Sri T.S.Harish, Advocate for Sri Shanmukhappa, Advocate.) And:
1. The State of Karnataka Represented by its Principal Secretary Urban Development Department 4th Floor, Vikasa Soudha Bangalore – 560 001.
2. The Bangalore Development Authority Kumara Park West, Bangalore – 560020 Represented by its Commissioner. ...Respondents (By Sri B.J.Eshwarappa, AGA for R1; Sri Bipin Hegde, Advocate for R2.) This Writ Petition is filed under Article 226 of the Constitution of India with a prayer to direct the respondent to allot the marginal site measuring to an extent of east-west 28’ + 24”/2, North-South 40’, which falls on site No.1021 in BSK III Stage, III Phase, III Block after receiving necessary charges in pursuance to the order dated 30.10.2013 passed in W.P.No.5965/2013 by this Hon’ble Court vide Annexure-J and consider the representation made by this petitioner vide Annexure-K dated 17.10.2016 and etc.
This petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:
ORDER This is the second round of litigation before this Court so far as the request of the petitioner to consider the representation for grant of marginal land is concerned.
2. The petitioner had approached this Court in W.P. No. 5965/2013, seeking for consideration of the representation for grant of marginal land, he being an allottee of site measuring 60’ x 40’ in Banashankari III Stage, III Phase, Bangalore, allotted by the BDA, and having constructed a building on the allotted site. This Court by an order dated 30th October, 2013, directed respondent No.2 to consider the representation submitted by the petitioner and if there is no legal impediment, grant the marginal land subject to the fulfillment of the statutory requirements by the petitioner. Time constraint was also fixed by three months from the date of receipt of copy of the order.
3. It is the grievance of the petitioner that against the said order passed by this Court, no action has been initiated by the respondent No.2 to consider the request/representation of the petitioner for grant of the marginal land.
4. Considering the facts and circumstances of the case, this Court is of the view that it would be appropriate to direct the respondent to consider the request/representation of the petitioner dated 17.10.2016 – Annexure ‘K’ to the writ petition, in terms of the order passed by this Court in W.P.No.5965/2013, disposed of on 30th October, 2013, in an expedite manner, if no decision is taken so far.
5. Time for compliance shall be three months from the date of receipt of certified copy of the order.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE mgn/-